abroadgirl v Abbey

[abroadgirl]

happy belated birthday wishes to our very owm

simon

was his birthday yesterday

happy birthday to those who had a birthday yesterday as well

also happy birthday to my hubby its his today 18th

happy birthday to those who is celerbrating there birthdays today as well

hugs

abg

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[abroadgirl]

hi jan

tyvm for popping in

its great news for simon and yes im keeping it up ghee i wish they would just pay up like we are all wanting im off now in simons thread its great news for him

sp8 soon

hugs

abroadgirl

xxxxxx

[abroadgirl]

hiya chris or bless u will get there honest it is bloody awful the carrying on with the banks fees indeed and what a carry on with yours claim them back i didnt have the chance they closed mine without telling me but i am still carring on with them i have a date 8th jany at 2pm to be honest im sh*****g myself as i can be a nervery person but i say no i am going to be strong and i have to be strong its awful isnt it

are u claiming them back and it is there fault u closed and cancelled go get them chris

i am sorry but i have to dash for now stay strong

loveloy to see u

hugs

abg

[abroadgirl]

morning all

well im here popping in as im full of the flu

how are you all

hope you are all keeping up your sprits and attacking shabbey

wouldnt it be lovely if they would pay us all out in time for christmas esp us with the hardships we are facing esp now chrimbo is comming

oh please dont anyone who get a teddy call it M*****d oooppppppsssss!!!

well keep up the fight and

if i can help anyone or anything in my thread helps you please do help yourselfs

take care

keep warm

hugs

abg

[abroadgirl]

hi jan tyvm i havent heard anything as yet lol

will give it another go i will look in a & l thread

hjiya stone tyvvvm for the rep on scales ty

how was ur hols

wow 28th jany thats my birthday

i wish u well

not heard from simon i hope he is alright good luck to kia she is at court this morning at 9am

i still have the flu its rotton

take care all

hugs

abg

p.s. stone if u took me on hols i wouldnt have this flu u just dropped the bag and off u went n left me hahahahahahahahahahahahahaha

[abroadgirl]

hi janus

ty for your post

message

 

it is in the hands of the fos i havent heard anything i hope so as if not i am in court 8th jany so then i will have to get things sorted out what i have to take with me

will keep you updated tyvm for all your help

hugs

abg

x

[abroadgirl]

merry christmas everyone

 

 

morning jan

still nothing apart from an acknowledgement letter from fos

hugs

abg

[abroadgirl]

good morning all

hi jan

hope u all had a good christmas

well here is what i have recived from inga kirkman

bear in mind i havent had a reply to my letter/fax 6th dec 07

anyway i asked her about the charges coming out of benefits here is the 2 replies i got this morning

 

without prejudice

the courts dont like that

 

dear ms miller

abbey national plc has not ignored your efferts to resolve this matter your emails have been responded to on each occassion

yeah after me sending reminders and no mention of the faxes either

i confirm that abbey nation plc has been made aware of your correspondence and in view of the imminent commencement of the TEST CASE

LITIGARION MY KINSTRUCTIONS remain to object to your application seeking to lift the stay currently in place

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

 

2nd reply

 

Dear Madam

i have not personally examined your account and nor do i have access to your account to do so therefore i cannot respond to your question

however with respect your analyisis of the law in so far as it relates to any bank charges fees, which fees are paid out of the procceeds of any bank is incorrect.

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

 

i dont understand that bit is inga kirkman saying that the DWP/SOCIAL SECURITY benefits acts are wrong?

or is she saying i am wrong that charges wasnt taken from benefits

i have it all here as it was the only payments going in my account DWP and mobility

thanks for any help please

abg

xx

[abroadgirl]

good morning jan & chris

tyvm for your replies i will def click ur scales again if i am allowed lol

to be honest i feel like giving up now i am so confused, i sent abbey the first letter regarding everything 6th dec they never replied untill the letters i posted here think it was 26th only had one reply to everything i sent fos....said they are busy and dealing with it etc

i got an acknoowledgement letter

i feel i cannot carry on any longer cannot cope and 8th jany running throu my mind all the time

i have seven hardback folders what do i take with me

what do i say

i havent a clue and i can get highly strung do i get a barrester do i not go

i really dont know what to do as i have tried n tried and now i am at a loss loose end

one thing i didnt tell u but have told fos but i didnt tell my doctor why but i did tell him i feel like ending it all i cannot cope any longer

still here is my lastedst email and then i faxed fos

 

heres what i faxed and emailed fos

 

Dear Sir/Madam

Thank you for your letter dated 10/12/2007.

I have on the 26/12/2007, received a reply from Inga.Kirkman in which I am enclosing with this letter faxing to you.

I am somewhat puzzled as I have applied to abbey on hardship case but again this is the reply I have received.

