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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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Sammy59 V Shabby Abbey


sammy59
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Thanks

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Hi

 

I am up to waiting for the court to either send out a AQ or let me know what to do next.

 

Since i started the process 3 months ago abbey have charged me fees April, May and more to go on in june.

 

I have done a spreadsheet of these new charges and interest, wondered if there was any template letter anywhere for this scenario when a claim is going through.

 

Or shall i just send a LBA giving 7/10/14 days to refund these extra charges with the threat of filing a new claim in court for them, quoting to abbey that i have a claim filed with court already and quote my ref, hope this makes sense

 

 

 

Stuart

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sammy,

 

you keep starting new threads with each question.....it's much better to stick to one.;)

 

 

The new charges will have to form the basis of "sammy2" once they've settled your first claim

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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oops, didn't know had to use the same thread all the time.

 

so do you think i should wait for the 1st claim to settle before i start a new claim against them or os it worth sending a letter outlining the above.

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oops, didn't know had to use the same thread all the time.

 

so do you think i should wait for the 1st claim to settle before i start a new claim against them or os it worth sending a letter outlining the above.

 

 

it gives people a history to read so they can understand the backgroungds to your questions.

 

I'd let the 1st claim settle and then start again..........I know the money is a pain, but it's the best way

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Ok thanks for the advise, i last question, i have a few threads on here asking the same questions, is there anyway i can delete any of them?

 

 

it gives people a history to read so they can understand the backgroungds to your questions.

 

I'd let the 1st claim settle and then start again..........I know the money is a pain, but it's the best way

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You could PM a mod to amalgamate the threads for you.........................but they seem to be too busy locking threads at the moment:mad: :mad:

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Guys, Spoke with Lula about me not sending a list of charges to court with mcol, had sent one to abbey,She advised me to send it to my local court or off with the AQ when i find out whats going on.

 

Can somebody have a quick look at my spreadsheet before i send it off, cheers.Stu

 

