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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
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pamhegs v Abbey


pamhegs
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because no one has posted on it for the last 6143 days.

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Please click the "Report " link

 

at the bottom of one of the posts.

 

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Thanks

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yesterday got home went onto internet banking should have been £45 in it instead i was overdrawn £171 rang abbey to cut a long story short basically they have taken my debit card cheque book etc off me upped my overdraft to cover the charges which they have caused and have to pay it off at £65 every 4 weeks. I HAVE TO HAND THEM INTO THE BANK ON FRI

sent the first letter asking for my statements back on the 6TH march with a £10 postal order they got it on the 7th although i can't grt a copy of the signature i have printed off the proof of posting. and

Shall i give them another £10 postal order and letter by hand when i hand back my things to them tomorrow and make sure i get a reciept. i also told them that all by income is benefit and they can't take it for charges and they said they will allow me to have some money to live on because the amount they have taken takes all of my benefit for the next 21/2 weeks.

any ideas please or advice would be gratefully appreciated.

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LOL Nik, I have answered this ont he duplicated thread, funnily enough with the same link, you are stalking me again arent you ;)

 

I have also asked that this thread be removed (before you answered it) so that there is no repetition, hesitation etc etc LOL

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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swhat on earth did I say that was libellous?

 

scratch that it was the thread title

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Guest Niklowe

And I thought it was me Lula. I couldn't think for the life of me what I'd said that was libellous!

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  • 1 month later...

hi all

today the bank has basically closed my account. cancelled my O/D.

i failed to give them the £65 i had agreed to come off my O/D.

for months i have been living on hardly anything well the bank upped my O/D to cover my next lot of charges. but as they were taking most of my benefit (which i didn't realise they wernt allowed to do) i got into a complete mess. i had to use the money for some bills and i did a big food shop (which felt great) i don't suppose i'm allowed to claim these charges they are charging me 27% unauthorised O/D rate

any advice would be appreciated. i about to send them the LBA letter.

y

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  • 4 weeks later...

hi i'm just filling in the n1 form and am stuck on the part

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 19/07/2002 to 29/05/2007 of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

can someone help please ?

i am claiming £2398.00 (thats without the interest added)

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could some one have a look at the post above and see if it looks correct as i am about to start the court procedure on tuesday it's the daily rate i'm confused with

many thanks

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  • 3 weeks later...

hi

i filed in court on the 31 may 2007 and recieved a copy back with deemed to be served on 02 june then another letter came acknowledgement of service 05 june

the defendant has 28 days from the date of service of the claim with particulars of claim to file a defence does that mean from the 2nd june or the 5th june ?

also letter from bank saying no to any refund as in the past they have refunded some charges.

what happens now do i start preparing the court bundle yet

any advice would be appreciated

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  • 2 weeks later...

they have defended today with a 65% offer shall i now accept this offer and tell them i am carrying on as i want the whole amount back. and also which letter do i send as there are a few.

it seems like the basic defence

 

as a matter of goodwill and without any admission of liability on abbeys part .

abbey will offer to pay you 65% of your claim £xxxx. This will be in full and final settlement of your claim.

 

also the letter is headed "without prejudice".

 

also is it possible to amend a clain now it has reached abbey defending,

as it is abbey are now charging an unauthorised o/d approx £ 100 in 2 months

is it possible to just add the unauthorised o/d interest from when they took all my services off me because the way it is going and the amount they are charging by the time it gets to court ill still owe them.

they have offered me 65% of my money today which is £1738.35 and at the moment my o/d is 1337.04 and steadily rising please help.

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Hi there

 

This is the link for rejecting offers:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Letter 5 or 6, depending on who sent you the offer ie the bank or the legal team.

 

As far as I know, you cannot now claim Contractual Interest - o/d interest - at this stage. In order to claim CI you have to state it from the outset, ie in your Preliminary request for payment and thereon. Sorry about that.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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just a quick question since filing in court abbey have added 2 more charges when i send them the rejection letter do i tell them i have now added the new charges to the ammended spread sheet or am i not able to add them i.

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If you are not using the account at all, change any benefits to another account, and ask the Abbey National to freeze that account, and make a payment Arrangement of £5 a month. You will need to send them an income and expenditure list to tally showing that you barely have £5 spare a month after paying bills.

 

You can change the amount you are claiming, and as you are on benefits you may want to concider doing so as you are probably exempt from court costs anyway (via an EX160). but you have to ammend it through the courts, by filing a (think its a N244)I am sure someone else will come along that can tell you th pro's and cons of changing the amount you have claimed, but i suspect that this may be better for a second claim.

 

I started my claim for similar reasons to you, but managed to get my account passed to a debt collection agency, which stopped any further charges being added. I think there are template letters on the national debtline website that has letters asking them to freeze your account.

 

I am sorry if its not the answer you wanted to hear, but its what i would do, get the account frozen, continue this claim, then file anothr claim after you win.

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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