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    • I have AoS using MCOL. Slight issue in that it has an old address listed and I had no way of changing it using the system. I have emailed mcol@hmcts.gsi.gov.uk to ask them to amend/update, but don't know if that will work. Regardless, at this point I don't think it changes what i need to do - but correct me if I'm wrong.   So, next step would ordinarily be "get a CPR 31:14 request running to the solicitors asking for all relevant bills" Is that correct? Having said that, I have copies of the bills from Eon, and Lowell have also sent me copies of bills. Should i still go ahead with this regardless?   Folowing this, my next step would be filing my defence, correct? And, now that I've done the AoS. I'd really appreciate a sanity check on when I need to file my defence by if that is indeed the next step.   I'll be looking at more threads. I'd like to be able to put all of this to one side until Feb 3rd (I have an absolutely crucial - 5 years of work to get to it - deadline of 2nd Feb for something I'm working on that is totally unrelated but is eating up all my time until then). Am I correct in thinking it's okay to leave this until Feb 3rd now??   Thanks again for your help thus far. Donation made.
    • Thanks for your reply. We didn't even know they issued us with a ccj until I target got a credit report and it come up, we had no paperwork warning us.    I don't know when the ccj was issued just know on my credit report says it get removed oct 2020.    Mortimore Clark are welcome finance solicitor as far as I am aware... Nothing to do with the ccj.    I know the ccj has been added to our property as end of this year we will be in position to pay of mortgage and its £18000 more then what we owe and mortgage company said its a charge for a loan so in theory we may pay it twice if I am paying solicitors (well in small amounts) 
    • and you can't click on the enter a defence option. sometimes we've found you can.   you should have come here sooner an we would have made sure you did it right...  
    • get an sar off to welcome they can't refuse.   who are mortimers client, the claimant of the CCJ and the charge upon your deeds.   welcome would have added £1000's in unlawful penalty fees for everything from letters/phonecalls/arrears fees/it's raining today, your fault. when was the CCJ attained too please?  
    • We applied for a joint loan for £9000 in 2010 which was secured against our home, in 2012 we were declared bankrupt but because we kept our house the loan stood while we were going through our financial problems we defaulted on the loan.   We had then started making payments but with all the interest etc it went past the £9000 we originally borrowed. We got the loan down to £6000 then hubby lost job and we seriously couldn't even afford to pay a penny and again it built back up.   The debt is now with a solicitor and now we owe according to them £18000. I have requested from welcome finance every payment we have made, every statement etc they have refused.   We are only making payments of £65 a month going to take forever but its also gone to a ccj which should have been removed on Oct last year.   Where can I go for help with the dispute over the amount we owe. Thanks   Solicitor is mortimore Clarke 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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    • 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

abroadgirl v Abbey


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happy-birthday.jpg

 

 

I am in court at 12:15 today, will let you know how I get on later.

 

to change your piccture go to user cp at the top of the page, click on it then scroll down to change avatar, and there you go

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Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

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Happy Birthday ABG, and hope you were succesful today stoney.

 

ABG I'm sorry you did'nt get the stay reversed :( but at least the Judge seemed to be looking out for you,:) and hopefully when the 'test case' is overish (soon) then your claim should be better looked on from the next hearing.;)

 

I are'nt going to court with the attempt to reverse the stay as I was informed months ago that it would'nt succeed from the court officer at the time, and I would be wasting my money (which I would not be able to claim back):mad:.

 

On a happier note on my 'chrisking1962 v Blemain finance' battle, I have won round One on the PPI fight and have almost had the whole of the PPI paid back (minus about £400) in total £2560 out of £2900 but that was after they added interest, so I reckon with the PPI starting at £2360 (at the front of the loan) and you total what I paid over a 12 month period in cash terms I think I have broken even. Just pure persistance and digging with the help of the mis sold argument and a legal document which did'nt have the PPI box ticked helped:D.

 

Now I am fighting for the £900+ charges they slapped on me in a less than 12 month loan length on a 18 year contract:mad: . I also think the FOS threat worked as they were about to contact 'Park Financial' (brokers for Blemain) regarding the mis selling of the product. So ding ding round two here we come.

 

The money will help pay some bills and finish some DIY which has been going on for years.

 

speak to you soon.

 

again Happy Birthday ABG.

