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    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • why are you stuck with them?   do you not understand what i posted above?  
    • 😔 looks like im stuck with them. I am a bit wiser to this kind of thing now. Fingers crossed that something will change! 
    • Travel companies are concerned that providers of pre-holiday PCR tests are profiteering.   https://www.theguardian.com/travel/2021/apr/09/airlines-warn-that-the-cost-of-covid-tests-will-stop-people-going-abroad?CMP=Share_AndroidApp_Other
  • 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
      • 32 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
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40bear v Abbey ** SETTLED IN FULL **


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Hi, I have just read an article in local paper about guy getting charges back from Nationwide which spurred me to join this site. Fortunately, I am a sado who has ALL my statements dating back to 2002 and from that I have calculated charges totalling £875.20. I have sent my first letter to Abbey requesting repayment of charges from 2002 using the template in library. I will wait patiently for 14 days....wot do you think my chances are?

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Please can you post to this thread - I have moved your post as you had posted within another users thread. It makes it a great deal easier if cases are kept apart.

 

All the best with your claim - you seem to know what you are doing. Keep us posted of progress.

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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  • 2 weeks later...
:D :D An update. LBA (2nd letter) being sent tomorrow as only received standard letter from Mr Turbitt. Provisionally calculated £1396 owed from 2001 to date. Getting quite excited now!:p
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keep us posted :D

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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Update - received 3 copies of same shabbey letter from Marc Winder - Milton Keynes!!! Received letter from Lesley Budge - Milton Keynes usual fob off if I wasn't happy with terms should have said so etc etc. Interesting that she points out the OFT reported unfair charges are in relation to credit card defaults and NOT overdraft!! Basically,Lesley Budge aint budging ha, had. LBA was sent to Anthony Turbitt - Bradford on 3/6/06 have til 17th then will be looking for help processing my claim. I won't respond to their letters and will stick to my timetable.:rolleyes:

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Right I am preparing my moneyclaim as today is the 14th day after LBA and usual flow of standard letters from Abbey. Just a few questions (and yes, I have studied the FAQ & forum!!)

I am coping the template claim (from experience will this fit into the box online?)

My husband & I are both defendants so is this still an individual claim?

The total cost of charges applied. Is this the total of penalty charges and general interest on account? i.e. add both excel total columns?

Sorry - like everyone else want to get it right!

Thanks v much (your share of my refund is on it'sway!!!);)

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Processed Claim No 6BE01522 at Bedford County Court served on 22/6/06 to Abbey for £1470.08 includes £120 court fee. Have just received statement with another £265 of penalty charges which I will be adding to this claim. Successfully opened a Barclays account and transferring all business over.

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It will cost £35 to amend your claim - the alternative is to wait until they reach the settlement stage, and ask that they refund the extra £265 as well. If they refuse then issue a second action.

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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  • 2 weeks later...

Received acknowledgement of claim from Piper Rudnick Gray Cary....usual blurb. Para 2 .."you have claimed the sum of.....,but provided not details as to how this sum has been calculated. You have also claimed a further.....by way of interest..." Para 3 "...you will need to produce evidence to the court of both amounts and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us...."

???? Do I send them a copy of my Excel spreadsheet of charges.

???? Should I have submitted the spreadsheet with my claim. Thanks for your help.:confused:

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Just send them a copy, and one ot the court. It is no major problem but keeps them happy.

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 quick response. Can I also inform DLA & court of the additional £295 of charges which came after I submitted my claim? I have included this amount recently on my spreadsheet but details came after my calculation to Abbey via Court. A moderator did suggest that I ask for this additional amount to be considered should I receive an offer.

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I would wait until they start to talk about settling, at the moment you just need to give them the information relating to the amount you have claimed.

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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Hi, received an acknowledgement from Abbey confirming they are defending claim. Also, posted off my breakdown of charges to their solicitors. Have closed Abbey account and they are requesting full payment of outstanding charges of £1600. Can I withold payment pending outcome of claim? We don't have the money to pay them anyway so can installments be negotiated?

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Thanks for that, had already decided NOT to pay up!! as have read through your blog and others in similar position. Have you seen article in Daily Mail today p45 'Bank charge refunds are put on ice by the courts'. Looks like any new claims could be squashed......get in there quick is my advice to others!!!:)

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:D Received 50% offer from DLA. My claim was £1470.08 in total. They have offered £629.94, plus interest £45.10, Court Fees £120 and quoted their final offer as £1424.00. HOWEVER!!!!! IS THIS A MISTAKE????? Although there are £295 additional charges since I filed my claim that I was going to ask for. If they have added up their 50% offer incorrectly are they still legally bound to give me the amount stated in their letter. Also in their defence No.7 they state "The claimant has failed to provide particulars of the dates and amounts debited to the account...." I did sent the spreadsheet to DLA and the Court so that's a load of B******. Appreciate your help.;)
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DLA have clearly recognised their offer was incorrectly calculated and are prepapred to offer the usual 50% of my claim. Emailing back to them to sau 100% or c u in court!:lol:

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No haven't sent AQ back - should I have done???? Will check through what next stage is......possibly they will offer me the full amount having read through the FAQs.....:smile:

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  • 2 weeks later...
  • 1 month later...

Been silent for a while. Allocation Q deadline was 11th August and heard nothing from the Court. DLA have sent a reminder of their 50% offer which I ignored. Wot now? Should I start making noises again???

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  • 1 month later...

Receiving correspondence from Allen Betts now stating their Abbey intend to register default information. I telephoned Debt Management to confirm we had written back twice and surprise they say they have no record of our correspondence (one of which was an email!!!) They also were totally unaware of the outstanding claim against them. Any advice???? :?

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Thanks, already told them and the "not very helpful Abbey person":D didn't seem to care! More interested in telling me that "I need to make arrangements to pay off the outstanding overdraft" - I don't think so!!!!!

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Ho,, ho it's off to court we go. Got a date for 15/11/06 at Bedford County Court at 2pm (anyone free to support????) Also attached was a letter stating briefly "that the court has identified a number of cases and considering allocation to track...will be listing cases involving the same lending institution at the same time so one rep can attend"!!!! Interesting.....also.... separate letter saying having have changed solicitor and Abbey will be acting in person.....anyone else know about this.....time to prepare case. Any guidance on my blurb to ensure a WIN!!:grin:

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"District Judge Wilding has decided that a hearing is necessary before a final decision of allocation can be made.....court needs to identify whether case is suitable for fast track" Notice of Allocation or Listing Hearing so not sure what is expected!!

2pm on 15th November

at Bedford County Court,29 Goldington Road, Bedford MK40 3NN

close to Bedford Blues Rugby Club

very easy to find and a car park opposite!!!

ALL WELCOME to Durcan vs Abbey

:lol: :lol: :lol:

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style="text-align: center;">  

Thread Locked

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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