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    • ah good. changes things then. but you must reply to them within 30days. we'll deal with that later.   now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?   what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.   can you expand upon the how the handback came about and what they did and didn't say?   all of the above if true bodes well to p'haps buffing this debt away .   dx
    • Hi dx,   The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.   No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.   Thanks!
    • Thank you both. My defence was as vague as their Claim.   1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.   2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.   3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.   4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.   5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.   6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
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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
      • 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
      • 33 replies

abroadgirl v Abbey


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hi feater

sorry ive been looking for my thread well nothing yet so now i want instead of me waiting till 17th august as district judge law has said for abbey to respond in settlement is there a letter i can put to abby or inga to pay up and how do i word it i have put this somewhere i carnt seem to find it ty for all u help and replies everyone

hugs

abg

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hi

i am fuming

i have just recived a letter fro debt management in edinburgh, asking for £329.75 charges on going since 9th january i am fuming what do i do and say to abbey reguarding this

as most of u know i am taking action and shabbey has up to 17th aug to settlement by juge law

what do i do i phoned edinburgh and spoke to a chap and told him but he still insisted on a paynment

help please thankyou

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Hi, he cannot insist on payment as the account is in dispute, just tell him that it will all be settled very soon, they you start a new case for the subsequent charges since you started this action, hope this makes sense. :D

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Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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hi lula tyvm for your reply ghee it takes me a while to find my posts but i get there in the end laughs click on my name here i am

ty will let you know the update

tyvm.

while i am here do i send abbey a letter to settle or should i wait till 17th aug ty

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hi tyvm all for your replies and i hope i am posting in the right forum i am trying to keep to a forum as i have been told so please i am sorry if yet again i am wrong

tyvm for all your help, i do find it a lil confusing so i am sorry for this, so it is the bank that has asked for this stay?

ok do i have a say in it all?

so if i havent heard anything from shabby by that date, can i send a letter/fax to blackpool court and have it thrown out

can i send a letter to shabby and ask for a settlement

if so how do i word this

thankyou for all ur help

abg

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good morning all

how are you all getting on

i have emailed and faxed abbey several times about my account and they have just replied a letter from a sandra pickard buisness manager customer account service excellence (thats a laugh)

she has just informed me my account was closed on 26th june 2007

i am now going to fax her and thank her in a nice round about way

what do u think

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i dont quite know what it is you want here? did they inform you that they were going to close your account? is this what you wanted?

 

oh i am asked a mod to merge this thread with your other one please keep to one thread, many thanks

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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hi lulu, i am sorry i have tried to follow the rules etc but it seems i am getting all mixed up i click on my threads and posts but it seems i am not doing it right to answer your q no i didnt know abbey closed my account untill today

i would like to thank everyone for there help but at the moment i am feeling upset as i dont seem to be getting anything right so i think i will contact the moderaters and apolgise to them then leave asw i dont seem to be doing the right things so sorry

take care and thankyou all

abroadgirl

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Hey abroadgirl, no need to go, Can i ask why they have told you that they have closed your accout

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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morning lula, tyvm for ur reply i dont know love i asked well i kept asking them why i couldnt acess my account they never replied then i couldnt access it online so after afew emails and faxes i got a letter telling me they closed the account 26th june they didnt inform me

hugs

abroadgirl

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HI ALL

JUST TO LET YOU KNOW I EMAILeD INGA SHE IS ON HOLIDAYS UNTILL TODAY, SO I THEN SENT THE SAME EMAIL TO RONAN.COYLE FOR A SETTLEMENT HERE IS MY REPLY i got from him today

 

Dear Madam

 

Your email has been noted and we will get back to you in due course.

 

Kind regards

 

Ronan

 

has anyone else had this from him and if so did he make a settlement offer?

hope you are all alright

hope i have put this in the right thread

abroadgirl

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You are privileged, he read my email last thursday but hasnt responded. I am giving them until next thursday, then I will retracting my offer and will await to get the full amount from them when its my day in court.

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You are privileged, he read my email last thursday but hasnt responded.

Sounds about right, thats the response i usually get

:madgrin:

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hi everyone

post came this morning

guess what sh abbey sent me

THERE NEW TERMS & CONDITIONS

 

has anyone else got them?

I dont know why they sent me them i have no account with them now

abroadgirl

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As usual Abbey do not know what they are doing, is there a clause in the new one saying "if you take legal action against us we will hunt you down and shoot you as we are getting fed up with all these claims" lol

:madgrin:

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laughs icy,

ive looked and no dosent menion that hahahahahaaha lol

it does state that they will give u 30 days notice if they are going to close your account huh

they gave me no notice and i faxed and emailed several times about it then i found out recently they closed my a/c 26th june

 

how long do i give ronan before i email him again?

well i am wanting to go to eygpt for a month laughs lol

abroadgirl

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I think it is highly likely you will join the ever growing ignore list, i read somewhere that on friday somoeone got an email from inga saying they are not going to enter into any further negotiations until the OFT report has been concluded, if i were you i wouldnt waste my time any further trying to get them to respond, its just not worth it, dont give them the chance to think they have got one over you.

:madgrin:

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update...............................thankyou for all your replies

well since my last posts i havent heard anything like you said icy sao i will wait till the 17th if i havent heard anything as that is the date district judge law from blackpool coputny court gave so what do i do then do i fax the court and ask for a is it strike out? i remember reading somewhere but not to sure where ty all so much good luck with your

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