 

stay fresh peeps

 

regards

 

chris xxxx

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hiya chris how did you get on

stone how did you get on was it dj law/bryce?

chris who was the dj you seen

 

well i have got a reply from shabbey the normal and nothing like i wanted they to me are beating around the bush and not really answering what the fos has said and that the claim is less than normal i still have to write a nice letter to the court see why in previous thread when we went to court i dont have to fill in anotherone n244 just a letter

 

yes chris the dj was on my side

so now i have to reply to abbey for the smaller ammount maybe they may pay up (roll-eyes)

 

here is what the letter says and it didnt come from mr nannon as the fos says they contacted him and he will contact me huh

i have scanned them will try and get it in here foru all as i want to do a letter back to them now

hugs

abg

 

 

 

 

 

 

 

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well it will not let me put it in here so i am going to have to typw it all :roll:

 

from copmplaints dept

i refer to your complaint about unauthorised overdraft charges. we believe that your complaint concerns the levels of fairness or lawfulness of the charges if it concerns something else such as admin error please let us know.

 

although we believe the charges are fair clear and lawful abbey along woth other banks and building soc 6 of them by the way

has become in voled in the legal procceedings with the oft in relation to unathorised overdraft charges which we believe will resolve the legal issues regarding the faierness and legalality of your unauthourised overdraft banking charges

 

it would be our normal approach to resolve your complaint through our interna; complaints process as quickly as poss ( mmmmeeeer dont think so when it takes them over a month to reply and acknowledge) thats a laugh

however untill the determination of the legal issues in the abvove procceedings we have asked the fsa to suspend the normal timetable for dealing with bank charges complaints and the fsa has agreed to thid request subject to the conditions that protect your rights

 

given this court case we have asked both the fos and the courts not to procceed with any other case they are hearing until the test case is resolved fos has indicated that as a general proposition it will indeed not to proceed with cases which rely on the legal issues being considered in the test case

similarly you should be aware that if you choose to issue a clain in the courts the bank will immediately apply to the court for an order to stay your action untill resolution fo the banks proceedings with the oft

 

we note that you have raised concerns regarding your finincial situation if you have any additional info to demonstrate you are suffering financial difficulties please send it to us in the encloseed prepaid envlope quopting the above ref no this will allow us to consider your currant situation

to avoid charges in the future please insure that there is enough money in your a/c to cover d/d s and other payments made you might like to consider cdontacting our telephone banking centre on xxxxxxxxxxxx to discuss your financial arrangements and if there is anything we can do to help

(thats another laugh they closed my a/c without me telling them and this letter is not answering anything really i have to let them have my details of the new ammount wich is less than it was orginally) i dont have an a/c with them since they closed it without my knowledge june 07

 

if yopu are experincing fianacial difficulty you might like to consider contacting debt counciling or organasations who provide free help what a cheek isnt it arnt they

 

consumer credit counciling service on tel no xxxxxxxxxxxxxxxxxxx

CCCS - Free Debt Advice from the UK's Leading Debt Charity bloody cheeky ......

national debt help line no .......... National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

alternativly contact cab

 

alternativly call our collecdtions and recoveries operations on ..............

who will be happy to talk through the options avalible to you ( i carnt belive this can you)

please note that if collections and recoveries become involed in the admin of your account it can have a detrimental affect on your credit bureau file

 

we are sorry that we havent been able to respond in full to your compplaint now (have they ever)

but we together with the fsa and the oft think that it is neccesary to resolve the key legal issues before we decide to respond to your complaint we can assure you that once the legal proccedings are completed we will resolve your complaint as quickly as poss and applying to test case principles if at that stage you do not agree (i dont)

with our conclusions you wil of coourse be able to refer your casde to the fos or to the courts

exactly what will happen next will depend on the courts we do not know how long the case will take we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months

to finally resolve

we can assure uou we have registeered your complaint as of the date it was orginally received and have stored it please retain your bank records as this will make it easier for you to support your complaint on resolution of the test case

we will kee[ you updated appropraitley about the procceedings with the oft case you can check the ;atest position on our website at Abbey : Online banking, Mortgages, Savings, Current Accounts, Credit Cards, Personal Loans, Insurance & Inves

the fsa requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it

customers for whom scotland is the most likely jurisdiction should be particularly aware of the following

1 you may choose to take your complaint against us to either the fos or the courts in scotland

2 your rights to refer your complaint to the fos will not be affected the fos provides a comvenient alternative to the courts and is free for consumers however as already explained you should ve aware that the fos has at our request deciced not to determine these complaints for the tome being untill the test case has been decided

3 however if you nonetheless wish to take your claim to the court in scotland you should be aware that the timinng of when you raise a claim against us may be imported as such you you may wish to seek independence advice on filing a claim now to protect your rights although you may have to pay a court fee, if you do this you should be aware thjat the bank will immediatly apply to the court to have your action on hold untill the resolution of the ganks legal procceedings with the oft

yours sincerly

richard harris

head of complaints

 

note not the person who fos said would be intouch with me

 

enc fos fact sheet

which is unorthrised overdrafts etc

 

so now i need to reply to this enclsing spreadsheet of the new charges which is less than the said amount

ty

abg

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I think in your position I would write back (copy to FOS) something like

 

I refer to your letter dated XXX . This is a totally inadequate reply to my complaint and is obviously just one of your standard replies. considering you have already sent a representative to court appearance case number xxxxx dates xxxx - your letter does not even make sense.

