Miss Muppet v Abbey

[miss muppet]

If you're interested just thought I'd let you know my progress with Grabby Bank. As you know have started court action against Abbey, the claim was started on 8th Feb but deemed to have been served 13th, it will be two weeks on the 27th and as far as aware no defence, so on to the next stage! Got letter to-day which advised me that my account has been reviewed today and despite previous communications remains seriously overdue and a restriction has been placed on my account which means no further transactions will be authorised (as if I was planning on any!) Just goes to show their level of inefficiency. Apparently they don't know they are being sued for the return of the penalties.

[miss muppet]

If you're interested just thought I'd let you know my progress with Grabby Bank. As you know have started court action against Abbey, the claim was started on 8th Feb but deemed to have been served 13th, it will be two weeks on the 27th and as far as aware no defence, so on to the next stage! Got letter to-day which advised me that my account has been reviewed today and despite previous communications remains seriously overdue and a restriction has been placed on my account which means no further transactions will be authorised (as if I was planning on any!) Just goes to show their level of inefficiency. Apparently they don't know they are being sued for the return of the penalties.

[leehughes]

LOL

 

Did they say they are charging you for what appears to be an automated letter???

 

Regards

[leehughes]

LOL

 

Did they say they are charging you for what appears to be an automated letter???

 

Regards

[miss muppet]

Ta very much Lee & Dave,yes, I am a sad person who has to get up early to go to work on a Saturday so thought I'd reply. Hadn't thought about the cost of their automated letter, its a good point, yes they are school play ground bullies but as Dave says they'll have to go on the rehabilitation programme and learn the error of their ways. Gonna ask the court to enter judgement on the 28th, thats giving them an extra day, aren't I kind? Keep trying with the ciggies Dave, the husband of a friend was such an addict that his wife refused to go on long haul flights with him because he was a nightmare without the cigs but he went cold turkey and is still off the weed and feels much better for it.

[miss muppet]

Ta very much Lee & Dave,yes, I am a sad person who has to get up early to go to work on a Saturday so thought I'd reply. Hadn't thought about the cost of their automated letter, its a good point, yes they are school play ground bullies but as Dave says they'll have to go on the rehabilitation programme and learn the error of their ways. Gonna ask the court to enter judgement on the 28th, thats giving them an extra day, aren't I kind? Keep trying with the ciggies Dave, the husband of a friend was such an addict that his wife refused to go on long haul flights with him because he was a nightmare without the cigs but he went cold turkey and is still off the weed and feels much better for it.

[miss muppet]

Hi y'all, well just thought I would let you know the latest offering from Grabby (Bank Fodder has the copy of their lovely letter and may like to share the contents with you) but basically it says they will refund £529.74 although they do not agree that these are penalties. They will do this because (if you believe them- yeah right!) they are a bunch of banking philanthropists only refunding the penalties out of the kindness of their stony hearts. Took advice from the outset from bankchargeshell group who said in reply to my idea that the above could prove that as their contract involved these illegal charges it could mean the contract is unfair that it was possible but difficult in practice and I could let them take me to court for the remainder then put this arguement to the court and probably get some sympathy but probably best to offer them an affordable monthly payment however I see from your FAQ's that I could make removing the default part of the conditions otherwise I proceed to court on the original penalty charges, their time for putting in a defence would have been 27th Feb and got the letter on 25th as predicted! Got any advice anyone?

[BankFodder]

The letter which I have seen from you shows me that they are not offring a sum and asking you if you agree. Instead it says that they are paying you what you want - but they are closing your account etc.

 

If the amount is what you claimed then I am afraid that yo have no option but not to proceed to ask for a judgement.

They will easliy set it aside on the basis that the cause of action no longer exists and you could even become liable for some costs as you will have forced the matter into court unnecesarily.

If what they are paying you is less than you have asked then including costs and interest then you should ask for judgment.

 

As far as asking for the default to be removed. You could have done this if you could show that the default was caused by their unlawful charges.

However, if you did not make this an issue at the outset then it would be too late to introduce it now - and also strictly speaking the issue should be included in your claim form - although we shall have to discover how to do this. I imagine that one would have to ask for an injunction.

 

I assume from your post that you have not included the question of the deafult amongst the issues which you originally raised with the Bnak.

I think that this means that you would have to bring an action in defamation. This would be a very tricky and dangerous thing to do at the moment. However if for instance Stephen won his case against the 8 banks then I owuld sertainly recommend everyone who has been defaulted because of unlawful charges to begin defamation actions (depending on the exact outcome, of course).

However, there is only a 1 year limitation period for defamation.

 

I am sorry to say that you may be stuck with the default for the foreseeable future and I am sure that you will feel that it is very unfair - and I would agree.

[miss muppet]

yes, you are right didn't ask for the defamation clause because didn't know about it so hopefully Stephen will win his case against the 8 banks in under a year! Yep do think its unfair but lets face it if I had thought it out properly I probably would have paid their charges paid them off and then got the money back although that could have made my life difficult financially. Looks like I will have to trust them,withdraw the case and pay them off albeit slower than they demand!!

[dt3000]

One question...how can you tell if they've placed a default against you?

[BankFodder]

Ask for your credit record. See the libraray for Equifax and Experian

[miss muppet]

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