I know I have faxed yourselves a few papers, but I didn’t think the social security benefit act wasn’t correct?

Also in the paper work I have got it states that FOS section 3.7

3.8

3.13

That banks should treat customers in financial difficulty positively and sympathetically which abbey has not in my case also, the subscriber should leave the customer with sufficient funds for day to day expensive abbey have left me heartbroken and as I said when I went into see the lady in my local branch all I got was I'm sorry there is nothing we can do I said what am I going to do you have left me with nothing till my next payment- nothing was done.

I am disappointed with abbey who they closed my account without telling me in june 2007-12-28 please could you be kind enough to email me or fax to tell me if these social security benefits acts are correct or not , if not I would like to know why it is printed on paper?

I am upset by all this which isnt helping my health at all abbey are to attend court with me on 8th jan 2008 and I feel I just cannot cope anylonger as this has been going on since december 2006 I did on one occasion go to my doctoers and told him I just feel like doing myself in with all my health probs angina I cannot feel I can cope anylonger with them and inga and ronan.

I am sorry to burden you with this but it is how I am feeling

Enclosed is letters I have from inga.kirkman also as I told her by email that I have got replies eventully after me continuing to email fax but I have not had a reply from the hardship letter I sent to both themselves and yourselfs on 6th dec 2007-12-28 thanking you so much for your time and effort in helping me with this case I feel I can no longer carry on .

Yours sincerly

Regards

thyyyvm for all ur help you really are my stars n gems

may i wish you both and all a very happy new year

hugs

abg

xxx

[abroadgirl]

hi jan not that i know of going to check now love sorry

abg

[abroadgirl]

tyvm jan do i just copy this tyvvm

hugs

abg

[abroadgirl]

awlula tyvvm and to all site helpers

i am that confused and upset i have 7 hardback folders i is doing my head in as i said i feel i cannot carry on and blowing it all in ive done nothing but worry and have taken too asthma attacks a bad one the other day where i had to jump on the fooor for attension they said i was as whiter than sonow it was horrible i am frightend incase i take another one that was a bad wone well enought of me

please can you tell me what i need to send you please

and i have to do another charges sheet which is doing my head in there is i feel so much i really dont know please can you let me know what i need to send to you please tyvvm to you and all for your help

hugs

abg

[abroadgirl]

tysvm i will get my ni

as since then i have found alot more out so i dont think it is in the ni form i submitted to the court apart on the grounds about having the stay lifted will get it for u

tyvm

hugs

abg

stone pm me where about you are

tyvm

[abroadgirl]

here is my n244

 

 

PART C

The charges has caused hardship and have been taken from my benefits there were charges at one point of over £115 pounds taken from my benefit I have previously enclosed and sent to the courts, bank statements, where you will see this charge and many more that was taken out of my benefits which has caused many times hardship there was also an ongoing charges which lead to £329 in ongoing charges repeatedly charges for the same from January 9th 2007. these have all been sent to the courts manager along with my statements letters allocation questionnaire & court bundle my settlement offer was £6,500.00 to abbey I am enclosing all documentation which relates to how I have tried to settle with my bank.

I have abided by there ruling and advice but have had no joy and due to deliberate delay by abbey in finalizing an amicable settlement figure on my claim this has now taken me into the pending test case scenario and I strongly feel that if this test case had not been brought in at this point I would have now settled the claim and would not now be feeling as if the abbey have taken full advantage of the test case and its ability to manipulate the system to there advantage leaving me with no option but to literally "beg" for the settlement I have tried in vain to settle this out of court and are still awaiting a positive response and reasonable settlement from abbey under the courts advice dated 4th July 2007 instructed by the courts I am feeling that I am being messed around after the courts directions on coming to an agreement I am still trying to negotiate with them but they are not responding back to me.

I have contacted abbey Inga.kirham, on several occasions being her last letter to me saying

that abbey national will not be making any further settlement to you. They haven't made no offer at all and just say they will not until the oft test case in which my claim was in hand well before all this oft test case.

I have tried every way i can to make a settlement for this claim but failed with the non response of abbey attempting to offer any kind of settlement.

I have been left at times with nothing as these charges was taken from my DLA,SDA, & Mobility benefit payments made by the DWP. therefore i am now asking for a lift of the stay, and want to stop wasting the courts and district judge law's time and wasting there time when a settlement can be made or ordered by his/her right honourable judge law. This has affected my health considerable which now has left me with a slight mumour and palpitations through the upsetness of trying for a settlement, and the hardship it has caused me and my family in the past.

Thanking your right honourable judge law for your time in my case, also I am sorry for wasting your time which could have been resolved if abbey had offered me a settlement. I did send abbey a copy of the DSS acts 1 & 2 in which i am enclosing with this form

Under S187 of the ssa, benefit payments going into the account are exempt from a charge or levy.

