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    • written to my MP but Im unsure what can be done. The carpark is under council ownership, im not so sure it was previously, but either way.
    • remember you do not await any returns you must file your defence by 4pm day 33. i notice and have edited your defence filing date of 1st feb you put in response to our questionnaire. the corrected date is by 4pm 15th feb.   plenty of lowell claimform util threads here to read           
    • Hello there!  an update and a further question for you please..    Letter was sent back to Drydens Fairfax within  the 30 days disputing the claim due to student loans deferring the loans each year.     Received a letter from Drydens on 11/12 acknowledging the letter,  saying that the account had been put on a temporary hold whilst they contact their client with details of the query and that they will inform us as soon as a response is recieved from their client.   Then yesterday another letter of claim arrives, exactly the same as the one they sent in Nov, with no response to the letter we sent back to them in response to the previous letter of claim that they sent in Nov.      Do we just need to send another response back as we sent in Nov?   What are they playing at?   SLC never replied to the SAR that we sent off in Nov either.   Thanks again for your help with this.
    • not been reading up during the down times between each stage on here? so you know whats to come next at each stage and thus what to do? part of cag is self help.........   LEGAL : N180 Directions Questionnaire (Small Claims Track) **Correct at Sept 2016** - Legal - Consumer Action Group   i would recommend you do not give lowell sols your email/sig/phone - leave those blank on their copy  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

abroadgirl v Abbey


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hiya everyone

tyvm to kia for letting everyone know here i was awful not being able to get on here so fingers crossed it is ok now i spent from 8am till 3pm giving it out etc well im here just now

well here is my update

************************************************

Yep i got a letter from the courts i phoned them up and she said i am well ahead of myself i laughed ok yes you guessed

its stayed upon the courts own motion the court has made this order of its own initiative without a hearing if i object i must have the application to be set aside

does this mean thrown out etc cause ive done it already but will do it again now laughs i did this a while ago lol

 

what is a proper officer/

 

the rest i think you all know what it says

it is ordered that

please see attached order

it goes to say that the papers in this claim were considered by proper officer the norm

test case

 

etc etc

 

then it says it is ordered that

the claim be stayed etc etc

 

so as i have already told the courtss before this i wanted it lifted

etc

so do i do it again i think so

and what does proper officer mean or is it a name of a person lol

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxxxxx

oh sorry kia

yes i used the letter that you gave me and added more

tyvm

hugs

abg

x

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so glad love did wonder dont know what proper officer is maybe someone else does love and yes i think you have to do it again but dont quote me as i dont know whether there are many who have got stay lifted so might be a waste of energy but see what chris thinks eh :Dxxxkia

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hi love well i sent it about a month agao then with the n244, i have just faxed them again asking do i have to resend anything to them i gave a chuckle to myself really as she said i was well ahead of myself at least they arenot saying they havent got them cor id hate to see my file laughs

 

i forgot to say i emailed inga before i had the probs with puter etc

the reply i got when i got on here today eventully was

 

 

Dear Ms xxxxxx quote the rudeness Ms not Mrs

we refer to your two emails dated 17th sept 07 sent at 7-08am and 7-15am.

on our enquires to the court we note that this claim has now been stayed.

to end this abbey national plc will not be responding to your request for information and clarification under cpr part 18 at this time

inga kirkman

***************************************************

so what do u think of this then

i also asked for a copy of the agreement i supposed to have signed

i dont remember signing anything to be honest

and if i did i would have it with everything in the filing cabinet

mmmmm

hugs

abg

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maybe love but it depends do u keep records going back a good way what sort of agreement is it for a currant account?and as for email its probably a fairly standard email that they send to everyone its not really fair though is it staying everyone just like that but looks as if knitting circle has another member :Dxxxkia

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hi as far as i can see i went in shabbey and asked to open an account etc they did a cheqwque on me like they do then she opend my account and took my money think it was a thou i opend with and she gave me the docs and said id get the rest in the post i havent got anything that i signed anywhere so maybe that is why she said no im not getting owt else hahahha

i remember the woman as she is still there

 

i will look and see in the threads if anyone has had there stay removed and won etc catcha later

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

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well look at this

i have been going throu some of my stuff and look what i found

 

well i have just seen i do know that i sent a judgement to the court as

it said on the form request for judgement

at the top it said that my claim was issues on the april 2007 the court sent it to the defendant by first class post on 12th april 2007 and it will be deemed to be served on 14th april2007 the defendant has until 30th april 2007 to reply.

okay i sent a request for judgement 15th may 2007 given the benefit of the doubt

but i got a letter back from the court with a copy of my request for judgement there letter dated 22nd may 2007 saying that i return herewith your request for judgement as a defence was filed on the 10th may 2007

 

so i didnt do anything

any advise please or am i now too late or can i still being this up

ty

hugs

abg

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ermm good question love i dont know might be a question for gary h that one i think it might be too late but youll need to check it out with one of the mods that and there havent been many that have had stay removed some have though shout for a mod love and ill bump this :Dxxxkia

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Application for removal of stay.

