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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Im going in !!


SteveD
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Hi People

 

I am just in the process of starting my Money claim online

 

I sent letter 1 on the 7/4/06 and looks like I got the standard reply i.e. you agreed to it in the terms, we could close your account etc etc

 

sent letter 2 on the 15/5/06 and once again got the standard reply i.e. we agree with the first letter, the act only applies to credit cards etc etc

 

so now I find myself logging onto the money claim site

I have looked at the template in the library, on the first line it states to put when you entered into the contract with the abbey, by this I gather they mean when I opened the account which was 17 years ago!! and I have no idea what the date was so do you think it would be ok to leave that bit out as I don’t want to guess at it.

 

Great site this by the way, I am claiming £220 which I thought was a lot till I saw some of the amounts other people have had taken from them...

Power to the people I say!!!!

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Maybe you could just put the year...

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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not 100% what year it was!! it was about 1989 or 1990.. i think it would be better to just reword it to start of with..

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions.

 

is the date necessary do you think?

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Not at all, I just assumed you knew the year.

 

When I don't know the dates I use "I had" for a closed account or "I have" for an open account.

 

Keep us informed ;)

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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ok money claim completed!

cant help but have this what have I done feeling!!!

full claim totaled out at £275.61 with the interest and fee

 

will look at forums to see what abbey is likely to do next!

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Guest louis wu

You say you've got this "cant help but have this what have I done feeling!!!"

 

I think its safe to assume that what you have done is added to the increasingly large headache Abbey have got themselves into by ripping people off.

 

Well done mate and good luck

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Good luck with the claim. You will either get a full refund because the amount is small or you will hear from solicitors DLA Piper Rudnick Gray Cary (musket, pipe and drum I think or is it cuthbert, dibble and grub)

 

Don't worry, the net result will be the same. Have a look at my Abbey thread (Another Claim). It seems to be the same diary of events for everyone.

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what have you done ??

 

getting your money back mate ! whats wrong with that!!

 

would you let someone take it off you if it was in your wallet? no you wouldn't. just because the banks are a big corporation doesnt make it right....

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Today I too have taken the plunge, and have sent off DPA letter. I have had a current account with Abbey for more than 4 years, bur only have statements for last 6 months to hand.

Last night I worked out that in the those 6 months I have paid more than £1500 in charges. So goodness knows what the total will be. I feel sick to the stomach knowing that so much money has been wasted - things have just got so out of hand.

I am very nervous and worried about the process, but on balance, it's nothing to the sleepless nights my financial difficulties have caused; I am determined to go through with it.

 

A couple of questions if anyone can help?

 

When should I expect to receive my statements?

Shouls I open a new bank account immediately?

 

Cheers, and good luck all.

:)

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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  • 2 weeks later...

Ok got the "Notice that Acknoledgment of Service has been Filed" on the 16th Jun stating they are defending the claim giving them 28 days from the 14th jun to file a defence... so far so good!

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  • 4 weeks later...

the Notice that Acknoledgment of Service was filed from the 14th this is still the case and I have heard no more

is the 28 days they are given 28 working days or just 28 straight days as I make the last day they they have as Wed 12th July if so can I request judgment on that day or do i have to wait till the 13th.. at 00:01 in the morning :->

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Money claim online now reads..... Your judgment request has been accepted. The order has been sent to the Defendant.... does this mean ive won and this an order for them to pay

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Did you press the option for judgement by default, rather than judgement by admission?

 

In theory - yes, you've won. However knowing Abbey they will try and get the judgement set aside.

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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Steve

 

What happened??

 

Im at the same stage as you, i issued a claim on 16th June, giving Abbey 14 days from the date of claim to respond, which they didnt. I then issued a judgement on 14th July, and today was going to complete the warrant form to be sent....... Im nervous about my dates - that ive issued everything within the correct dates, you gave Abbey 28 days from the date you sent the claim..... i gave 14 and now im nervous ive done it wrong although it says on the money claim website to give 14 days from the date of issue.... Im stuck...!

 

How did you get on??

 

Michelle

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Now this is an interesting development. Abbey use a different solicitor (usually it's DLA Piper) who have acknowledged the claim but failed to defend. Is that right?

Unless they apply for the judgement to be set aside I would say you have won and if they don't pay up you can send in a bailiff. If they try to get a set aside it will be a hard one to argue as they were aware of the claim because they acknowledged it! Having said that they only really have to show they have a defence that merits a hearing but it would be good to make them work for it.

Perhaps you may want to think about a pm to a mod if you want some help with this

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wow lots or replys when I wasnt looking!!

OK

huffynixs.. havent rearly got a clue what im doing I am just playing this by ear,, as they say. you seem to be ahead of me as I dont seem to be at the warrent stage yet I think.. got my confirmation of judgement through the post stating judgment was entered 13th July 2006.. not sure what to do next??

 

joneshousehold .. yep thats right they acknowledged the claim 14th June but didnt enter a defence within 28days so I entered judgement by default .. might PM you soon as not sure what to do now if you dont mind..cheers.

 

karnevil.. I think A P Squires is a solicitor

his address on the acknowledgement form is..

 

A P Squires,

Solicitor

Legal, Secretarist & Tax

Abbey National plc

Genesis House... bla bla

 

I have searched the name AP Squires useing the search facility above and his name has come up on other forums for abbey.

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Just a message of support - I am in the early stages as you were. But judging from the Forum I would say "go get it boy".

Abbey
- Data Protection Act (S.A.R - (Subject Access Request)) sent 15th July 2006

received usual Microfiche arguement and some statements

20th July - Microfiche letter sent

 

Nat West
- Data Protection Act (S.A.R - (Subject Access Request)) letter sent 10/07/06

 

Halifax Card Services
(Currently still open) - Data Protection Act (S.A.R - (Subject Access Request)) letter sent 19/07/06

Rcvd letter from HBOS plc - Thanking me for specific info - but request for info relating to manual info under no stat req to record this info?"

 

 

 

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