 

I commenced this case and registered my concerns originally in XXXX (date) and since then you have employed solicitors XXXXX to defend your case.

Also you refer to my account and advise me not to incurr any more charges??? Very difficult to do that as you closed my account without warning in June 2007???

 

Dont you think you could at least check your records before just sending me this nonsensical reply???!!

 

the fact remains that you have been informed on several occasions that I am a hardship case - you have not adhered to the recommend banking code practice in this respect - or to the terms of the waiver with the FSA.

 

I had no choice but to pursue my case through the court system and since then through the FOS. The court case caused me considerable anxiety and worsened my health.

 

Reference the FSA and FOS not being involved until the court case is settled you are well aware this does not apply to hardship cases in which you are obliged to at least consider the cicumstances - outside the court system.

 

I will send this copy letter to the FOS and would expect a more personal and appropriate reply within 7 days.

 

(enclose details of income and expenditure if you want to and the new spread sheet - also a copy to the court for their records?)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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jan

tyvvvm

 

for your help

is the intrest still 8%

and do i claim daily interest if so do u know what it is if i add daily interest tysvvm xxxx

 

chris & stone

how are you both

how did you both get on in court

been thinking of you all

hugs

abg

x

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Hi ABG,

I didnt get my stay lifted as the test case was in progress, but the judge liked my argument on abuse of process, but told me privately that he was not going to mention it in his judgement as he did not want to prejudice any later hearing, He said it was a sound argument and impressive " and will hold you in good stead at a future hearing" those were his words. so I think that like judge Bryce he was on our side.

How are things going with you, have you managed to sort out the revised spreadsheet yet? I will be back in the middle of next week (still in guernsey looking after my mum). If you need any help when I get back, just shout, you know where I am.

have you seen the bbc web news today, there is a link on my thread, but it looks like all stays will be automaticaly lifted this week, and banks in oft test case seem worried. so it may be good news for us at long last

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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hi stone

wow thats great and sounds really good what dj was it that u had

no i havent heard the news n fingers crossed they will lift and we all get paid roll eyes eh

i didnt know u have a thread can u give it me please ty

i was thinking of using the spreadsheet you did for me or do i just copy it not sure but thats the one i will use its just the intrest etc that is getting me as i mentioned in my last psot here

hope your mum is feeling beter

ty for dropping in and letting us know how u got on

well done love

abg

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Hi

 

S69 statutory interest at 8% is calculated on the spreadsheets you can use form this site. However it technically can only be awarded by the courts if you win your case. Having said that many cases settled outside court have managed to claim that interest.

 

As the judgement could take many months I think that as you are arguing on a hardship case you should still keep pushing the FOS to help you with your case. It should not have got to the court stage anyway. Keep pushing them to help you . Dont give up yet

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hi stone

wow thats great and sounds really good what dj was it that u had

no i havent heard the news n fingers crossed they will lift and we all get paid roll eyes eh

i didnt know u have a thread can u give it me please ty

i was thinking of using the spreadsheet you did for me or do i just copy it not sure but thats the one i will use its just the intrest etc that is getting me as i mentioned in my last psot here

hope your mum is feeling beter

ty for dropping in and letting us know how u got on

well done love

abg

 

Hi ABG,

well I`m back in circulation now. Use the spreadsheet that I gave you you , but do not delete any of the figures already on it just type over them. (if you delete the figures you will also delete the formulas and the spreadsheet will not work. If you have any probs just give me a bell. Hugs Stone btw it was deputy district judge Fowden that I had this time

 

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Welcome back stone - how's your mum?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi Steven, Mum is getting along well, thanks for asking. got some serious catching up to do now. See what is going on and how test case finished. Just have to wait for Judges decision now I suppose. I do believe that people should be checking on wording on stays, as some that were asked for by banks had a time limit and that appears to be running out.

