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    • Hello AndyOrch For the n265 please would the below list of documents be sufficient ? 1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024 2. Copy of the Lease - Dated 4th September 1998 3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024 (This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024) 4. CPR 31.14 Request - Dated 28/02/2024   With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ? Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ? The claimant has refused to action the CPR 31.14 request.  Regarding the Section 20 notices relating to the major works, should I include if we have a copy ? Is there anything else that I should include in the list relevant to our defence ? Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on.   As always really appreciate any help and guidance that you can provide.
    • What was the agreement start date you have obscured on the Termination Notice ? How much was added from the previous loan ?
    • Reprimand issued to Birmingham Children’s Trust Community Interest company in respect of Article 5(1)(f) and 32(1)(b) and 2. A child protection plan containing inappropriate personal data, in the form of criminal allegations against a child, was sent to the family the plan was produced for. Although the care plan itself was authorised for the family to view, the criminal allegations were not relevant to the plan, or authorised for the family’s view. The investigation highlighted that appropriate technical and organisational measures were not in place at the time of the breach.View the full article
    • Does anyone know what legal term I need to use to say they have to send a deferral form?
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us v the Abbey for £7,500***WON***


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Thanks badboy - already sent rejection letter last thursday, as above. Got what I presume is Stage 2 letter today, from Richard Harris, stating they need another 4 weeks - what a surprise!

 

But my letter gives them 14 days, and I am sticking to that. The 14 days is up on the 21st June, and I intend to have everything ready, and will be walking up to the court on the morning of the 22nd, N1 in hand, if they haven't replied, which I really dont think they will.

 

The whole court thing still scares the hell out of me, but the more they mess me about, the stronger I am getting (or maybe thats just anger!), and I am going to see it through to the (hopefully glorious) end, walking away with a possible 10 grand (omg!) and sticking two fingers up at Abbey!

 

Jo x

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Hi there, just wanted to add my 2 pence worth! i filed my claim and they paid about £400 into my account and cancelled a few charges as well. I put my court claim in and they have just settled out of court for the full £2017.12 (cheque paid into my account today) which I have a funny feeling £400 of that ive all ready had!! thats there mistake and I am not going to argue with it!!!!:D. I had all ready filed my claim when they did this though, the communication between their departments is total useless!! I never once contacted abbey by phone, I think best to stick by letter then you always have an exact record!! good luck, I have just received a court date of 3rd Aug for my second claim against abbey so hopefully they will pay up again very quickly!!!!!! this one is about £2500

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Now I am LIVID!

 

Ordered some stuff for my holiday over the net last week, and got a letter yesterday saying unfortunately the order had been cancelled because the card issuer had declined the payment. Guess which card it was?! But I wasn't too bothered, thought I had probably keyed wrong info.

 

But I have just tried to pay my Council Tax online today, and my card was DECLINED!

 

There is over £3,000 in the account - only wanted to pay £121.

 

Just rang them, and they said they hadn't declined it, but tried three times and got same message.

 

Something very fishy is afoot here, and I don't like it. :mad:

 

What should I do?

 

Any suggestions/help/advice gratefully received.

 

Thanks

 

Jo x

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Ok, I rang them again - quote: its the two websites I used the card on that have the problem!!!!!!!!!!!

 

They insist they have not stopped my card or frozen my account - "maybe I entered the wrong details?"

 

I am the Queen of armchair shopping - I know all my card details off by heart, and would not have input the wrong info 4 times!!!!!

 

So, after the phone call I tried to pay for something else on another site, and lo and behold the card worked!

 

Still think its darn fishy, but it must just be a coincidence - after all, the Abbey would never stoop that low, would they? ;)

 

Jo x

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yes yes yes i have a post titled the abbey squeeze i had sorta the same thing done to me i had spoke to them on the phone about my account 9the day before going to get some money out of the cash machine and it eating my card)THEY DIDNOT SAY THAT THERE WERE ANY PROBLEMS WITH MY ACCOUNT BUT WHEN I CONTACTED THEM ABOUT MY CARD BEING SWALLOWED UP THEY SAID THAT I HAD BEEN NOTIFIED WHICH I HADDENT THAT MY ACCOUNT HAD A ABUSE RESTRICTION ON IT AND WHOULD BE REVUIED IN 3 MONTHS I AM AT THE MOMIANT DEALING WITH THERE COMPLAINTS DEP AS I WAS NOT INFORMED OF THIS ..I TOLD THEM THEY WERE PUTTING THE SQUEEZE ON BECAUSE I WAS CLAIMING BACK MY BANK CHARGES...I STILL NEED TO FIND OUT IF THEY CAN DO THIS LEGALY

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Oh my God thats awful badboy - I really hope you get it sorted x

 

But thats exactly the sort of thing I think they are up to with me, and I think I know why:

 

We opened a parachute account before we started the whole process, just in case, so there was not as much money going into the Abbey as usual, just enough to cover the bills. Didn't move all the DD's - thought we would do that at a later stage.

After we had started the claim, we received a letter saying they had noticed the way we ran the account had changed, and they may have to consider withdrawing the overdraft - what a surprise!

 

Anyway, last week - 5th June to be precise - we paid a very large cheque into the Abbey, the proceeds from a loan which had to be paid into the joint account unfortunately,:

Coincidence 1 - it was the 6th June the GoGW was put into the account.

 

Lunchtime today my card is declined:

Coincidence 2 - I transferred a large chunk of the cheque proceeds into my Nationwide savings account on Friday, which cleared in there this morning. Most of it is already spoken for, but I get a good rate of interest from the Nationwide, even for a short time, so why the hell not?

