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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Taking on Abbey **WON**


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Hi Everyone

 

Just posted in the Welcome Forum and was advise to post here so others track my Abbey battle. By the way thanks for the reply.

Basically I sent the first 2 letters to abbey with no satisfactory response (in both replies they asked me to wait 4 weeks for them to look into my complaint!). I did not wait the 4 weeks and so now on Tuesday I filed a claim with Moneyclaim online for £8758.65!!!!!!!!! including costs.

 

I am wondering if anyone else has taken on Abbey with anything near this amount and if so how did things pan out?

 

By the way this is a great site

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Hi Everyone

 

Just posted in the Welcome Forum and was advise to post here so others track my Abbey battle. By the way thanks for the reply.

Basically I sent the first 2 letters to abbey with no satisfactory response (in both replies they asked me to wait 4 weeks for them to look into my complaint!). I did not wait the 4 weeks and so now on Tuesday I filed a claim with Moneyclaim online for £8758.65!!!!!!!!! including costs.

 

I am wondering if anyone else has taken on Abbey with anything near this amount and if so how did things pan out?

 

By the way this is a great site

 

Wow pumpkin, thats a great claim!

Make sure you send your schedule of charges to MCOL to be attached to your claim.

Do plenty of reading up on the defence and allocation questionnaires stage of your claim.

 

Good luck:)

 

I wish you loads of luck.

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Hi kate

I filed my claim online on Tuesday 1st May. Are you saying that I should have also sent a copy of the list of charges also? If that is so, well I didn't and the claim has now been served. Will this mess things up for me?

 

Pumpkin

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Hi Pumpkin, 'm just slightly ahead of you and filing for a very similar amount. I have just today recevied notice hat the AQ will be dispensed with. I haven't got all the details yet as my Mrs just emailed me at work to let me know so once I get home his evening I'll type a full run down on my thread. Hopefully this will give you some guidance for things to come.

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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On Saturday I rang Abbey to find out how much money I had in one of my accounts and after they told me what I wanted to know, they then informed me that I was eligable for a personal loan and a credit card and they were extremly nice. In the past, they would not even give me a debit card and now they are sucking up something cronic. Could it have something to do with me taking them to court I wonder??????????

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Next thing is they send in bog standard defence document, they just change the case numbers and names on the thing, maybe one other little detail to make you think it's done individually.

 

The court get one and so should you. Then the court will either send you an AQ to fill in or tell you they're not using it (dispensed with is how they put it) and tell you what you should do next.

 

If you're not sure when you get the defence, pop it on here and we'll have a look, but if I was a betting person I'd lay odds it's the same as mine and everybody else's in the wording.

 

Don't worry, you're doing fine and things are moving at the usual pace. Just hang in there, Abbey win if they scare you. Keep in your mind what you'll do with YOUR money when you get it back.

 

While you're waiting for the next stage, why not revisit the FAQs and all the other stuff to read up, cos the more knowledgeable and well prepared you are the less likelihood there is of any mistakes and your claim being lost. Read, read and prepare should be everyone's motto in tackling the banks. :)

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I have not had anything from the the bank or the court should I be doing anything, I am getting a bit worried? They have indicated that they intend to defend, and the 28 day wait will end on Saturday, but have had no details of their defence.

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It will come. Basically you have a bit of a waiting game to play now. The defence will be filed and even if its lates they always seem to get away with it. The court will then issue the next stage to you...either removal of the allocation questionaire and some kind of order/court date.

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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Yup

 

I have checked Mcol and they havent received the defence yet, so until they do, the defence isnt filed, although i should imagine it is in the post, I cant see them sending me a copy and not the court.

 

Once the court receive the defence they will let me know whats next, which, bit unsure if an AQ will be asked for, as some courts seem to be dispensing with the AQ whilst some courts arent.

:madgrin:

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