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petcat

petcat v abbey.

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hi everyone this is my first post. I have been feeced by abbey for almost 3 grand over the last 6 years altho only in 2 of those years. i suffer from manic depression and have always been on benefits in that time . started claim in april now about to file N1. phoned abbey today regards the social security laws and charges from benefits. told them i would be adding this to N1 and giving them until monday to respond.So far ive only asked for charges plus the 8% the court would award as found seperating interest s/sheets confusing. Can anyone help with this?They have always been aware of my illness and benefits and after my social worker got involved in 2003 they kept almost alll of my dla and I.S each week till the o/d was paid then gave me back my chq bk and card to do it all over again the next time i got ill in 2005. this time i was charged 19 lots of 35 one month then 13 lots the next month. only agreed to authorise the odraft when i threatened to stop paying money in! then put me on a msnsgedown at a rate of 100pm. Last december i offered them 70pm when they refused i closed the act or so i thought, since then the 600 i still owed has grown to 1100 pounds. i think i need some advice because i intend to file n1 on monday.had it prepared then read the thread on benefits.Hence the phone call to miltokeynes today. Anyone had similar grounds and if so can you help please?thanks to u all. if this has been posted allready apologies not up to speed on this site yet!

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I have no advice for you regarding your benefits, but they are so-in-the-wrong. Good luck with your claim. I hope someone here can give you some good help. Maybe open another thread, there is one you could post in called "Is the bank taking your benefits" which seems really helpful.


I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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thankyou for your advice will be on this thing all weekend as i think they are corporate thieves and i shall not delay that N1 past monday.will keep you inrmed via this thread. a manager is supposed to be calling me back so we shall see?mandy thomas anyone heard from her at all?

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will get back on later after school run and print facts in more detail. started thread on the benefit board reccomended above. But if anyones had a refund for this reason please let me know here. was there additionakl info for the N1 and if so where is it?Heeeellllpppp!!!!ta.

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Hello

Don't enter your N1 until you are absolutley sure its correct and you have claimed the correct interest amounts because you cant go back on your figures afterwards.

It took me about 3/4 months of reading to get it right.

It is not a case of submitting your N1 (which by the way is free for I.S. receivers although you have to show proof that you are receiving it.)

If you havent got one ask the local DSS for one.Any letters etc must not be more than one month old.

The wording has to be absolutley correct so dont rush into things without reading up properly on what you are doing. Everyone here will help i'm sure.

John


If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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thanks john wilson storey.would you know whether its best to send a new and revised LBA? Im so sick of waiting for a response noones has rang back yet despite promises.DO i add that to my N1 along with the other laws which im claiming under.Ive taken a look at the letters on the benefits thread but is it too late to threaten them with that too. Had no charges except for interest for almost a year and not sure what to do next.thanks again.

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Hello again

I havent got enough time at the moment I will post again either tonight or tommorow am

Sorry


If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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no probs will try to print facts later on .

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I have now read the thread on benefits entirely. I have printed off letters from dptmt for health etc and copy of social security act s187 and shortly i will be marching into my local abbey with the new info.will only speak to manager and take it from there. I f pigs can fly and she agrees straight off to refund benefits do i still carry on for the difference as i cant get my head round the interest calculations and my huge overdraft was only authorised after they had taken charges and made me 600 overdrawn without negotiations. Is this unauthorised lending as it seems to be to me. will contact my local mp also on monday and keep this thread posted on any developments. thanks for the help so far everyone.

Abbey have pushed me into hardship asnd depression many times now. thinking of adding claim for damages!!!

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Sorry, i didnt quite understand what you meant in your first post about Abbey ringing you about charges from benefits , They are absolutely not allowed to take anything from your benefits, and if you have seen the benefits thread then you should have seen the letter of appropriation, if you havnt then do a site search for it, take it into your branch, they will try and argue and intimidate, but you should accept that, take someone with you if you feel better about that, another thing is that they will not close an account with a minus figure.

 

If you need anything further come back and post on here and someone will be around to help you

 

Lula


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hello

Just as a precaution and as you as very new to the site as already stated all the correspondance you send has to be exactly right.

Would you mind answering a few doubts I have.

You say that you have written to the Abbey and asked for you money back

1/ What did you say on your LBA (Letter before action), did you use one of the templates from here?

2/ How did you calculate the charges and interest again did you use one of the templates from here?

3/ I know you want to get your claim started as soon as possible but I can't stress enough everything has to be correct, the Banks dont just give you back the money without firstly a delay and secondly they try to frighten you by writing lots of letters in an effort to put you off.

Regarding the N1 you are filling in you MUST word your POC (particulars of claim) correctly, again, are you going to use a template from this site?

If not perhaps you could display them on this thread (not the spreadsheet) and delete any personal details, I am sure that one of the experts of this site will give them the once over to make sure the wording is correct.

Hope you dont think appear me too negative but it's better safe than sorry

John


If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Hi john only just had chance to take a look at this again. in answer to your question. i have used the template from this site for the LBA. The charges were worked out with the MSE calculator not included the overdraft interest only 8% with the request and schedule saying that is what the courts would award me. Got apptmt to see manager at local abbey 2moro will update this then.Thanku, going armed with soc. sec. act etc. will be back on this thing later when my daughters gone to bed!!many thanks.

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Your LBA and spreadsheets etc seem to have originated fron the right places so you shoul be ok with them.

Regarding the meeting you have, don't pin too much hope on a result, I am afraid that all you can do is make life uncomfortable for the manager.

Make the meeting last as long as possible this should annoy him and remember to him you are the enemy and all he is tellimg you is what he has been told to by his peers.