 

I am contacting Abbey National PLC,

For a removal of stay with Blackpool county court on the grounds of hardship.

As you are aware I have taken the steps at blackpool county courts in which have had a stay put on my claim I have tried to settle with abbey as directed by the court district Judge Law but without settlement being offered I am now writing to you on the grounds of hardship and hopefully we can get a lift of stay between you and myself.

Benefits are set to a minimum

To cover basic requirements, to live on. The bank Abbey has caused a lot of hardship for me by ways of struggling to live on what little was left for me abbey continued to take these charges from my bank account out of my DLA, SDA, Mobility (DWP) wrongfully debited these charges was taken out of my benefits paid in by the DWP.

Abbey deprived me of my basic living essentials there were times I couldn’t afford to by xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxx, this may seem to you stupid at not being able to buy them but when times are hard we have to do and manage the best way we can and if that means going without then so be it.

I am only because of little that was left for me as I had to try and buy very little food and other items gas electic for my metre, I found myself having to use toilet/kitchen paper even to the extent to cut hand towels so I could use for my monthlies as I couldn’t even afford the price of them which is a few pounds that few pounds could get me bread potatoes milk tea and whatever else to make it last for me.

Living on SDA, DLA, Mobility Benefits And my husband getting incapacity benefit low rate for ill health, this is the only income we had in which we had to try and manage on these as well as pay our mortgage at that time.

Some of the embarrassing hardship that has been caused the Government did not take into account that the extravagant bank charges, which reflect a disproportionate burden on those who are in, recite of benefits.

My husband lost his job due to ill health chronic sciatica, groin pain, which the pain goes in his legs, we were let down by payment protection after a year which then led us to having to sell our home to sell your house and rent it back because of the arrears we owed, due to the hardship of charges being taken and having to sort out what to pay and what to get with little money that was coming in.

I have found it very difficult being disabled me having health. Problems

 

We have had to take a loan out from greenwoods to help us in which had abbey had not taken

 

 

these charges we would not have had to suffer.

 

I hope you will be able to come to an agreement with me otherwise if I do not hear from you within 7 days of this dated letter I shall be contacting the courts.

 

 

 

Yours sincerely

 

is this letter alright for abbey and court do i remove anything or add more thvm for helping

abg

user_online.gifreputation.gif vbrep_register("1153772") report.gif

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28th September 2007.

 

 

Dear Sir/Madam

Hello, i know that you may have millions of letters and that there are millions out there who are re claiming bank charges. I am also aware of the oft test case.

But please can i say a little about me. Thank you.

 

Sir/Madam

I started my claim December 2006 Long before the OFT Test Case came out I have 6 hard back folders with all my info letters actions but i am getting know where with this, Excuse im crying at the moment.

I was given by blackpool county courts claim no 7BC-00958 a judgement for which abbey was to respond by 30th april 2007, by district judge law for abbey to have there papers in by 30th april 2007, i wrote to blackpool county court on 15th may 2007 stating that i am applying for judgement on the grounds abbey had not sent in there documentation, i then got a letter from the courts dated 22nd may 2007 stating that abbey had sent them on the 10th may 2007 I was not sent a letter to this effect but abbey were late in sending there forms back by the 30th april2007 like it said on the court paper, then by district judge law of but no i kept blackpool county court sent a court paper with directions on saying that both parties were to decide to come to a settlement between both parties by 17th august 2007 in which i have tried and tried with abbey national about a settlement figure £6,500.00 in which i had drop the originally amount but no they ignore my phone calls faxes emails then i did get answers they are not willing to a settlement figure again i stressed that by the directions of district judge law this was the directions to follow in which i have many times contacted ronan. coyle, inga.kirkman, on many occasions but then all i got was the letters about oft test case and they are not willing to a settlement. i was only doing what i was told by the directions of the court judge law.

My last letter saying the matter is closed until the test case in which i am now in the process of trying to lift the stay along with n244.

Sir/madame i am now not knowing what to do as this has caused a lot of hardship on my part, and the charges was taken from my benefits in which i sent to the courts and abbey the social security admin act 1992 and unlawful bank charges following an arrestment of welfare benefits which states a trite law that tax credits and other social benefits are exempt from a levy of a charge these monies remain exempt from such insofar as such monies can be clearly identified within an account where they are not allowed to take charges from benefits.

I have tried and tried but keep getting the test case in my face this is not a recent new claim but an ongoing claim which has been into effect long before the test case arisen.

 

here is my latest letter to keep you updated but i have done everything by the directions of the judge's directions and much more. I do have 6 hard back folders of all correspondence and charge statements from 2000 up to 2007. including spreadsheets of charges and benefits going in here is a letter being my latest one for you too see may I Thank you for your time.

Application for removal of stay.

 

I am contacting Abbey National PLC,

For a removal of stay with Blackpool county court on the grounds of hardship.

As you are aware I have taken the steps at blackpool county courts in which have had a stay put on my claim I have tried to settle with abbey as directed by the court district Judge Law but without settlement being offered I am now writing to you on the grounds of hardship and hopefully we can get a lift of stay between you and myself.

