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    • Hi Packers,   DX makes a good point and it would be well-worth your while checking to see if you initially joined for a 12 month minimum period, as opposed to a rolling monthly agreement.   If it was the former, we'll probably recommend you reclaim any DD's paid by the bank beyond the initial 12 payments.   Check as best you can and let us know.  
    • Where can I go by bus or any other public transport? Or is it obligatory to use only special transfer? 
    • Do I send the solicitor a CPR 31.14 form  Or just a letter saying the limited company does not exist so no one to sue
    • are we getting there now .thks DEFENCE  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. the claimant replied to a request made under a pre action protocol   letter of claim  and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 )request made   on 19/11/2018 the reply contained  incomplete reconstitutions and with  with documents missing from the list in my request a cpr 31.14 request was made to the claiments solicitor on  02/06/2019 which the claiments solicitor has refused stating cpr  31 does not aplly even though no track has yet been allocated  1- The Claimant claims £657.10  is owed under a regulated loan agreement with  money in advance r. I did not recall the precise details  and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 2-the  Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or  money in advance  3 The claimant has produced  a reconstituted version of  the original agreement , it is considered that this is not a true copy of the executed agreement as it is the claiment has yet to  produced a copy of any legal assignment of this debt 4 It is therefore  not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has reached the amount claimed for  b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  d as  per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.
    • There's a difference in buying a car privately or at auction, and buying one from a retail seller, regardless of the price. buying from a dealer you have certain statutory rights as a consumer, and you pay a premium for the supposed benefit of buying from reputable source.    An engine management light could be a minor problem, the issue here though is that the seller delivered the car with the light on, then dumped it and made a quick exit, that gives a fair idea of his attitude to customer service. If the engine management light came on while the car was in the process of being delivered, any reasonable seller would have told the buyer the light had come on and taken the car straight back to sort it, not done a runner and hoped the customer wouldn't notice.
  • Our picks

    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
boatgirl

Bring it on... BG V Abbey * WON *

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Having spent a year paying off a managed down overdraft because the abbey wanted to charge me nearly £700 in charges in one month (4 cheques written to the same person which were cashed and failed several times in succession and subsequently charged over £100 each time, by the time the abbey got round to telling me about it they'd made themselves a tidy profit) I've decided enough is enough. The "kindly" waived one lot of the charges at the time, leaving me with around £550 as an overdraft. As anyone would, I just accepted it at the time as there being nothing I could do about it. Apparently I'm wrong on that count. My other half has just had his moneyclaim settled with HSBC for the full amount, and now I want my money back. I've been through my online banking and there are around £800 of charges going back over the past year. I've had my account with the abbey for nearly 3 years, so I'm reckoning there will be around £1500 of charges when I add it all up. I sincerely hope it goes to Small Claims so I can add interest on, that'll take it up to the £2000 mark by my guesstimations.

 

I'm terrible at saving money, so I'm now considering this to be a savings account I never knew I had. I've opened a new account with the Co-Op already, who I must say have been a breath of fresh air already. Just speaking to someone whose first language is English is a good start. My abbey account is now only still open so they can pay my money into it, then they can wave goodbye to yet another customer.

 

I've got as far as requesting statements, I'll keep you all updated on how it goes.


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Good Luck BG.

 

Hope it all goes smoothly.

 

Neil.

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Well, today they've taken the £10 from my account for my statements. I await their arrival with baited breath!


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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quick question - I've been charged interest on the managed down overdraft that they set up purely so they could charge me their stupid fees, can I claim this interest back? Only amounts to about a tenner, but still...


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Boatgirl,

 

You are able to claim for....

 

Bank Charges

Overdraft Interest caused by the taking of these Bank Charges

 

However, most people (i think) are not claiming for the additional OD interest as it is that money that is a reasonable cost for handling these 'occasions'.

 

IMO, i would only claim for the charges.

 

Neil.

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just called the Abbey to chase my statements, they tell me they should be with me within 15 days of when they received my request, so that means within the next week by my reckoning. Although I'm also reckoning that they're just picking numbers out of the air. But nonetheless, this deadline has been duly noted and I will be calling back on day 15 to find out why I haven't received my statements :)


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Amazingly did receive my statements on time, well, all but 2, but afaik there are no charges on those. Sent my initial letter a little over a week ago, LBA being sent on Thursday...


