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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     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.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Glennyboy v Abbey


glennyboy
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Well, ITS STARTED!!!

S.A.R sent 05.03.2007 with fee.

Thought I'd do a sneaky and order online as well , just in case it was purely automated. Got a reply from Antony Turbitt saying information no longer held on our systems, send £10 for multiple statements blah blah.

Paid another £10 in branch on 21.03.2007.

Started to use my parachute account at Nationwide (who owe me loads, but I know they will close me down in spite, so I'll leave that as a little savings account!).

Abbey have now withdrawn my overdraft and want £3000 on the 1st April. Nice, after 15 years of loyal service.

Got one years statements today , all in seperate envelopes,, with the usual rainforest of advertising. One years charges come to £745, so another five years will reduce the debt nicely.

 

Do I need to state that I am in dispute over the account to avoid default when I cant repay the overdraft?

 

Glennyboy

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I think so glenn!

 

There are template letters try looking for threads from karnevil or even send a private message to bankfodder himself there have been letters sent before regarding accounts being closed when in dispute which cover all the angles...

 

I'll go have a look for you now and post any links I can...

 

best o luck

maz

 

Hope

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There a sticky posted by garyh i think whihc sets out some details for making certain that the bank knows the account is in dispute.

 

I think its in the lloyds forum.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks folks. Good to know that I can rely on somebody who has been there. These b**gers really know how to play the game. Shame they don't look at how much they are throwing at legal firms just to settle at the eleventh hour.

 

Well I like being there at the end!!!!!

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I think that you can also complain to the ombudsman about this action as it appears to be a punitive response to you taking action against them. I think that you should seek further advice on this. I am surprised that they withdrew your overdraft so quickly. Good luck with your claim.

 

karish

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Thanks Karish

 

Don't want to rock the boat too much. Was thinking about going back to Abbey when I go for Nationwide, who are whacking me , large,for unlawful charges at present.

This is all such a juggling game. :(

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Thanks for that. I have sent the following. Should put them in a nice little catch 22 of no repayment of charges-no repayment of overdraft.

 

Up to them!!

 

 

 

 

Dear Mr/Ms Surname

 

ACCOUNT Number ** ** ** ******** IN DISPUTE

 

Thank you for your letter of **.**.07

 

I have noted the content of your letter and please be reminded that this account is in dispute. As soon as the outstanding issue of unlawful bank charges is resolved, I will revisit your concern.

 

Yours sincerely

 

Glennyboy

 

 

user_offline.gifreputation.gif vbrep_register("664016") report.gif

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  • 2 weeks later...

Just had a phone call from Abbey demanding to know what I am going to do about repaying the overdraft they have withdrawn.

I told them I have informed them the account is in dispute, they owe me charges, and haven't supplied full information yet.

Without knowing what they owe me, I can't budget to settle the remainder.

Snotty Sandra said my complaint hadn't been registered (despite being sent recorded delivery on the 30th March) and they would default the account.

I said you can't, its in dispute.

She said we can, because I admit that some of the overdraft is not made up of unlawful charges.

She refused her second name saying"I don't have to tell you that".

I told her that in that case I don't deal with anonymous people and in future only contact me by letter.

I told her I'll see Abbey in Court with a record of this conversation.

Fully expect closure of account now!!

They have wound me up a treat first thing this morning, but they ain't gonna wear me down !!

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Just keep on going. I had a letter from them today reducing my overdraft by £900. I dont have the £900 to pay so they are putting me in a postion whereby I will start incurring charges again. I have not had any charges since I took control of my money and moved to a parachute account so I am quite upset about this. I am just going to write back to them with similar information that you have given. I will just add the charges to my final total when they settle. We will all get our money back if we persevere. Its our money after all.

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Well, I have now been contacted by Alan Betts, Head of unsecured borrowing.

They are boring me now!!!

They say they haven't heard from me and the situation hasn't been resolved and what am i going to do about the unauthorised overdrawn balance. If I want the overdraft service that they provide to continue, I must clear the overdrawn balance. EVEN THOUGH THEY HAVE TAKEN THE OVEDRAFT AWAY.

