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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • We have finally managed to obtain the transcript of this case.

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us v the Abbey for £7,500***WON***


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Wow noobrider, thanks for the speedy reply!:)

 

That puts my mind at rest about compromising the Court claim, and once other half has called tomorrow to find out what they are investigating on his card, I will send a letter to Abbey as you suggest asking them what the hell they are playing at! (or words to that effect).

 

Thanks so much for the advice (sorry again for bothering you with it); it may well be a coincidence, just seemed a bit suspicious.

 

Huge thanks

 

Jo xx

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Hey Jo.

 

Sorry for not replying sooner. Have been at a funeral all day :(

 

I agree with noobrider that it is probably coincidental. You should still continue with your claim (I would if I was in the same position), and most definitely call them to find out what's going on.

 

"Keep going all the way until your PAYDAY" (quote from deedee1310, 2007) :D

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hello Ohoh!

I have just read your thread. Charley Farley's threads will help as it does me. I didn't even write to Abbey to say I was taking them to Court. When they sent their letter 'thanks for asking for chgs refund but sorry no can do' I just started my moneyclaim on line. I am a bit cynical as I worked in Banking for 20 yrs, not since 1999 though. I know a bit about their tactics and how they conduct themselves and I'm afraid they are dogmatic so there's no room to be beating around the bush. I see it like if you wanted to get your money back in a shop for faulty goods. You go with the drive of getting your money back. Get that feeling, taking one stage at a time.

 

 

All the very best to you

 

Determind

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Hey determindator

 

Thanks for the support!

 

I didn't write specifically to tell them I was taking them to court, just made it clear in my last letter - rejecting their pony and trap GoGW offer - that if they didn't pay up by tomorrow (cat in hell's chance of that!) then "I would commence Court proceedings without further warning."

 

So bring it on! (omg I am soooooooo scared - seriously)

 

Jo xx

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Having a dumb blonde moment - nothing new there then!

 

As this is a Joint account I am claiming for, can I be the sole claimant or does it have to be in both names on the N1 with 2 signatures?

 

Looked through loads of threads but couldn't find the answer, so sorry if it has been covered before.

 

Thanks

 

Jo xx

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My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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I have just printed off my N1, schedule of charges (future dated for tomorrow) and Particulars of Claim, ready to take to Croydon County Court in the morning.

 

Every page of the attachments has my name and the account number on it, and I left a space on the Particulars of Claim to write in the claim number.

 

Just a thought - do I need to sign each page of the attachments, or is this not necessary?

 

Basic question probably, but it has done my head in getting this far already, and would just like to be as "spot-on" as possible!

 

Thanks in advance

 

Jo xx

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OH MY GOD! :mad: :mad: :mad: :mad: :mad:

 

YOU HAVE TO READ THIS!!!!!

 

Other half back, and just called FCO re the letter (post72). This is a brief transcript of the conversation:

 

OH: I'm calling you regarding the letter you sent me

FCO: Can I have your card number please?

OH: Which number would you like, the one on the letter or my actual card number?

FCO: Oh I see - are they similar then? Did we make a mistake?

OH: Well they are both 16 digits if thats what you mean by similar!

FCO: Oh.......(long silence), then did a few security checks

OH: Also, you missed off a letter in my surname! So, whose card is it that you are investigating?

FCO: I don't know (!)

OH: Well I don't have a lot of faith in the FCO investigations at the moment then, if you can't get my name or card number right.

FCO: Just checking something.....ah, there was a stop put on your partners card?

OH: Thats correct, and she called you on the 15th and was told it was all sorted.

FCO: According to the system, the letter we sent to her was not received, so this letter you have should have gone to her.

OH: But the letter was received, and she called you, and you said it was all cleared? And this is not her name or card number either, so who's is it?

FCO: I really don't know. It appears we transposed the details from another account, but only on the letter. (Oh my God what an admission)!!

OH: So what happens now?

FCO: I have checked your account, and it is all fine.

OH: So neither card is stopped or flagged?

FCO: No, everything is absolutely fine.

OH: Actually it's not. Thanks.

***End of Conversation***

 

What the hell are they playing at? So the whole thing was wrong - name, card number the lot. And the letter was dated the same day that I called them to sort out my card!!

 

So now do I have grounds for a complaint, based on the undue stress they have put on me through total incompetence, or is it a bit flimsy/circumstancial??

 

Has anyone ever experienced this before? I really want to take some sort of action, but am not sure what or how. God I am livid :mad:

 

Any thoughts??

 

Jo xx

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Let me get this right. FCO were playing silly b***ers with your card but in actual fact they had the wrong card in the first place?

 

If that's the case then that is unbelievable. I'm not sure who you would have to complain to (if it's them it will take 8 weeks :mad: )

 

I'm so sorry love. Hopefully this is the end of the drama with your card for the time being but methinks you need to lose the "shAbbey Habit".

 

They are awful to bank with and I am so pleased to no longer bank with them, they were a nightmare :mad: :mad: .

 

Does anyone else have any ideas? Would you like me to send you one of Abbey's "How to Complain" leaflets (sent courtesy of Andrew Nanson after receiving my Prelim letter :-o ).

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Thanks deedee but I have enough of those "complaints" leaflets to wallpaper the toilet walls - best place for them, me thinks :D

 

Anyway.......... I filed my N1 at Croydon County Court at 11am this morning!!!!!

 

So it's official (omg!) and now the waiting game starts I suppose.