 

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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  • 2 weeks later...

hi stone h r u how is your mum.

hi steven

hi everyone stone i am trying to get the 8% changed as on my sheet it says intrest date 12/04/2007 i am trying to get the new figure from 01/12/02 till 21/02/2008 and i carnt find what to do on the spreadsheet u gave me nothing has changed all i want is the new intrest figure so then i can fax it to abbey can you help please i still havent heard anything about the test xcase and what went on etc is there any way or anywhere i can go to read about it please

how is everyone

chris how did u get on what dj did u have in blackpool

how did u get on

keep up your fight everyone

hugs

abg

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Hi ABG,

 

If you used the calculator on this site, just change the date to the new date and hey presto!

 

Have'nt got a court date yet, and as for the 'Test Case' I have recently enquired at the 'Halifax CC' regarding the situation, and as the case is now prelimilary finished and awaiting the Judges decision on the 'Test Case' the Halifax CC has extended the 'Stay's' until the 28th July 2008:mad: , (exactly 1 year to the date when the court case was anounced!!!!:mad: :mad:

 

So it's going to be a long wait.

 

On another note, the Nationwide telephoned me the other day regarding my current Overdraft and when was I going to pay it off, (as it is only a small amount) I told them that because the ODraft was solely made up of charges I have NO intention of paying it and would simply add this to my current claim which is with the court and because they put a stay on the claim, I would simply add further interest to the account and would claim for this as well.

When the person toold me that the account would go into a default situation, I requested that they confirm this in writing so that I could then take legal action against the bank for doing this Knowing full well the account was in dispute and gave them some legal jargon regarding the same. At this point the lady on the other end of the phone did state that the Nationwide were offering to pay 50% of any claims as a one off opportunity, and not really thinking about it flatly declined the offer as I thought she only meant the Overdraft, maybe she meant the claim as well? who Knows.???

 

Anybody else had the offer???

 

on that note good night and god bless everyone, here's to the judges decision may we bask in his glory!!!;)

 

stay fresh peeps

 

regards

chris

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dont accept even if it is for your charges back as u want the whole amount not half but intersting if it was for you charges what do they know are the banks folding already ;)xxkia

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Hi Kia,

yes I think the banks are starting to fold with the inevitable outcome, so I'm going to confirm on the which banks are still going etc post to inform that Halifax CC has had an instruction from the higher end of things to extend the stays until 28th July 2008 exactly 1 year from the original aplication and acceptance from the FOS to grant the stays!!!!!:mad:

 

stay fresh peeps and keep going.

 

regards

chris

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thats a bloody pain chris july they are pushing it arnt they mmmm guess everyone else will follow i have heard a thing since the test case begun so im kinda lost with whats happening with it etc

please can anyone help i carnt seem to do it and it isnt doing anything so i dont know what im doing

i need the interest for 3,117.02

8%

also will there be daily interest to go with this or not?

i really do need this info so i can get it of to abbey ty

please if anyone knows how to do it will you pretty please help me by letting me know the interest on this figure so i can fax it to the shabby

stone what kind of letter do i have to put to the courts?

thankyou all for all your help keep strong and keep the fight up

hugs

abg

x

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hello everyone

my we are quiet

has anyone got any news or updates

come in and tell us

keep the fight up

my next move is

i have wrote to abbey yes you have guessed no reply

i have now wrote to them and i am going to enclose the dj letter saying about the charges and interest

i am still trying to get the interest on the amount in which i have already posted in here as i have tried and it isnt giving me the new interest up to today 1st march

hasnt this year gone quick my we will be buying for christmas next

happy mothers day for tomorrow to all the mums in here and out there

hugs

abg

xxxxxxxxxxxxxxxxx

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hello everyone

my we are quiet

has anyone got any news or updates

come in and tell us

keep the fight up

my next move is

i have wrote to abbey yes you have guessed no reply

i have now wrote to them and i am going to enclose the dj letter saying about the charges and interest

i am still trying to get the interest on the amount in which i have already posted in here as i have tried and it isnt giving me the new interest up to today 1st march

hasnt this year gone quick my we will be buying for christmas next

happy mothers day for tomorrow to all the mums in here and out there

hugs

abg

xxxxxxxxxxxxxxxxx

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morning all

well i have sent my letters off to abbey along with the order from dj bryce unfortunatly i have sent the charges with interest from 1/12/2002 up till todays date 3rd march 2008 as i was on the comp all day trying to do the 8% interest but it would just not do it for me so i couldnt wait anylonger so i have faxed it to shabbey as time was running out

so will update you when i can or when and if i hear from them

ty for all your help i will continue to try and get the 8% on 3,117.02 if not i will leave it but i am still trying oh my what am i like i have even tried on my cal oh dear all them figures where do they come from roll eyes

hugs

abg

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