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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I'm just writing my LBA, is there a specific address this should be sent to? The address on my statement for contacting the Abbey is

 

PO Box 382

Prescot Street

London E1 8RP


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Claim filed today for £1494.52 reference 6QZ44328. I'm crossing my fingers now :)


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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So over the weekend I received a letter from Jasmine Meynen, presumably sent before they received my court papers, or they're just ignoring the court papers so they can drag their feet and apply to set judgement aside later down the line, here's a few snippets...

 

"I would like to confirm, the recent Office of Fair Trading announcement was in relation to Credit Card default charges, and no overdraft default charges or to other products, such as Bank Accounts. This means our Tariff of Charges continues to apply.

 

Our terms are valid...

 

If you complaint escalates to the County Court we may close your account...

 

However, having carefully reviewed your situation at the time, I am satisfied the charges in question are attributable to circumstances beyond your control as opposed to negligence or willful activity on your part. As a one-off gesture of goodwill, I would be willing to waive the charges £55.00, in full and final settlement of your complain.

 

This is my final resolution letter...

 

If you wish to complain to the Financial Ombudsman..."

 

And a letter for me to accept the £55. Are they joking??? My claim is for nearly £1500, why in God's name would £55 be acceptable? If these charges are for "circumstances beyond my control", why not refund all of it as a "gesture of goofwill"?

 

Pah. Anyway, what I want to do is to write back to Ms Meynen informing her that my deadline for resolution has passed and papers have already been filed at the County Court, sent special delivery so that when they try and claim they didn't get the papers I have evidence that they were informed of the Claim details well in advance of the deadline. What do you guys reckon?


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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bump, can anyone help with the above question? Would it help when it comes to setting the judgement aside?


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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I'm hoping that should they try and get judgement set aside, I'll have a leg to stand on with my argument that it shouldn't be if I send them a letter, perhaps including a photocopy of the papers that have been filed :)


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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why wouldn't you be able to? I can print off a copy of the form from the website and send it to them to ensure they have all the necessary details to defend their claim :) A "gesture of goodwill" on my part, to ensure they don't end up having a judgement against them because they didn't receive the necessary papers ;) I'm just trying to avoid the age old "we didn't know about it" defence when they ignore it and I enter judgement. On the claim you can print off it says "for reference only" or something along those lines.


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Hi BG, aren't your 14 days up now then? Can't you apply for a judgement?

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26th, so not long now, but I'd rather they acknowledged it so that I haven't got all the set aside nonsense to go through, it seems to be their stalling tactic of the month! :)


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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True, it does, I filed my N1 today at my local court so I am expecting/preparing for the worst anyway:rolleyes:

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Well, I never got round to sending the letter yesterday, but this morning I got letter one from DLA Piper, asking for how the charges and interest were calculated. I have dutifully forwarded my spreadsheet, evidently they are in receipt of my claim, so at least I won't have the extra hassle of a set aside hearing.


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Strange, my claim was acknowledged within a couple of days.

 

Good to see they have a standard procedure for all the claims coming in.


1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Mine was acknowledged today, so now they have until 9th August to enter their defence. What happens from here, what should I expect to receive next?


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Sounds like you sit and wait! I am sure someone will come and take a look for you. Hopefully it wont be too long now before you get your money back.:)

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Once they have acknowledged, there isnt much you can do now.

 

With mine, they then 'filed' a defence about a week before the 28 days was due to end and I received their defence with the 50% offer a couple of days later. I have replied to their offer (yesterday) so I await the final (fingers crossed) letter now.

 

It seems that once they have filed a defence it all seems to go through quite smoothly.


1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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excellent news, I reckon it can only be a few weeks now til I get my money back. I could really do with that cash at the moment, I can't wait :)


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Surprisingly I got my copy of the defence and 50% offer yesterday, nearly a week before the deadline! Maybe they're starting to accept that delaying tactics aren't working and are just costing them more money. So I'm just about to write and turn it down :) Is there a template for this, or should I just say thanks but no thanks, I want it all?


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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OOoooo its getting close now for you BG, Abbey have acknowledged my claim in court, awaiting defence/judgement now. Fingers crossed for you :-)

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I sent an e-mail and letter back to DLA a week ago stating that I would not accept 50% and that only 100% would be sufficient to settle my claim out of court. I also completed and returned my AQ, as my claim is under the £1500 limit for the fee. How long do they usually take to offer the full amount? They have until 23rd Aug to file the AQ.


Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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