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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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Akaysha

Akaysha V Abbey

style="text-align:center;"> Please note that this topic has not had any new posts for the last 219 days.

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I sent dpa request to abbey with cheque for £10 on the 14th May and I don't exceed my overdraft facility but i have received the following letter, is this a standard threat?

 

Dear XXXXX

 

We've noticed that you're having problems with your Abbey current account and wondered if we can help?

 

Call 0845 600 1659

 

We're happy to discuss any concerns you have, or run through your options if you've had a change in circumstances. Just give us a call on the above phone number or visit your local branch.

 

If things stay the same, we may have to withdraw your overdraft. Of course, if this is necessary, we'll let you know in advance.

 

Yours sincerely,

 

Cathy Robertson

Head of Customer Service, Banking


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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I suppose if you are within your overdraft limit, and they are saying they are going to withdraw it, then to me it sounds like a threat, in the light that they will have received your DPA.


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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Whats the date on the Abbey Letter??? It might have crossed over.

 

Do you still get money paid regularly into Abbey.

 

If these aren't the reasons I would ring them and play bloody hell as to why they are considering removing the overdraft when the circumstances have not changed.


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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The date just says May 2006, but if you think i should call them then i will, thanks for everyones help. It is greatly appreciated.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Help

 

 

 

MODERATED please keep to the one thread for each claim


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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help how ? what is the problem ?


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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What address do i send the prelim letter to, would it be their head office in London?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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send it to the name and address you got the reply from


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I can't send it to Pam Speed at Bradford? Because i want to send it registered post and i only have a po box address.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Sorry never realised your reply was from a PO box .. yes send it to head office in London


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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You can send a registered letter to a PO Box, also Recorded Signed For letters. I sent my LBA to Abbey at Milton Keynes who use a PO Box number and this is the biggest office Abbey have in the UK.

 

Janey


Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

http://www.consumeractiongroup.co.uk

The Consumer Action Group

Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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If its any help I have an address for Pam Speed, have sent recorded delivery letters to her which she has received. Im at work at the moment but can post the address tonight.

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Sorry for delay in answering but i was away due to work reasons.

 

I eventually sent it registered to London Head Office, i now await their response.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Have received this letter through the post, can someone help me by directing me in how to respond or how to adapt the LBA etc, please help

 

 

Dear XXXXX

 

Thank you for your recent letter, which was passed to myself to investigate. Please accept my apologies for the delay in my response and allow me to take this opportunity to thank you for patience.

 

I am sorry we have given you cause to complain in relation to charges incurred on your Abbey Current Account, XXXXX XXXX.

 

I have carefully considered the pints you have raised, namely that you feel the charges are contrary to the Unfair Terms in Consumer Regulations 1999. The fact remains however that the charges in question were prompted by payment requests against insufficent available funds. As such, they are valid and in line with our Terms and Conditions. Furthermore, having reviewed the history of your account, i can see this is not the first time you have incurred charges.

 

I note you say you are unhappy with the charges you have incurred over the last six years. If you felt at any time the charges were unfair or incorrect, then the matter should have been raised at the time.

 

We do not feel that Abbey's charges are unfair under these regulations. When you opened the account with Abbey, you were provided with Terms and Conditions that detailed the charges that become applicable should you breach the terms of the account. Abbey is up front and transparent about all its banking charges as set out in the tariff of charges.

 

Abbey's Current Account is good value and our charges compare fairly with other Banks. For most people, banking is free and they do not incur charges.

 

If the complaint escalates into a claim in the County Court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the Terms and Conditions.

 

I accept that you did not set out to incur charges. Ultimately however, it is your responsibility to monitor your account and ensure there are sufficient funds in your account at all times. As such and given the above, I do not feel that a waiver of charges is justified. The charges in question therefore stand.

 

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. I enclose a booklet explaining how to take 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.

 

Yours sincerely

 

Kirsty Goodson

Customer Resolution Manager

Complaints


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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I agree.

Stick to YOUR timetable. They will try to confuse you at every step.

 

Good luck


;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Firstly thanks for the quick response and in the LBA do i just delete the line that says they haven't responded?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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You could do that or you could indicate that the response you have received is a standard reply and not personalised to your situation.


;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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LBA sent recorded delivery on 24th June 06


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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It is now the 6th and i have still had no further response from Abbey since sending the LBA, do i still go and file a claim on the 8th and what do i write i'm really worried as i have never been to court and i am afraid that my incompetence will blunder my claim.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Bump!

 

HELP ME MODS PLEASE!!!!


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Akaysha

 

below is a link to the FAQ's it is full of excellent advice and also the order and reason that you must do things, hope this helps and good luck, it is frightening but dont let the bastids intimidate you , whose money is it???

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Yes, it's moneyclaim time.

 

Register at moneyclaim and start to fill in the form. At any stage you can save it online and then go back and amend what you've already done or carry on. Make sure you note all your log in details so you can go back to it

 

If you get stuck, post here.

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Ok stuck, didn't take me long to get stuck.

 

Does or will your claim include any issues under the Human Rights Act 1998?

Yes No

 

 

Do you want to reserve the right to claim interest?

Yes No

 

Also how do i incorporate the amount i'm claiming, i have used the text from here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-guide-notes-completing-moneyclaim.html

 

but i don't understand this bit 'Do the s.69 county courts act interest statement plus calculate that on the lot incouding on their interest that they have deducted from you'


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Does or will your claim include any issues under the Human Rights Act 1998?

Yes No

No

Do you want to reserve the right to claim interest?

Yes No

Yes

 

Particulars of claim: This may need tweaking to fit

 

Claimant has account (A/C No) with Defendant from (Date of opening a/c)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of first charge) to (Date you submit claim) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p This is the amount you're claiming multiplied by 0.0022).

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(£0.00p This is the amount you're claiming multiplied by 0.0022).

 

What do i put in this area?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 219 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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