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simmo66 verses abbey


simmo66
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:shock:hi sent off my first letter to ask for my statements on the 12th march 2007 got a reply from abbey dated the 3rd april cant wait to get my money back from abbey they were terrible to me when i was off work for seven weeks due to cancer i beat breast cancer abbey your next

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Hi Simmo,

 

Many congratulations on your Major win, I'm sure Abbey will be easy after that.

Welcome aboard.

There is a lot of information on this site so take your time and spend a couple of days reading as much as you can.

Here are a couple of links to get you started and I suggest you always keep them to hand.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

When you are comfortable start a thread "XXXX v Bank Name here" in the relevant bank forum as then people with specific experience of this bank can offer support and advice.

There is a lot of information to take in here so if unsure it is always best to Ask first.

If you need a quick answer to a question you could always try the chatroom as there are usually some very helpful people in there.

Very best of luck

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Good for you Simmo. Glad to hear of your recovery. Good news, indeed.

 

Spend a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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  • 1 month later...

hello everyone

i started my claim with abbey in march 2007 just got a reply from them on the 16th of may stating that they will get back to me in four weeks time, im not waiting four weeks i started to take them to court on the 16th of may im claiming £1889.05 plus interest of £330.67 totaling £2220.17 what i need to know please is what does a court bundle consist of is it all the correspondance between myself and abbey i know i have to have three copies of everything one for me, one for the judge and one for abbey but is there anything else that i need to do im a total novice at this so sorry if i seem a bit thick

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HI EVERYONE I got a letter from the court today stating that abbey has untill the 5th june to reply,If abbey does not reply to me by the 5th june do i file for a judgement the next day ?

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  • 4 weeks later...

hi all today 14th june i recieved a letter from abbey its a letter that came with thier defence of the court claim i have against them they are offering me £1508.11 to settle on a claim worth £2320.17 plus £120.00 court fee .They say in the letter that the charges are liquidated damages, and not penalty charges and are therefore valid pre-estimates of loss, im going to go on with the claim, they also state that they have to charge something, when i go to court if the judge brings that point up about how much do i think i should pay what do i say , bloody abbey they are a pain , they are also chirping up about terms and conditions.

 

simmo66:)

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Isn't the response (if you actually get to court) that Abbey need to provide a breakdown of their costs so that a fair and reasonable charge can be calculated. If you don't know what it costs them you can't cover their loss. I just had a letter today settling in full (before a prelim hearing a week today) £3K plus £500 ish interest plus £220 court costs which includes the AQ fee, so keep on at them they will pay.....

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yes simm, don't give up........just keep going. reject what they have offered if that's what you want......there are some template letters for rejecting.

 

they will come round in the end.....don't worry.

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thankyou for your speedy reply ,its been very helpfull im not worrid about going to court im a big girl, im just worrid about making a prat of myself so thankyou again a bit more ammo for me if i get to court , well done on your victory

kind regards SIMMO66 (Dawn)

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you won't make a p**t of yourself.....just follow the advice on here to the letter and all will be okay.

 

make sure whatever you send abbey is recorded so you have proof of when it was sent for the court if needed. i've just put all of mine in my court bundle which was filed a couple of days ago.

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good for you, me too. i'm just in the early stages of my second claim....at the moment they have failed to comply with the SAR - i sent a LBA but had no response to that then all of a sudden they sent me an offer of £690 GOGW - they owe me thousands but won't give me my statements to prove it......i just made a formal complaint to the information commissioner...waiting to hear on that.

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:D this is the draft letter that im going to send to abbey do you all think its ok

 

Dear Juan

i respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2320.17. As you allready know i have also had to pay out a court fee of £120.00, and there will be a further fee that i will have to pay to the court of £100.00 for the allocation questionair.

Juan you stated in your letter that you did not want either myself or Abbey to incur any further costs so i would accept the sum of £2440.17.

 

I trust this clarifies my position

 

Yours faithfully

 

simmo 66 :D

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  • 2 weeks later...

im reading through the defence that abbey have sent to me and they are stating that i quote (In accordance with the limitation act 1980, the defendant denies that the claimant is entitled to any amount relating to fees incurred before 17th may 2001) the thing is when i sent off my s.a.r. in april asking for 6 years of statements. abbey sent me back statements dated from the 1st january 2001 to the 31st december 2006. so that is all ive claimed for. abbey refunded me a lot of charges in 2007 as i was off work due to having a masectomy it amounted to about £300 im a bit confused why are abbey pulling me up on this point . the were awfull to me i had to go down to the canary wharf branch of abbey and prove that i had had a masectomy , i had to take all my medical proof and it was two days after my operation and i still had a drain in, i hate shabby so much, will the judge throw it out cos abbey are saying that im claiming for more than 6 years when im not bloody crabby shabby arggggggg

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Hi there

 

Firstly, I am very sorry to hear you have had such a tough time, and I hope things are getting better for you.

 

Regarding the 6 years, I am sorry to say this, but you are claiming over that.

It is not 6 years worth of charges you can claim, but up to 6 years from the date of filing at Court.

 

So the charges between January and May 16th 2001 are outside of this period.

 

However, there is an argument re "concealment" that can be used, quoting the Statute of Limitations Act. All the relevant info is here:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

But I think you have to use the SoLA argument in your Particulars of Claim.

 

I am sorry again; I am sure this is not what you wanted to hear - I think your best course of action at the moment would be to send a private message to a Moderator or Site Helper for more guidance on this one.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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thanks jo for your help im doing fine now just got to be rebuilt i will follow your advice i was offered £1500 to settle so if im out of my depth i will cut and run but i will give it a go to see if i can go further thanks again simmo66 Dawn :D

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  • 2 weeks later...

i started my second claim against abbey i used mcol just been on mcol checking the status of my claim abbey had untill the 14th july (today) to file a defence they havn't so do i file for judgement in my favour today or leave it till tomorrow ?:-D :-D

:twisted:

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6 threads merged.

 

Please keep all details of this claim here, rather than starting a new one for each question - this will actually help you to receive the best and quickest responses.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Courts generally work Monday to Friday so technically if a deadline was to fall on Saturday or Sunday then the Court would probably let Abbey File a defence on Monday. Phone the Court Monday and if they haven't filed then you can request judgement, but be aware that the court may look more favourably on your case if you were to give Abbey another 14 days in which to file a defence. The chances are Abbey are not deliberately ignoring your case but are simply snowed under. From experience i know that giving them this extra time generally results in an earlier successful pre-court settlement. If you file for judgement now you will have to be prepared to set out your entire case with supporting evidence to the judge. The choice is entirely yours of course, i am just offering my opinion from experience. Abbey seem to be the worst for dealing with each case differently, but if you give them that extra 14 days i am pretty certain you will be receiving an offer before that. Good luck.

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thanks for your advice i will check money claim on line on monday and if they havn't filed their defence i will ask for judgement, im in the process of waiting for a court date for my other claim with abbey, they filed a defence on that claim 4 days after it was aknowledged, I dont want to give abbey any more time than i have to :D

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