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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
  • Our picks

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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