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    • what time do you have to go in today? I am wondering whether it might not be a good idea to go in with the letter of claim and if there is any mucking around them to hand it to them.   We would have to draft something appropriate.   in any event I think you should prepare an sar and take it with you and hand it to them make sure that they realise what it is. Hand it to a senior manager.   Use our sar template here.   I think that they are starting to lead you around by the nose and I think that you should take control and make sure that they realise but there is only a short time before it goes legal. A letter of claim would be the best thing to do in addition to the sar     
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
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      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
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Rich v Abbey


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your choice Rich. I went for what I had and then put in another claim once the microfiche arrived

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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I guess i'll stick in the DPA claim esp as it's only £30 to do and if they dont then pay up I can send the Bailiffs in again lol - oh that would be fun :D

 

I suspect that they owe me a fair whack as a number of years ago some months I was paying £300 per month in charges :(

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Well Pam Speed at shAbbey has really dropped the ball on this one hehehe.

 

They claim they sent my statements out on 7th June 2007 lmao.

 

Now obviously she really means 2006 but thats when they sent the 18 months and not the rest. This latest letter was in response to the ive given you plenty of time you're in breach this is your final warning so now do I write a letter back asking where she got her DeLorean from or should I just now issue court proceedings against them for the DPA breach and not sending my 6 years, also im rather tempted now to ask for more than the 6 years of statements and then break my claim down to the 6 years and then go back for another bash for the charges further back for fun

 

Suggestions please

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Just received this letter from Abbey and thought I would share it with you all.

 

Dear Mr Rich

 

Thank you for your letter dated 5th April 2007 which we received on 10th April 2007.

 

I confirm to you that on 8th June 2007 all the transactional data was forwarded to you.

 

I note that your address is not the same as the address we hold in our records and perhaps this is why you have not received the information, I have enclosed a change of address form.

 

Regards

Pam Speed

 

Anyone spot the obvious mistake lol. Unless Ms Speed has bought herself a DeLorean that is and that would explain why I have only receive 12 months worth of info.

 

I moved house in January so the different address thing is not an explanation at all.

 

Now this letter was in response to the i've given you plenty of time so 14 days and court for DPA breach that I sent so should I write back to Ms Speed and say you're full of it or just go to court in Norwich and nail em?

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Hi Rich - if it were me, I'd be tempted to just nail them, in order to cause maximum embarrassment to them. No Company worth it's salt, as it were, should be sending out incorrect and unchecked rubbish of the sort they've just sent to you!

 

I've a sneeky suspicion, though, that it may well be another one of their massive arsenal of delaying tactics!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Yeah I kinda thought it would be worth showing that in court :D think i'll just go to court theyve had their warning and just sent that out so court it is then lol

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They deserve all they get! Would be very interested in coming to the Court if it actually gets that far - live just outside Ipswich, so it isn't far!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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  • 4 weeks later...

Ok guys Abbey have responded to my SAR and sent the usual 12 months statements and the get lost for the rest letter.

 

I've sent them the LBA and their time is now well and truly up.

 

I want to now file against them using MCOL does anyone have the particulars of claim that will fit in 24 lines for filing online please

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Hi Rich you cant use MCOL for Non Compliance, it is for money claims only, did you send the SAR recorded delivery and enclose the £10? have you sent the non compliance letter? have you rang Jackie Scott in the Data Protection Department?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Really just thought it was the same as filing at your local court only online, oh well.

 

I've done everything and down to personal circumstances Abbey havehad over 12 months to supply the info, ive got the registered delivery, proof the cheque was cashed, a letter from Abbey confirming receipt on 20th May 2006 and that they would be sending the stuff out, then I have the microfiche argument and a letter rebuffing my next one and another one saying get lost to the LBA all from Pam Speeds office.

 

The latest is I moved house in Jan and they wont amend their records I sent them a payslip with my address on it and they then lost it and asked for my driving licence which I am NOT sending them after that and theyre now writing to me at my new address they really are something special ffs.