Thanking you

Yours faithfully

on the front i asked for lift of the stay see section c which is above

tyvvm

hugs

abg

[abroadgirl]

oh tyvvm love it shouldnt be will go now ty hugs

abg

[abroadgirl]

hi stone i have added you to pm you should be able to use it now ty for letting me know

hugs

abg

[abroadgirl]

hi all

hi jan

well i phoned fos and was told that that it would be maybe next week before i har anything and if they can help etc the norm

after the responce it can take up to 6 months and has advised me to contact the courts solicitor?

he said they cannot do a quick fix

i didnt ask for that nor did i mention it

 

yes now love i think a last letter to sh abbery

can you help or do i just copy the one in your last post

tyvm for your help

hugs

abg

[abroadgirl]

i have to get cracking i need to do another spreadsheet but nothing is letting me excel or word any other help please as i have to send it in to the courts

tyvm hugs

abg

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[abroadgirl]

hi jan, hope u have a brill time looking forward to hearing how it went

 

stone is coming with me tyvvm

if anyone would like to come to see what happens etc you are more than welcome i have pink glasses on hahahahha

its at blackpool county courts on 8th jan at 2pm

take care everyone

hugs

abg

[abroadgirl]

hello i am wondering if anyone can help me please

i have the wrong calcalations added up and im at court on tuesday at 2pm is there anything i can do please

tyvvm

for any help and advise

hugs

abg

[abroadgirl]

hi caro, tyvm for your reply

it was stone who recognised this for me and told me

would it be best to tell the judge first or let him know before we go to court stone says its best to tell the judge on the day of the hearing?

hugs

abg

[abroadgirl]

thankyou so very much just been speaking with stone tyvvm everyone

hugs

abg

[abroadgirl]

oh my what can i say i carnt say itenough

i am very very grateful to stone, and i find i cannot thank him enough

i would also like to thank each and everyone of you here in my thread you have all been gems and are my stars, i thankyou each and everyone of you for everything to be honest i was going to as they say thrown in the towel but you all kept me going and i cannot stress enough how grateful i am to you all

THANKYOU SO VERY VERY MUCH

im feeling a lil down and my stomach is going over n over its just the thought of tomorrow but take deep breaths and look on the bright side i guess

thankyou all for everything

 

thankyou so much to those who has offered to come with me and help me with all this paper work, please if anyone does still want to come and see what happens and what they say please do at blackpool county court at 2pm

laughs youre all welcome

hahahahaha

lol

thankyou all

 

 

 

from abg

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[abroadgirl]

good morning all

again i cannot thank all of you enough and stone who was a real gem tyvvvvvmto a xxxx

 

stone has put everything in here so really there is no need for me to repeat although stone has put it better than me ty

now i feel i want to go all the way and go too the courts about the ruleing of the benefits etc what do you think stone shall we be the first then lol

 

also the judge said before he started that he HAD read my paperwork and that for his resons he sympathies with me and ghee i carnt think of the other word he said can you remember stone what it was i felt he was for me and stone my hubby and i really thought he was going to lift the stay didnt we stone,

once again thavvvm and for all your good wishes

hugs abg

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[abroadgirl]

forgot to say that yes it was judge law himself

and he turn to abbey rep and said abbey was wrong at at fault she sat reading the notes and makeing points before we went in and that i thought oh god look at all them etc i looked at stone and bless he looked at me nodded with a smile as much as to say dont worry love we have alot more to go on than her lol

but she didnt point anything out apart from what stone had said but i had to laugh to myself as when (dont know if stone seen it) but when they were reading the papers that stone gave to them the dj had read and then glanced at the rest and we all sat there waiting for the rep abbey think her name was jen, to finish reading hers she really read most of it as she kept looking at the judge then carried on now n then she would look up at the rep then she just glanced throu the rest and kinda give a sie, so she didnt read the rest as she must have felt embarresed all waiting for her heeheehehehe

we all left at about nearly 23pm so we were in a while with dj law he was smaller than me im only 5 1 with a stretch abbey rep must have felt at a loss well thats how she looked to me anyway

oh stone you forgot to say

wait for it

are you allowed to shake there hands?

well guess what

i held my hand out to shake his hand

i wanted to give him a what we call a proper hand shake omg that dont sound write hahahaha

and his hand shake to me you would say it wasnt a genuine one he shook my hand like the queen does finger tips if u know what i mean

yes abg shook the judges hand hahahahahahahah

arh well

if i am write he also said he felt that the case want strong enough to have the stay lifted although he sided with me as i only told the truth and that with the oft case being near etc

what do es every thing the outcome will be?

think this also will be an interesting debate dont you on here

once again tyavvvvvvm

love ya all

hugs

abg

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