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    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
    • There is a 'pharmacy' based one within range, although I understand the vaccinations are done by the pharmacy team at a nearby (otherwise closed) community centre - not the pharmacy   Have no idea why. probably space.   They are vaccinating with O/AZ as most seem to be apparently due to pfiser shortages
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Making A New Claim 'settled out of court'


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Hi all,

 

After reading other members threads and posts, I would also like to try and recover charges which were made to our account. The only problem is we no longer have the account, after the Abbey closed it for us, for owing just over £200.00 (all bank charges!).

We have paid at least £2000 in bank charges over a four year period, and were also under debt management, with regards to pay off these charges (they actually kept my Family Tax Credits that were paid into my account.) If any one can just advise me if a) Can I still claim even if the account is closed? and b) what is the first step? (do I follow the order of the letters in the library?) Any advice would be much appreciated.

Thanks

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Exactly as in the FAQ's - you can claim back up to six years, and it does not matter when the account was closed.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Thanks for that, much appreciated, will have a look at FAQ's.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Well, I have done my DPA, already to post tomorrow. I am, to say the least a bit aprehensive, but somehow I also feel quite liberated. Hopefully my claim will go trouble free, with no major complications. I will keep you all posted of any events. Thanks and goodbye for now!

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Guest Lueeze

You'll be fine, i was the same a few months ago, now look at me!

 

We are all here to support you! (if a little busy)

 

Good Luck

 

Lou xx

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Thanks Lou,

Your words of encouragement are much appreciated. Its good that at least you can talk to people that have been, or are going through the same thing. Thanks again.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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While I was waiting to post the DPA, I had a quick look through all the statements that I have. These go back to 2002, although the charges don't actually start to incur til 2004-2005. I am pretty sure that before this period we didn't have any charges. It was only when we were going through my husbands redundancy, and tax credit mistakes that we started to incur these penalties. I have decided therefore to go with the prelim letter, instead of delaying any further with the DPA. I have calculated that with interest we are owed around £1,900. Is there anyone who send the DPA first to be on the safe side, or do I go ahead with the prelim? Thanks guys. Jayne.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Go ahead with the prelim letter. If you know the charges, you dont need to send the DPA letter!!!

 

Good Luck

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Thanks for that..will keep you posted!

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Well, here we go!

Prelim set and ready to go. After double checking through my statements ( some of them duplicates) I have found that the crafty so and so's have failed to inform me of any charges for the following month, and its only upon checking the following months statement I have come across the charges! I would recommend that you go through statements individually, rather than rely on the summary bit at the bottom of page 1. I also have a statement (again a duplicate) that lists from Nov 04 - Feb 05. This one only lists charges to be incurred in Feb on the summary, so for the months of Nov, Dec and Jan, I have charges that I didn't think I had, again just looking into the summary. God does this make sense? This has bumped my charges up from the original sum of 1953.24 to 2751.44. I'm glad I doubled checked everything with a fine tooth comb!!

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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hi there, i heard about ths website through a friend and i cannot believe that so many other people are in the same boat, for the last three months of my abbey account i have had charges accumlilating £180.. all for going into my overdraft one month by £25..and because i do not use this account (its an old student account) i didn't realise and they had the cheek to fine me a further £20 due to come out this month because it had happened the month previous?? i still have the statements and i was just looking for some advice or help in the steps i take to get even with the greedy cats!! :confused: thanks

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hi there, i heard about ths website through a friend and i cannot believe that so many other people are in the same boat, for the last three months of my abbey account i have had charges accumlilating £180.. all for going into my overdraft one month by £25..and because i do not use this account (its an old student account) i didn't realise and they had the cheek to fine me a further £20 due to come out this month because it had happened the month previous?? i still have the statements and i was just looking for some advice or help in the steps i take to get even with the greedy cats!! :confused: thanks

 

Hi Sturin,

Don't worry, the peeps on here are very helpful (and very informative!) follow their advice and you'll be fine.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Just had confirmation through Royal Mail track and trace, that my prelim has reached Abbey and been signed for. The clock now starts!!!!

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Can I assume that the bank have registered a default on my account, if I have received a debt collection letter?

