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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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matt v Abbey


mattyb13
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Right today is the day im going to start with my claim against the Abbey.

 

Can anybody who has claimed or is presently claiming against them just give me a few pointers.

 

Firstly, does anybody know the best address to send off to get my statements.

 

I have found this one Data Protection Manager

Data Protection Team

Regulatory Compliance

Abbey House

201 Graftons Gate East

Milton Keynes

MK9 1AN .

 

I was also given this one in a telephone conversation by them :

Customer Operations,

PO BOX 297.

Bradford.

BD1 1BR.

 

thanks matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Sent SAR on Friday 16th Feb by recorded delivery and checked the royal mail website and they have received today, so the 40 days are ticking. So I make that the end of March.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Hello there..

 

Im just in process of waiting for my prelim with Abbey,Just to let you know that Abbey sent my statments in dribs and drabs, so ive now got 2 claims going on!!!!:rolleyes:

 

So just wait untill you get the whole lot before you put in your claim!! I think it's just there way of delaying things!!:mad:

 

Good luck

Monnie

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Nakered, did you get them in the 40 day period? and did you get fobbed off with the microfiche thing.

 

good luck with your claim.

 

matt

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

Hi Matt

 

I got my statements 2weeks after i asked for them , and the print out of the microfiche about a week and a bit after.Dont no why they didnt send them all together tho??:?:

But saying all that Abbey were fine with sending them ( luckily )

 

hope this helps

Monnie

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Received a letter from the abbey today thanking me for my request, lol, and saying that they are going to send me 14 months of statements but the rest is on microfiche and they cant send it to me until i send £10.

 

I have already sent a S.A.R. with £10 postal order in it. This letter has come from a different address to which I sent the SAR but this letter may have been triggered by a phone conversation I had with them the day before i sent my SAR. I have sent another £10 and a covering letter saying that I wanted one of the £10 sent back.

 

Now I have requested data at 2 different addresses from Abbey so I hopefully should get some data from at least 1 of them and as for the extra £10 i'm not too bothered about it as i'm guessing(and this is a wild guess) I will be claiming for about £3000.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

Hi Matt,

 

Abbey tried to get another £10 out of me,but i sent them a photo copy of my postal order reciept from the post office, i think it's just them stalling for time!!

 

I sent off my LBA today,so they have another 14days ( not sure if this is 14 working days??) to comply, otherwise its the BIG one!!:o (N1 form )

 

Make sure you really go through the microfiche printouts with a fine tooth comb,i missed a couple of charges!!

 

Best of luck and lets see who gets OUR money first!!;)

 

Monnie

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Received 12 months of statements today (9 days after they received my S.A.R.) they promised me 14 months and are missing April and May's statements, just waiting for the microfiche printouts for the rest.

 

I'm unsure about the contractual interest I may be able to claim back. I had a £1200 O/D and was always around that mark. I was being charged about £8-£9 per month which i think is about right. After falling into differculties Abbey removed my O/D so I moved my wages. I agreed to pay them £100 per month providing they didnt hit me with O/D overlimit fee they agreed but are now charging £24-£25 interest per month.

 

just a few questions on this;

1, can it be reclaimed?

2, if so is it worth the extra hassle, it seems very complicated?

 

thanks,

matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

matt, sounds similar to me. I did a lot of research : 8% was pathetic, accurate interest calculation looked tedious (6yrs worth of transaction) and prone to keying error and hence challenge by Abbey. I ended up simply applying the authorised overdraft rate (currently 16.9%) to each charge. Nice and easy, and the logic goes as follows :

  • it's a close approximation to the interest they charged
  • without either Abbey providing the true figure or me employing a forensic accountant, it's the best figure I've got
  • it is reasonable because the very short periods I was in credit were balanced by the periods of unauthorised overdraft interest
  • it underestimates the interest stemming from the charges because it ignores the fact that, without the charges the account would not have been in overdraft and therefore have attracted less or no interest.

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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  • 2 weeks later...

just posted this in the general board but seems quiet over there a the mo so have copied and pasted it here to see if anyone can help.

 

At what point does a bank account become in dispute???

 

I am making a claim v abbey and have sent a SAR. I havent had all the info back yet (deadline end of this month). I have just had a phonecall from DRMS (abbey's collection services i assume). They refused to speak to me and would only talk to my wife, who is not here, although it is a joint account.

 

Is my account in dispute yet and can they transfer it to a debt collection agency or is it once my prelim has been sent that it becomes in dispute??

 

thanks.

 

matty

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

mistie, they have got until the 31st march.

I am thinking of writing a letter to them as im still missing 2 months of the 14 months they promised and also all the microfiche printouts.

 

I was just going to send them a polite reminder that they have 14 days left and im sure that a business like theirs would not to fail to comply with the DPA

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

hi matt,

i am going to send them a reminder on monday, telling them they have till the 30th.

there is a link on my thread to the letter you need.

i just want to get the ball rolling, i cant wait to see how much i'm owed.

hows the tsb going??

mistie

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yeah, i have been keeping an eye on your threads as we have are at a very simalar stage.

 

i have drafted my own letter and im going to send it tomorrow.

 

LTSB going ok they have until 20th or it is time to start court action.

 

good luck mistie.

 

matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

Received all microfiche printouts today aswell. still missing 2 months of statements. sent them 2 letters late last night reminding them they have just 14 days left to comply, typical. hopefully though the letters will trigger them to send out the missing 2 months.

 

Although 2 months might not be alot the month before the missing ones i was charges £150 and the month after i was charged £220 so those months could be anything from £0-£400 and i want to make sure i get back everything im entitled to. :D

 

oh and a quick scan shows a total off £3467

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

Right gone through statements/microfiche with a toothcomb and it wasn't quite as much as i first thought as some of the microfiche printouts overlapped statements so i added it twice. (glad i spotted that before i sent anything off).

 

total is £3135 so prelim going on monday..#

 

Abbey here i come

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

  • 3 weeks later...

Received no response to my prelim not even a you must be kidding letter so LBA going tomorrow morning.

 

i surprised i didnt get a fob off letter I know they received it as i sent it recorded delivery.I sent it to trinton square and thought they would forward it on to whatever dept they wanted to maybe they couldnt be bothered :rolleyes:

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

  • 2 weeks later...

After reading alot of threads on the abbey board it seems like abbey have no idea what they are doing and today proved this for me.

 

I received a normal fob off letter from the abbey today. The letter was dated 12th April and started with the normal.

 

Dear sir,

 

As you know we are currently investingating your complaint you raised with Abbey 4 weeks ago. I am not aware because they didnt reply to my prelim letter and it was on the 20th March they received it which was only 3 weeks ago.

Our research is taking longer because we want to make a full investigation. Yeah, course you do.

We will write to you again in 4 weeks to let you know how we are getting on. I dont think so because in 10 days if you havent given me my money back im going to go to court.

We would like to reassure you that your complaint is very important to us. Yeah along with the 1000's of other that you send the standard letter to.

10 days and counting Abbey.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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