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French v. Abbey (3) - Into the breach once more my friends!


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I heard that Jules :D You're just jealous PMSL ;)

 

.

 

Hey, i could have her if i wanted her :cool:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Corrrrrrrrrrrrrrr!!!! Can I watch and even join in....... this could be fun! ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well..... a little shock in this mornings post.

 

It was my N1 forms returned with a cover letter saying that my claim is out of date and that a claim must be within 6 years of the reason for the claim!

 

Well..... again!.............. I went back into Court an hour later armed with the Statue of Limitations Act 1980 and asked to see a Clerk, preferably a Manager. I went into a private room and very assertively but nicely asked where in the Statute does it say so! Usual expected answer and I then (nicely) asked if she was legally trained? She said no and I then "educated" her as to Section 32 (b) & © and the easy English layman breakdown of what it means. She was still a little adamant until I reminded her of her depts obligations that they are there as a service and not an Authority. That is the Judges domain and not hers. I think she saw the light then and stutteringly came out with in her defense that they have to advise us of the consequences or problems of any actions brought. Hmmm...... don't you think I/We have done the homework? :rolleyes:

 

Anyway, claim now back in with the Court with a promise that it won't get sent back again! :p

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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you big bad bully Frenchy lol

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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  • 2 weeks later...

I think I already know the answer to this question....but what the heck, it's a useful question to answer.

 

Hypothetically........

 

If you claimed your charges back say a year ago and were successful with only the 8% stat interest also applied and was settled.

 

Could you now go back to them following the section 32 (b) part stating that they must never benefit financially from unlawfully taking money from an innocent party, I could apply to the Courts to recover the compound contractual interest that would have been gained in the eyes of mutuality and reciprocity and deduct what I had already "won" from them in that claim?

 

Just a thought after all, we didn't know at the time about Section 32 and their refusal to disclose the information asked and the consequences of the law of Mutuality.

 

Love to know everyones thoughts and even those of a more legal nature.

 

Cheers ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I dunno Frenchy, i think that a judge would call you greedy, I am really not sure on this one, but my guts tell me that it is a non starter - sorry to burst your bubble hun

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Tes you're probably right on that front.... once a claim has been settled in full... that's it! :(

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ooooooooo.... found even more statements going back to 1996!! Oh JOY!! :razz:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I knowwww..... can't help myself :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Received shAbbeys defence today :rolleyes:

 

Same as all my others including the denial that I cannot claim past 6 years.

 

Here we go again invoking Section 32 (b) & © and interestingly they are not challenging the CCI level 8-)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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oooo well in that case we shall compare defences as my is due soon, again unauthorised 28.7 SOL and all so we shall see

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ok....watch this space then and I'll inform you of my AQ arrival and send/post my draft AQ up here for comments et al. :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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well it should be fairly similar as we have the same sort of claim, poc's etcedtc lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Frenchy, what did they actually say about Breaches? was is EXACTLY the same as the last two, you know why i am asking :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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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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Will re-read the section regarding breaches and report back...... thanks Lula & Noob! :grin:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Nope everything above board....

 

They haven't shot themselves in the foot on this one. Their defence is based on Limitations Act and that they are not charges but fees(!) Quite what the difference between the two is beyond argument.

 

No this one looks simple to deal with. ;-)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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It seems not....... it's like shooting ostriches!

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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