Benefits are set to a minimum

To cover basic requirements, to live on. The bank Abbey has caused a lot of hardship for me by ways of struggling to live on what little was left for me abbey continued to take these charges from my bank account out of my DLA, SDA, Mobility (DWP) wrongfully debited these charges was taken out of my benefits paid in by the DWP.

Abbey deprived me of my basic living essentials there were times I couldn’t afford to by sanitary towels for my monthlies this may seem to you stupid at not being able to buy them but when times are hard we have to do and manage the best way we can and if that means going without then so be it.

I am only because of little that was left for me as I had to try and buy very little food and other items gas electric for my metre, I found myself having to use toilet/kitchen paper even to the extent to cut hand towels so I could use for my monthlies as I couldn’t even afford the price of them which is a few pounds that few pounds could get me bread potatoes milk tea and whatever else to make it last for me.

Living on SDA, DLA, Mobility Benefits And my husband getting incapacity benefit low rate for ill health, this is the only income we had in which we had to try and manage on these as well as pay our mortgage at that time.

 

Some of the embarrassing hardship that has been caused the Government did not take into account that the extravagant bank charges, which reflect a disproportionate burden on those who are in, recite of benefits.

My husband lost his job due to ill health chronic sciatica, groin pain, which the pain goes in his legs, we were let down by payment protection after a year which then led us to having to sell our home to sell your house and rent it back because of the arrears we owed, due to the hardship of charges being taken and having to sort out what to pay and what to get with little money that was coming in.

I have found it very difficult being disabled me having health. Problems through all this upset it has now left a slight murmur and palpitations

 

We have had to take a loan out from greenwoods to help us in which had abbey had not taken

 

 

these charges we would not have had to suffer.

 

I hope you will be able to come to an agreement with me otherwise if I do not hear from you within 7 days of this dated letter I shall be contacting the courts.

 

 

 

Yours sincerely

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

Thankyou for reading this and for any assistance you may give to me i know i am not the only one but i really have tried and done my best to do what was directed to me by the district judge law of blackpool county court.

 

Thanking you very much .

okay!!!

i am feeling fed up had enough etc etc so now i have emailed the houses of parliment judicallaw etc etc

and to hell with the embarresment i didnt delete anything

so would you like to see what i sent okay nothing but the truth so if i get in trouble at this point i dont care!!!!!!!!!!!!!

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well its worth a go love cant see abbey caring but the judge might you never know might take sympathy on your ciccmstances what you got to lose eh xxkia

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hi well i got an email from the house of lords asking if i had any documentaion

i must be in possession of an order of a lower court against which is permissible under the practice directions to appeal or to petition for leave to appeal '

it wasnt clear to them if i was in a possion of such an order

it went on to say

if i have an order i wish to appeal against yo sed it and will be examined and will advise me as to weither or not the house of lords can hear my case if they have a jurisdiction to hear my appeal then they will.they will write to me....

at this stage they only need the order itself nad not any other document end

guess what i sent the letters and the 2 as stated in my last post

in fact i faxed it to them

so i might hear on m monday

i sent the notice of issue/judgement n205a where abbey should have sent theres by the 30th april and they didnt the court geot them on the 10th may

2nd one n24 standard order for stay for settlement where both parties had to try n settle by 17th aug

 

so now lets see what they decide

apart from that i have heard nothing from the courts here from blackpool except that when i phoned them they have a back log

 

oh did i tell you our local mp has the listed bvelow and i have emaild cherie blair even thou she dosent agree with it shes getting it as well.

hugs

abg

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Sorry about the delay in replying.:)

 

So where are you up to now then, and what did you need help with exactly?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi abg, if I can help you in anyway please let me know.

Simon:)

  • Haha 1

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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good morning all, how are you all thankyou for your replies

simon & gary i have pm you both tyvm

well i have no news as yet as soon as i do i will post here tyvm

if anyone is waiting on news from the courts as far as i know the post is going on strike again so i guess it phone or faxing abbey or the courts

friday 5th sat 6h mond 8th and tues 9th its a pain isnt it

so if anyone has anything they want to know or have get phoning or faxing

well im off for now ty all for all your help

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxx

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whilst trying again for the settlement from abbey heres what i got

what kind of letter do i do now

 

dear ms miller we refer to your two emails dated 17th september at 7.08 am and 7.15am

to this end abbey national plc will not be responding to your request for information and clarification under cpr 18 at thisw time

 

so what do i do now leave it or another letter?

it s our wedding anniversary on thursday 4th we was going away but not now gggr

arh well ty everyone

hugs

abg

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hi just to let everyone know that there is a planned postal strike so anyone who is waiting to hear from the courts or abbey its best phoning or faxing them

 

postal strikes are

friday...5th october

saturday...6th october

monday...8th october

tuesday 9th october

 

and as from monday they say that all posties will not be leaving the sorting office till 10 am

thought id let u all know

hugs

abroadgirl

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i would leave it but get the others opinion as well love dont just take my word for it cos i think theyll either just ignore any other emails or youll get another reiterating what that one said sorry love :(xxxkia

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