 

So do I fill in the N1 and file at the local court then?

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Hi Rich44

I would suggest you read the step by step instructions to get a clear idea of where you are and what you need to do next.

You have to take them to court if they have not conplied with the SAR request, but you can send them some letters threatening then first and send e mails telling them if you don't get a response you will send your complaints to the ICO

Best of luck

Melissa

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You missed my point, I HAVE read the step by step instructions. I have sent endless letters responding to them and threatening them I was asking whether I could use MCOL and whether anyone had a particulars of claim which would fit

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Arrrrrrrrrrrrrrrrrgh

 

Received a letter today saying they couldnt change the address on my bank account as using the details they had they couldnt find it and want to know why????

 

THEY USED THE WRONG NAME!!!!!

 

The payslip had my correct name on it, the letter I sent had my correct name on it and they addressed the latest letter to A surname instead of R.

 

Abbey are a disgrace to banking so far its taken me since January to try to get my address changed and its still not done, let alone get statements out of them. I have a new account with A+L and they changed it over the phone in 3 minutes but not Abbey oh no.

 

Complaint off to banking ombudsman as well now im sick of them the incompetent idiots!!

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  • 5 years later...

Hi everyone

 

I've just been checking my credit file and i see the only bad thing on there is from an old Abbey debt from an overdraft i disputed. Amount was for £600.

 

I see a default registered by abbey in 2007 no problem the it says updated 2009 and there's another default entry from April 2009 from a debt collection co.

 

Is this right, can a debt collection register a fresh default when they buy a debt? As obviously its 6 years this year from 2007 the original debt, but not 2009 (assuming that's right?)

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what is the default date?

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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The original abbey one is dated May 2007 for the default then says updated June 2009 next to that entry

 

The one under Hoist portfolio holding is then dated June 2007 then says updated June 2009.

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You need write to the Data Controller of the DCA andget the date changed to May is the Abbey entry marked ''satified''?

The 'new '' entry'' should be just the update to the new owners details.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Ok I think i'll let sleeping dogs lie until after June as it's only a months difference between the two dates. What bothers me most is that Equifax list this as being two separate defaults so have doubled it up to two defaults totalling £1300 instead of one for £650. So they're definitely viewing the entries as two different events. Oh i've just realised they have my name wrong on them both as well not to publish my name but as an example if my name were: Frank James Wilbur They have my name down twice as: Frankjames J Wilbur It's not much and it probably doesn't make any difference to anything but it both amused and annoyed me in that they couldn't even get that right - mind you this was from Satander (deliberate typo) formerly Abbey so no suprise there either.

 

Oh and neither are marked satisfied as they never were

Edited by Rich44
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No it is one default updated not two separate ones!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No it is one default updated not two separate ones!!

 

Appreciate what you are saying but I'm just repeating what Equifax are saying on my credit report:

 

2 defaults worth £1300. Not 1 default worth £650.

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Is the ''original'' default marked satisfied if not write to the data controller of the creditor to get it changed.

 

The move seems to be to show the original creditors entry as satisfied alongside the debt purhasers new entry the default dates must be the same.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ahh so the original entry should be marked satisfied as they've sold it and effectively been paid for it and the active one belonging to the dca.

 

Given its about to be 6 years do you think I should just leave it till June and let it drop off my file? Anxious about potentially making things worse.

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Depends on how they are chasing you. Personally i would wait. Also remember that the actual default date could be up to 6 months before the default was registered ( as long as you havent made a payment and you havent acknowledged the debt in the last 6 years.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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This happened to me. The OC defaulted me then the debt collector defaulted me a few years later for the same debt. I contacted the credit reference agencies and queried it. They said I was correct and it should not be there and removed the latest one. They also informed the other agencies and they removed theirs over the next few months. It's all long dropped off the credit file now but if I had not asked about it, it would still be there today.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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