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    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
    • we need everything scanned to one mass PDF suitable redacted after following our upload guide carefully.   dx  
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Hello All ** WON IN COURT **


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Hi

 

Yes I realise it is the spread sheet that I did, but what I was asking was what does bookworm mean in his court bundle by "Latest Schedule of charges".

 

Cheers

 

Andy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

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Hi again Andtroy, I would take that to mean that you print a new copy of the spreadsheet off on the day or the day nearest that you are going to send it as the interest will be accrued on a daily basis, you cannot add any further charges to a claim with out paying £35 to amend it, when this happened to me I just filed a new action against them for those charges, and got them back last week :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Lula

 

Thanks for that. When you filed the new claim which resulted in you getting the money back last week how long did it take the second time round from sending the letter off and getting the money?

 

cheers

 

Andtroy

N1 forms delivered to court for Barclays

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I sent the first letter to Abbey on 29th September and received the money into my account last week, so given that we are waiting for them to ignore us for about 4 weeks I think it was fairly quick

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Lula

 

Thanks for that. See I don't get this I sent my first letter off to Shabby back in june last year and still no money. But at least I can see the light at the end of the tunnel now.

 

Cheers

 

Andtroy

N1 forms delivered to court for Barclays

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  • 2 weeks later...

Hello Everybody

 

Just to say that yesterday I submitted the court bundle and sent a copy to the Defendent.

 

Well any time now they should cough up. Will keep you posted.

 

Andtroy

N1 forms delivered to court for Barclays

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  • 2 weeks later...

Hi All

 

Well this is it. Tomorow morning I have the hearing at the court , and up to now I have heard nothing from Abbey. To say that I'm worried is an understatement. I would have thought by now they would have made an attempt to make an offer of settlement ,but nothing.

 

Any suggestions or thoughts would be really useful.

 

Cheers

 

Andy

N1 forms delivered to court for Barclays

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Thnaks Karne

 

So is the summery jugdement the letter that getting? and do I give that to the judge?

N1 forms delivered to court for Barclays

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just subscrining

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Hi All:D :D

 

I'm soooooooooo excited I'm back and i have won won won won won, one very happy bunny.

 

Well Shabbey did not turn up so the judge passed judgement in my favour and have given Shabbey 14 days to pay up. So that conjures up some really nice mental images of a) a nice cheque or b) bailiffs going in.:D :D

 

I woulmd like to take this oppotunity to say a huge thank you to karne who has been with me every step of the way and thank her for her help and advice. Also a huge thank you to this site for all your help with letters templates etc etc and setting out the steps to get these charges back.

 

Needless to say donation will be on its way once I get the money from Shabbey.

 

Also could my thready thing be changed now to " won won won "

 

One last thing stick by your guns and follow your convictions if you believe in something strong enough you can move mountains.

 

Cheers

 

Andtroy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

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Well done andtroy.

 

Makes me wonder if we should start to draw up a list of litigations of Abbey no shows incase this happens again?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

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  • 2 weeks later...

In answer to your question about Bailiffs, there is a pdf document on the HMCS (her majestys court service) website about getting bailiffs in. As long as it's less than £5000 (and I think greater than £650) you can apply for a warrant of execution at the county court. It costs £55 which you can add to the charges you are claiming back. Just remember to take 1) The judgement 2) the address you want to send the bailiffs to to court with you.

If money is the route of all evil, I must be a Saint

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