I have looked through the FAQ's and the DPA but cannot find the info, sorry. If not would I have to send a DPA request to the bank for this info? (as opposed to one for statements etc). Any info would be much appreciated. Thanks guys.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Thanks Karnevil, I would just like to Know for definate before I send the LBA. Cheers.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Hi all,

just a quick update. It is exactly a week since Abbey received my prelim letter requesting a refund of the charges made to my account. I have received, this morning, the standard 'sorry you are unhappy letter, we need more time etc etc'. This is the same letter, with the same photocopied customer satisfaction letter. (obviously such is demand, they cannot get enough copies printed and have had to resort to photocopying, or maybe the cost of all these refunds are affecting the bank balance!!), that everyones else seems to be receiving. I will, however give them another 7 days, before I send the LBA, just in case they wish to reconsider refunding my charges in full. (stifle laugh!).

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Well, Abbeys 14 days are up and no satisfactory reply to my prelim. LBA on its way later today.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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  • 2 weeks later...

Good morning all.

 

I have just received a reply from Abbey to my prelim letter, dated 17th May. It goes as follows:

 

Dear Jayne67

 

Thankyou for your letter dated 17 May 2006 with regard to your Abbey current account xxxxxx xxxxxxxx. I apologise for the delay in my response.

 

I am sorry we have given you cause to complain in relation to charges totalling

£2,751.44 incured on your account over the last four years. The charges in question

were prompted bt requests for payment against insufficient available funds. As such, they are valid and in line with our Terms and Conditions.

 

After reviewing your account I have noticed Abbey no longer have any control over it or the charges. Your account has been passed over to a thiird party; Debt Managers Services Ltd and for further assistance please contact them on 013127056400.

 

I apologise there is nothing more I can do to assist you further, unfortunately it is now out of Abbeys control. Should you be dissatisfied with the outcome of our investigation, I would like to remind you that you can refer your complaint to the Financial Ombudsman Service, and should you wish to do so, there is a time limit of six months from the date of this letter.

 

It then goes on to give the Ombudsmans details. It is signed by Chantelle Esposito, Customer Resolution Manager, Complaints.

 

I received this letter on Saturday, along with, coincidentally, a letter from Debt Managers solicitors requesting a payment of 274.77. Which, of course is just Abbeys charges, before they closed my account.

 

What I need to know guys, (and I have searched for this!), is do I contact Abbey, remind them of my LBA, and ignore the debt letter, or ring the debt collection agency? Any advice would be gratefully welcomed.

 

Thanks Jayne.

 

EDIT: I think I have found my answer! I am going to write to the DCA's solicitors, advising them that the amount in question is in dispute, and also that the debt is a result of charges, applied unlawfully. I am assuming this is correct, after reading other threads, and will draft my letter tonight when I get home from work. If this is not what I should do, then again, any advice would be appreciated. Thanks.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Just received another letter from Mark Winder, in reply to my LBA.

'Sorry you felt the need to complain etc etc.....' What planet are these guys on?.

 

Looks like a claim going in for Monday........

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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  • 2 weeks later...

Hi guys,

Just a few questions regarding moneyclaim.

Does the interest statement have to be exactly word for word? I have had to rearrange some of the wording.

When you calculate Interest with the spreadsheet supplied by Vampiress, do you need to put in a date ie. does it automatically calculate interest to the actual date you use it?

(By the way, I am slightly behind with this due to the fact my computer died last week!). Anyway think i've got it right.

Thanks

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Managed to get the wording in about the interest, as quoted. Still not 100% sure about the interest but it sounds and looks right, compared with the other claims. So with all that in mind my claim has now been filed, and its just a case of waiting......again!.

Will keep you posted

Jayne

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Morning all,

Just wondering, as I am reading through various threads, do I need to send copies of breakdown of charges to my local court, or wait until Abbey defend and a court and date are allocated?? At the moment I only have a claim number, is it safe to assume it will be heard at my local court?

Thanks in advance.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Hi

I am just wondering about the status on my money claim online. It still says 'issued'. Does this update to 'served' when it has been or do I just assume that it has been served after a couple of days? Just getting paranoid now, having read through the 'court action cancelled' thread!!

Thanks Jayne

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Please note that this topic has not had any new posts for the last 730 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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