 

Oh and just to rub their noses in it a bit more, I wrote the cheque out of the Abbey account!!!!!! :D

 

Jo xx

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:) I love it!! The offer of the "complaints" leaflet was made with my tongue firmly in my cheek :D .

 

Yes it is official now - good for you. I've not heard a peep from them since my fob off letter last week. I will sending LBA next Wednesday at this rate.

 

I was thinking of amending my claim to including Contractual Interest at their unauthorised overdraft rate of 29.8% APR. What do you think? :???:

 

If I get to the court stage I would ask the judge to consider three rates:

 

1. interest at their Unauthorised OD rate (29.8%)

2. interest at their Authorised OD rate (16.9%)

3. Statutory interest at 8%.

 

Your opinion and anyone else's is most welcome. I'm still trying to find threads to confirm if Abbey have paid out CI to claimants. If anyone knows of any cases, please let me have the links.

 

dee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hey deedee

 

Not sure on this one but from what I have read you have to include contractual interest right at the start of the claim ie Prelim letter, or else it cannot be considered - that is purely my understanding of it, but I will stand corrected if someone else says otherwise.

 

Hope someone can advise you further.

 

I have subscribed to your thread so will be reading with interest - while mine goes quiet till the Court papers land on their desk!

 

Jo xx

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Do you know what, as it is my first claim (I've wisened up since I started this one), I will leave it as it is. :p

 

My Capital One claim has CI from the outset as does my Haliprats one. It'll be interesting to see how they react to those claims :D

 

Can't take the lulls. Have been reading and contributing to your thread for the last week now.:( Never mind, the excitement will pick up again when Abbey start their usual court shennanigans :D :D

 

Yes - please keep an eye on my threads. I'm just two and a bit weeks behind you with Abbey.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Will do hun

 

Mind you with the way Abbey have been treating me just lately, I am sure there will be something else to report soon :rolleyes:

 

Otherwise we can just have a chat!

 

Jo xx

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Grand Slam 2009

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OK, now I have nothing else to do but wait (I wish LOL), everything is going round in my head and I need clarification if possible please on the following:

 

My Prelim letter to Abbey included all the overdraft interest, as charged per month - I hadn't found this wonderful website then, and was following alternative advice!

 

Then reading other websites - still not this one, unfortunately - the advice was NOT to include overdraft interest, so my LBA was amended to reflect this, and I duly informed them in the letter. I did actually take legal advice from a friends' Mum who is a solicitor, and she said that because I was reducing the claim, it did not have any effect, and I did not have to start again.

 

Now, having filed my N1 today it is for less still; I have had to remove two months charges in 2001 to fall within the six year limit (they were valid at the time of the Prelim obviously) and I am nowhere near confident enough to argue the Statute of Limitations.

 

OMG sorry it took so long (:o ), but the question is:

 

If I have to submit a Court Bundle, then the Prelim letter will be included - the others won't because they contain "Without Prejudice" paragraphs - so will the Court question the difference in the amounts? And will this go against me?

 

I know in general a difference in the original request to the Court claim does not matter, but because what I did initially was wrong, I now think thats why Abbey are being so Shabby towards me, because they think I haven't got a clue what I am doing! (How right they are - ish!)

 

I know I am months away from a Court bundle, and may not (prays) ever have to do one, but you know when something is just niggling and won't go away?

 

I would just like some reassurance now please, if possible, that I haven't screwed up and given them an opportunity to throw out my case :confused:

 

Sorry that took so long too!

 

Jo xx

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Grand Slam 2009

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Hi Jo.

 

Don't know if I'm qualified enough (by experience and knowledge -yet), to help answer.

 

From what I have gleaned, it doesn't matter too much about the schedule of charges in the sense that you can continually amend it, until you file at court. For this reason, I don't see why the Court would question why the amount in the Preliminary Letter is different to the schedule that has been included as part of your evidence.

 

If anyone knows better could you please post and help reassure Jo. :)

 

Apart from that Jo, how is everything otherwise?

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Thanks deedee - my fountain of reason as ever :)

 

I was just doing the "headless chicken" again I think! No seriously this has taken over my life at the moment - how sad! - and I am just picking holes in my own case before someone else does! Thanks for the reassurance - again!

 

Will pm you in a bit to burden you with my latest woes! (Joke!)

 

Jo xxx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

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Ha Ha this gave me a fit of the giggles :rolleyes:

 

Just got a letter from Abbey Customer Operations - here are the first lines:

 

" WOULD YOU LIKE TO BORROW UP TO £15,000?

 

As an Abbey customer, you could borrow from £7,500 at a great rate."

 

Was thinking of writing back to them saying "hey, thats how much you borrowed from me, at a much better rate!" :p

 

TeeHee :D made my day!

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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LOL Hi Jo,

 

Sorry been very busy at work had not time to talk, well everything seems to be going ok for you now.

 

Dont worry about that Prelim list of charges, the court will only really focus on your claim form and the most up to date list of charges. The main thing is you had the amounts correct when you submitted the claim.

 

Im getting nervous myself waiting to hear back from the court about what they intend do next. I hate sitting here twiddling my thumbs waiting for the some action.

 

Keep in touch Leecabs :)

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I just love this thread Jo! Full of ups and downs, keep going. The entire CAG especially is behind u. Even though SHABBEY has tossed u about they will soon be doing the big throw soon, which is to 'throw' u some money. lol

 

Kiddo

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