UNAUTH OD FEE

£16.50

28/02/2001

2,286

£8.30

CLEARED TRANSACTION

£10.00

28/02/2001

2,286

£5.03

CLEARED TRANSACTION

£10.00

28/02/2001

2,286

£5.03

UNPAID DD CHARGE

£30.00

28/02/2001

2,286

£15.09

UNPAID DD CHARGE

£30.00

28/02/2001

2,286

£15.09

UNPAID DD CHARGE

£30.00

28/02/2001

2,286

£15.09

UNPAID DD CHARGE

£30.00

14/05/2001

2,211

£14.59

UNAUTH OD FEE

£16.50

13/06/2001

2,181

£7.92

UNAUTH OD FEE

£16.50

15/07/2001

2,149

£7.80

UNPAID DD CHARGE

£32.00

13/09/2002

1,724

£12.14

UNPAID DD CHARGE

£32.00

14/10/2002

1,693

£11.92

UNPAID DD CHARGE

£32.00

14/07/2003

1,420

£10.00

UNAITH OD FEE

£15.00

14/09/2003

1,358

£4.48

UNAUTH OD FEE

£15.00

14/10/2003

1,328

£4.38

UNAUTH OD FEE

£15.00

14/12/2003

1,267

£4.18

UNAUTH OD FEE

£15.00

13/01/2004

1,237

£4.08

CLEARD TRANSACTION

£20.00

13/01/2005

871

£3.83

CLEARD TRANSACTION

£20.00

16/03/2005

809

£3.56

CLEARED TRANSACTION

£20.00

16/03/2005

809

£3.56

UNAUTH OD FEE

£20.00

13/01/2006

506

£2.23

CLEARED TRANSACTION

£30.00

13/01/2006

506

£3.34

CLEARED TRANSACTION

£30.00

13/01/2006

506

£3.34

CLEARED TRANSACTION

£30.00

13/01/2006

506

£3.34

UNAUTH ODD FEE

£20.00

16/03/2006

444

£1.95

CLEARED TRANSACTION

£30.00

16/03/2006

444

£2.93

CLEARED TRANSACTION

£30.00

16/03/2006

444

£2.93

CLEARED TRANSACTION

£30.00

16/03/2006

444

£2.93

CLEARED TRANSACTION

£30.00

16/03/2006

444

£2.93

UNAUTH OD FEE

£20.00

13/04/2006

416

£1.83

CLEARED TRANSACTION

£30.00

13/04/2006

416

£2.75

UNAUTH OD FEE

£20.00

14/05/2006

385

£1.69

CLEARED TRANSACTION

£30.00

14/05/2006

385

£2.54

UNAUTH OD FEE

£20.00

13/06/2006

355

£1.56

CLEARED TRANSACTION

£30.00

13/06/2006

355

£2.34

CLEARED TRANSACTION

£30.00

13/06/2006

355

£2.34

UN AUTH OD FEE

£20.00

14/07/2006

324

£1.43

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

CLEARED TRANSACTION

£30.00

14/07/2006

324

£2.14

UNPAID DD CHARGE

£35.00

14/07/2006

324

£2.50

UNPAID CHQ CHARGE

£35.00

14/07/2006

324

£2.50

UNAUTH OD FEE

£20.00

13/08/2006

294

£1.29

UNPAID DD CHARGE

£35.00

13/08/2006

294

£2.26

UNPAID DD CHARGE

£35.00

13/08/2006

294

£2.26

UNPAID CHQ CHARGE

£35.00

13/08/2006

294

£2.26

UNAUTH OD FEE

£20.00

14/10/2006

232

£1.02

CLEARED TRANSACTION

£30.00

14/10/2006

232

£1.53

CLEARED TRANSACTION

£30.00

14/10/2006

232

£1.53

CLEARED TRANSACTION

£30.00

14/10/2006

232

£1.53

CLEARED TRANSACTION

£30.00

14/10/2006

232

£1.53

CLEARED TRANSACTION

£30.00

14/10/2006

232

£1.53

CLEARED TRANSACTION

£30.00

14/10/2006

232

£1.53

UNAUTH OD FEE

£20.00

14/11/2006

201

£0.88

UNPAID DD CHARGE

£35.00

14/11/2006

201

£1.55

UNPAID DD CHARGE

£35.00

14/11/2006

201

£1.55

UNAUTH OD FE

£20.00

14/12/2006

171

£0.75

UNPAID DD CHARGE

£35.00

14/12/2006

171

£1.32

UNPAID DD CHARGE

£35.00

14/12/2006

171

£1.32

UNPAID DD CHARGE

£35.00

14/12/2006

171

£1.32

CLEARED TRANSACTION

£30.00

13/02/2007

110

£0.73

CLEARED TRANSACTION

£30.00

13/02/2007

110

£0.73

CLEARED TRANSACTION

£30.00

13/02/2007

110

£0.73

UNPAID DD CHARGE

£35.00

13/02/2007

110

£0.85

UNAUTH OD FEE

£20.00

13/03/2007

82

£0.36

CLEARED TRANSACTION

£30.00

13/03/2007

82

£0.54

CLEARED TRANSACTION

£30.00

13/03/2007

82

£0.54

UNPAID CHQ CHARGE

£35.00

13/03/2007

82

£0.63

UNPAID CHQ CHARGE

£35.00

13/03/2007

82

£0.63

UNPAID DD CHARGE

£35.00

13/03/2007

82

£0.63

 

 

 

The total is at the end just 4 got to copy and past it, thanks everbody who is helping me, thanks charleyfarley, i think you must have pm somebody cos all my threads are now as one, cheers

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bump

 

Oh, that didn't work well did it, the 2286 is the days since the charge and the £8.30 is the interest charged, is set out all a proper spread sheet though,

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bump

 

Oh, that didn't work well did it, the 2286 is the days since the charge and the £8.30 is the interest charged, is set out all a proper spread sheet though,

 

 

DOES ANYONE KNOW WHERE I CAN FIND BACKDATED TERMS AND CONDS FOR ABBEY, I HAVE PRINTED THE ONE OFF THEIR SITE (ALL 25 PAGES OF IT)I ASSUME THATS ONLY FOR THIS YEAR AND MAYBE LAST YEAR, i NEED BACK UNTIL 2001 IF ANYBODY CAN HELP

 

Thanks Stu

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we are trying to find some, but i dont think you have to worry too much about it an uptodate copy seems to refer breaches and if you read the defence, that too refers to them

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well I would wait at least a few weeks, if you havnt heard anything you can ring the court and ask what is going on, politely of course :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks again Lula,

 

Hi to unlawfulbankers

 

 

If you go the the Library on the first page there is a link to the basic court bundle, gives you loads of info.

 

I have started mine all ready, just in case, needed all the terms and conds but Lula reckons that a up to date copy will surfice as it refers to breaches of contract etc...

 

 

good luck

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http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.htm

 

that has links to the court bundle

 

With regards to the T&C's, in abbeys defence they refer to these, so as it is something that they would wish to rely on it court, they should have a copy of the T&C's that were in existence at the time you started your account, in the court bundle that they should be sending to the court, of course this has never yet happened, and should the judge ever ask you if you were in breach of your contract , yes, of course you have, on numerous occasions ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Bump- for help or ideas please

 

 

Thanks

 

KnellyK

 

I will print these off then add add them to all my stuff, starting to get a court bundle together just in case.

 

So Far i have all the corespondance sent to abbey by post and email, statements latest schedule of charges(sent another one off today to abbey and court as still waiting for them to let me know where this is going) and all the stuff from the court bundle link.

 

I am not sure wether i have to include any "witness statements", not sure what this means, is it a list of cases that have been settle with names and case numbers.

 

Thanks again

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[Thanks

 

KnellyK

 

I will print these off then add add them to all my stuff, starting to get a court bundle together just in case.

 

So Far i have all the corespondance sent to abbey by post and email, statements latest schedule of charges(sent another one off today to abbey and court as still waiting for them to let me know where this is going) and all the stuff from the court bundle link.

 

I am not sure wether i have to include any "witness statements", not sure what this means, is it a list of cases that have been settle with names and case numbers.

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Well to say iam supprised is an understatement.

 

was still waiting for northampton to allocate to my local court, not AQ or court bundle yet.

 

emailed inga on 3rd june with up to date statement of charges(CLAIM FOR 2300).

 

She offered my £1850 straight away, i emailed on 6th stateing iam only charging her 8% interest and not 16.39 so i want the full amount.

 

She has settled today for £2300.

 

Now being sceptical i asked for scan of cheque to be sent and it arrived today.

 

So i've won, no court no aq no hassle.

 

Have another claim ready to send off for charges added since, i don't think this will be as easy though.

 

Thanks everybody for your help, donation on way as soon as cheque is cleared. excellent web site

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Congratulations sammy59, you may find that the second claim is a bit quicker. This is quite often the case as it will most likely be for a much smaller amount than original claim. These smaller claims very often get settled before even reaching the court stage.....so fingers crossed for you!!

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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Congratulations sammy59, you may find that the second claim is a bit quicker. This is quite often the case as it will most likely be for a much smaller amount than original claim. These smaller claims very often get settled before even reaching the court stage.....so fingers crossed for you!!

 

 

Thank svery much, my other claim is for £795, hope is does go as smoothly, this one took 3 months and no aq or court bundle stage

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Congrats Sammy..... well done !!

[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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