He also says information goes to credit agencies, but no mention of putting me in default.

I am now going to fire off a reply to the effect that I have contacted them on numerous occasions and one department doesn't seem to talk to another.

 

I'm going to fax it and send recorded.

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  • 2 weeks later...

This lot are driving me nuts!!!!

 

21st April - Got a letter from Samantha Forest noting my charges dispute and recommending I contact the Debt Management Team rather than wait for the charges issue to be resolved.

 

23rd April - Got a letter from Alan Betts, Head of Unsecured Management, telling me that as I haven't come to a suitable payment arrangement ( even though its all my money!) all payment arrangements, direct debits and other banking services linked to this account are now cancelled. I will be charged interest at the unauthorised overdraft rate.

Got to return all cheque books and cards etc. If I don't return within 7 days further action will be taken which may involve a field agent being sent to recover them. And they will charge me £45 +vat for the priviledge.

I have phoned them, and they say that my dispute has been noted, but it will take up to 18 weeks to sort out and in the meantime I need to clear the overdraft. They say that at this stage they havent closed my account, although its not worth a light now anyway.

 

On top of this I have still not had all my transactions yet. They have just sent me a spread sheet of charges from Jan04 to Dec 06 with the rest to follow. This spreadsheet is extremely skimpy and does not show interest that I have been charged. I can't see how I can work anything out.

 

This is so frustrating. How do they get away with it?

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  • 1 month later...

I have now been contacted by Debt Management and Recovery Services of Milton Keynes.

 

They state that they want immediate payment of debt totalling £3,106. This is in spite of the fact that I have been contacted by Abbey, who state they are looking into my complaint, I am a valued customer blah blah.

 

I have sent three letters , all clearly stating this account is in dispute.

I thought they couldn't do this until my dispute is resolved??

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  • 4 weeks later...

Have finally been contacted by Ashleigh Evans ( Senior Customer Resolution Manager). She apologises for delay in contacting me, believes charges are fair and offered £200 as goodwill gesture.

She has explained how to get details of my charges, even though I have submitted these with my Prelim and L.B.A She also suggests i contact the debt operations department because I am claiming that my account is in dispute. I have clearly stated this in every letter I have sent to these clowns.They have withdrawn my overdraft, passed my details to a debt collection agency, placed a default on my record, and constantly demanded payment even though every letter states In Dispute.

 

I have had enough and now preparing my first ever Court Bundle but am a bit confused about it and don't want to cock it up.

 

Do I complete an N1 form and add it to the ( revised to match my circs)bundle?

 

Where does the Claim number come from to put on it?

 

Do I hand it in personally at Court,with the fee, and send a copy to Abbey?

 

Sorry if I seem a bit thick, but the thought of Court scares me stiff !!

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  • 5 months later...

Well this matter has been sitting on the back burner for a while. This is mainly because of the High Court Action regarding charges. I haven't submtted my claim to the court yet because I know everything is on hold. I have however contimued to pay £50 a month in an attempt to lower the debt.

 

I have had regular letters from BEBT MANAGEMENT COLLECTION (part of ABBEY) demanding repayment even though I have told them I am in dispute over charges.

 

I have also heard from RICHARD HARRIS, COMPLAINTS DEPARTMENT, saying that my claim will not be looked at until a ruling from the High Court.

 

have replied stating that in that case I will not resolve my overdraft issue for the same reason

I have now received a letter from A company called MOORCROFT, PRE COURT LITIGATION SERVICES , demanding I repay the lot.

 

If they take me to court, can I cite the fact I

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  • 8 months later...

Bump

 

I have now been contacted by Abbey , in August,again explaining their position regarding my claim and the ongoing High court case, saying its all on hold until the case is completed. HOWEVER, I am now being pestered by WESCOT ,at the same time, who have now sent a final notice threatening Court action at Hull County Court for the full amount .

 

All my correspondence to Abbey clearly states IN DISPUTE. Can Wescot get away with this or is there a template letter to send them???

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You can send a letter to Wescot, telling them its in dispute.

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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