Anyway good luck and post here whatever the outcome

John


If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Hi john thanks for your continued interest. Just got back from meeting with manager.Obvioudly there is nothing she can do although used her phone for a change to call milton keynes.Apparently after reiterating the facts and verbally reading them the s.security act the girl i spoke with assures me i have been accelerated(whatever that means-not heard that before) and she has given me the names of two decisionmakers one of which will call me direct within the next 24 hours.I think Ive worried them by stating firmly that i shall add misappropiation of the s/s act to the P.O.C on the N1 form which will definately be handed to the court for stamping at 1pm tomorrow if they are not true to their word.The manager was such a diplomat! even let me use her office to make the call in private.I was shaking by the time i came out and had to have a drink to calm down.seems like its not just the banks tho,got charged 3pounds twenty for a bottle of reef!!Got to laugh.keep updating as and when things change.fingers crossed.

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Bet you they 'forget 'to phone. Get your N1 ready.


If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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The customercomplaints manager did call back have finally spoken to her basically fobbed off with the 8wk turnaround thing.i explained that im filing n1 today including the extra facts section 187 of social security act as perhaps they wouls speed things up. will post POC later

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Hi filed N1 today. Theyve had an extra week due to me offering to let them repay the benefits immediately.Standard POC also added the social security act and the fact that they have broken the law by taking them.So at last a quiet weekend whilst i await notification from the court.I intend to keep reading abbey threads and get prepared.Does anyone know of a case that has been won were benefits have been taken and if so what are the consequences for abbey if they are found guilty. Should i report them to anyone else.Surely this is theft?

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hi quick update before i fall asleep.

 

started a thread asking for any successes based on social security act breaches,as on my POC ive added extra details regarding that.

 

N1 was deemed served on 29th they have until 12th june. fingers crossed they forget about me and i dont have to continue stressing.i dont mind the work im quite enjoying it but the worry of making a serious mistake is not nice. ive requested a buddy but so far no joy-in fact im pretty sure ive just managed to email myself!

also i intend to phone abbey tomorrow. The cust.serv.magr i spoke to gave me a name of a senior case handler so if she cant enter into negotiations then im not prepared to talk to her either.have managed to find inga kirkmans tel. no.so i think ill try her next week.(got through last week and she was ok explained there was nothing she could do til it went through the courts.Maybe now she can.

Anyway been reading some excellent threads on here and feel a growing confidence coming on.

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quick update received aCknowledgement of service today. DATED 5th june. abbey intend to defend all of the claim.new date for diary 26TH JUNE.suppose at least i can enter negotiations with the right people.

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ok spoke to the lovely legendary inga today.quote"heres how it works,with the defence you will receive our offer.if we try to settle at this stage i can only offer you 40percent"

told her im not interested and will wait till i receive the defence and then call her back to negotiate a better settlement.she has agreed, i will send her an email today to outline our conversation and outcome. wish theyd hurry up, she reckons within 2 weeks.

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well a week has passed and today received standard letter saying the 8 weeks is up and they need more time.also a leaflet from the ombudsman in case id like to complain-how thoughtful.....

 

I have decided to do do nothing until i get the defence and offer as promised.

This seems to be an automatic process now with the parameters moving closer to 100% the nearer you are to a court date! almost like a sales technique.Id like to point out to them eventually that the offers relate to a refund of benefits as much as anything else and find it hilarious to think of them trying to defend that one!! I did read somewhere on here that a bank tried to say a claimant prespent their benefits. SURE YOUR HONOUR I CHOSE TO GIVE DWPS MONEY TO ABBEY INSTEAD OF BUYING GAS AND ELECTRIC AND FOOD THAT WEEK. sounds a bit flimsy.

apologies for rambling. Their logic astounds me.

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ok-standard defence received today,although they have made simple mistakes with the figures(cant they read?) also, the first point says they deny each and everyone of my allegations.how come they are happy to deny the extraPOC, that the money was taken unlawfully from benefits?

I think they may have missed this because it is fact and i cant see how they have a leg to stand on.

Also as predicted a 65% offer letter and now i want to know the best route to take.I think I should send a rejection letter and telephone inga(much better on the phone personally) Id be willing to take 95% just to rid myself of the stress,They allready know i have manic depression, youd think they had a duty to protect their more vulnerable customers.But we shall see......any advice welcomed , will think asbout it over the weekend and act on monday.:cool:

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ok-standard defence received today,although they have made simple mistakes with the figures(cant they read?) also, the first point says they deny each and everyone of my allegations.how come they are happy to deny the extraPOC, that the money was taken unlawfully from benefits?

I think they may have missed this because it is fact and i cant see how they have a leg to stand on.

Also as predicted a 65% offer letter and now i want to know the best route to take.I think I should send a rejection letter and telephone inga(much better on the phone personally) Id be willing to take 95% just to rid myself of the stress,They allready know i have manic depression, youd think they had a duty to protect their more vulnerable customers.But we shall see......any advice welcomed , will think asbout it over the weekend and act on monday.:cool:

 

Hi Petcat,

Why accept 95% when you will receive 100% + you will be able to get a wasted time cost order as Abbey will for sure abuse the court system with their charade and this can be an extra £200+.

 

I am just ahead of you I already had the 65% offer with their defence which is very standard and not very meaningful, they will not on that defence go to court!

 

You are welcome to follow my thread, and I will be able to help you where I can.

 

DS

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thankyou ds for your encouragement i shall follow your story and think seriously about what you suggest.will update this on monday and let you know whats going on.

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ok. ive sent an email to inga marked without prejudice.rejected their offer of 65% and offered to settle at a sum alittle short of the full amount.will await her response and let you know the outcome.

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