 

Seems like they are monitoring the account very closely to me, but none of the above constitutes abuse of the account. I am entitled to move my money wherever I like. Problem I have is now they have seen that money they will think I don't need any more from them!

 

Sometimes I really wish I had never opened this can of worms; the way bad luck follows me around, I think this is just a taster of what is to come.

 

Jo :confused:

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Hi Jo,

im sorry the Shabbey are being so awful to you makes me so :-x :-x :-x

 

I have had no trouble with Shabbey so far touch wood, but I have moved all my direct debits, pay check to my new Barclay account.

 

If I was you I would leave the account dorment moving all DD's etc asap its best for you. I have just moved my last one which is for my Abbey Loan which is for a loan for £7500 which surprise surprise is around the amount they charged over the years cheeky beggers!

 

Remember the only reason they are doing this because they want to rattle you, keep going and get back all you deserves.

 

Big Hug of Surpport

 

Leecabs :)

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Aw thanks Leecabs:)

 

Just a bit down at the moment, and probably over-reacted. Other half gone to Gibraltar to work, and I am left looking after kids, house etc and this claim on top. Just feeling sorry for myself. :(

 

And I can't move some of the DD's yet because they are in joint names and need his signature on the new instruction - blooming typical!

 

Thanks for your kind thoughts, I will pick myself up and try to carry on regardless!

 

Jo xx

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Hi badboy

 

I can't find anything in the T & C's about restricting or downgrading your account, only these two clauses, which you may already know:

 

16.4 Terminating or suspending use of your card or cheque book

 

a) We may terminate or suspend your right to use a card or cheque book at any time if we believe that it is necessary for our protection. Unless we consider that more urgent action is necessary, we will give you at least 7 days' notice.

 

24 b) We may close your account without giving any reason. If we decide to do this we will, wherever possible, give you at least 30 days' notice unless there are exceptional circumstances, e.g. fraud.

 

What I couldn't find anywhere is where it says, or should say, what recourse the consumer has should Abbey take action as above without proper grounds. Any contract surely must be retrospective; it cant work that one party can take action and the other party cannot challenge that action if it believes the action taken is unfounded. (Hope you can make sense of what I am trying to say!)

All it says is that you can close the account/cut up your own cards if you so wish! And also that parts of the contract are governed by the Consumer Credit Act 1974, but only if you have signed the agreement binding you to the legislation of the Act.

 

You have got me going again now - heads spinning again!

 

Gotta go feed my hungry monkeys now, but I will do a bit more research later and get back to you if I find anything.

 

Jo xx

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Was ironing and took a break - and sat on my glasses and completely trashed them!!!!

 

So am struggling to see computer screen, but all I will say is could not find any other info - Abbey seem to be hiding - followed loads of links on their own website for help re T & C's but pages have been deleted. Funny that!?!?!

 

Good luck

 

Jo xx

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Its just happenned again!!!!!!!!!!!!:mad:

 

Went to pay for something and card was declined. Can't ring them again - so mad I am sitting here in tears.

 

Anyone got any suggestions as to how I can sort this out please, please please!

 

Jo xx

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I know the feeling!! It happened to me already. I had r5ang Abbey this morning asking about the description/amount of chargdes that will be coming from account:mad: today and was told, sorry cannot help as all our systems are down. It could be that they are 'genuinely' down or as usual they are 'shabby'. Not a lot u can do if systems are down. I'd ring Abbey- 08459724724.

 

Andy

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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Oh I see - thanks so much for that Andy. Has made me feel better to know that maybe they are not victimising me then. :D

 

Thanks again

 

Jo xx

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Remember Jo, CAG is always here to help and give you support needed to help you get back 'ALL' your bank charges.

 

aNDY

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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Cheers Andy xx

 

Ok guys - I have been thinking for the last week or so that I have REALLY screwed up on my LBA, but was too embarrassed to ask anyone coz I would look stupid:o - no change there then!

 

Well here goes:

 

When I sent the LBA, I included a spreadsheet of charges that I had compiled myself using the calculator on MSE.

 

After "talking" to people here, I was advised to use the spreadsheet from here, and also to put in the description for each charge. I actually just amended my spreadsheet, inserting a new description column and copying the formula across for the interest calculation - seemed easier and it worked!

 

Anyway, when going through the statements to fill in the description, I realised I had made a mistake - EEEKKK!! I had entered one extra charge for May 2005, and I had missed out one month entirely. Having amended the spreadsheet, this increases the total charges by another £120.

 

So, am I in the doggy doo then?

 

The 14 days is up on the 21st, and I intend to submit the N1 on the 22nd, but if I submit a claim for even more than I originally asked for, will it all fall apart?

 

Also, my original claim is for April 2001 to March 2007, but obviously April 2001 is over the 6 year mark now. Do I have to change it for the Court claim - ie June 2001 to May 2007, or does it count from when you originally ask Abbey for the money?

 

I am sooo confused, and so all are of you now probably!

 

Seriously though, any guidance on this would be really appreciated.

 

Thanks

 

Jo xx

Six Nations Champions 2009

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Grand Slam 2009

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Hi Jo,

 

When you submit your claim you must make sure you put in the correct charges, if you want I can take a look at your charge form send me a PM with your e-mail address.

 

I would only claim back to June 2001 up until present day (6 years), the main thing is you claim the correct amount when you enter the N1. I think a seperate claim would be best for the earlier charges after you have completed the main one, otherwise things could become more clouded leagally.

 

Regarding the amount on the LBA being different to the N1 claim does anyone know if this matters I dont think it does?

 

Cheers

 

Leecabs :)

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