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    • Hello I'm new to this forum therefore apologies in advance if this subject has been done to death already. I received a parking ticket issued by Euro carparks in 2017 although was legitimately parked on private land owned by Majestic in Worcester. The car was registered to me as a disabled driver and leased to me through the Motability scheme. Numerous online feeds were suggesting this ticket would be an 'invoice' not a 'fine' if it non intent to pay could be shown. All the feedback was suggesting to ignore it because to make contact would constitute a 'contract' between ECP and myself in law. This was endorsed by Martin Lewis so I thought it must be legit. ECP gave up mailing me after a year and I presumed that was the end of matters. In December 2021 my son who has a similar name but lives in Liverpool, realised a CCJ has been entered against his name for defaulting on a debt now exceeding £300 The company DCB insist the information is correct and would have been gleaned from a trace and search using DVLA?  This is pure fabrication. My son doesn't even drive. How can an organisation make something up for a court to register in default? DCB will not talk to me due to data protection and my son is potentially facing enforcement action over something he has nothing at all to do with. I cannot get judgement set aside because I am not registered in default. Thank you for reading.  
    • It has gone in now recieved last night and acknowledged on my online account today.   Would overdales need a copy of the defence statement I have sent in with it being a holding defence? or keep them out of it?   If I am defending them in court if it goes that far they'll just see that I have defended the claim but not know the reasons why. You've suggested in the past they might drop the case before court but can't drop the case if they don't know the reasons of why I am defending?
    • we have until next Wednesday to settle or then go to mediation or to a hearing    they have filed this with the court.    is this anything to do with the CPR letter I sent to dcbl?  Is this their response?   also I find the timing of this a bit off given that a SAR has been sent to ukpc last week 🤷‍♀️
    • Any positive advice gratefully received. Last minute I know but we’ve got a possession hearing this coming Monday and I’m terrified we’re going to lose our home. We’re £100k in arrears  (yes, I know) having had the most awful 4 years. Our franchise business suffered a downturn when we lost an account with a department store chain that went under and another major department store up north along with a number of franchisees. At the same time, our daughter became very ill with major depression and psychosis leading to severe self harm and suicide attempts. I had to give up work to look after her as our local CAMHS was so understaffed plus I would normally have customers come to the house, something that was impossible due to our daughter’s illness as it escalated so quickly. She was hearing voices and seeing things and pretty much went mad for a couple of years. Her home and keeping everything the same in it, to the extent that we could barely move anything, became increasingly important to her as she was so paranoid about any change. She was eventually also diagnosed with very high functioning ASD/Asperger’s which explained some of her obsessive behaviour and had been something she had apparently been masking for years which resulted in the depression and psychosis. My husband also suffered depression due to the business collapsing and our daughter’s illness and some days was bedridden.  We kept Santander informed at all times that we were unable to pay the mortgage during this time and sent evidence of the severity of our daughters illness.  We then had the pandemic which affected our business still further. During this time, Santander just asked us to keep them informed as to how we were doing and that nothing would be done with regards the continued arrears. Meanwhile, of course they kept us on a super high interest rate just under 5% (while they advertised their sub 1% deals) and piled on those charges.  Our daughter’s drs finally found a combination of meds that helped her and she was able to start uni with support (she is studying physics) although she still needs everything the same at home to help her cope when she has a bad depressive episode or an ASD episode. She is on maximum doses of anti-depressants and anti-psychotics,  has twice weekly counselling and regular checks from uni security when she is there. Thankfully they have a very good disability unit. The head of the physics dept says she’s the most gifted student he’s had in his 10 years there.  My husband’s depression is getting better, he has found a separate job and we are restructuring our business. He has also started a consultancy and has a number of agreements and contracts in place that he is working on which would enable us to make lump sum payments. We told Santander last summer that things were starting to improve  and asked if we could agree a payment arrangement to either change our mortgage to interest only with the sale of the home as the repayment vehicle (we have 7 years remaining) or change to part repayment/part interest as at the moment the capital and arrears are too much. We have around 65-70% equity in our home. Santander refused to discuss any arrangement other than immediate full payment of the arrears and the monthly mortgage payments and began proceedings the day after restrictions on doing so were lifted.  Surely having, in effect, allowed us to build up 4 years of arrears due to our circumstances it is unreasonable for them to suddenly demand immediate full payment as soon as they find out our daughter is not on 24 hour suicide watch atm? The person I spoke to in the Vulnerable Customer dept even suggested she must be “fine” if she could manage to go to university! They’re obviously well trained in the complexities of mental health….not.  Given our circumstances, shouldn’t Santander  work with us and give us time, now that we are able, to get back on track? How do they think that after the 4 years we have been through we can magically summon up £100k just like that?! Losing our home would mean losing our business (I have a home workshop I need for what I do) just as we are building it back, not to mention the shock to our daughter who obviously knows nothing of this. I have spent 4 years getting her to a place where she’s spending more time thinking about quantum physics than trying to kill herself and the shock of being forced from her home would take her right back to the worst of times. Given the improvement in our finances and equity in our home, surely the judge would allow us to continue to make partial payments (we have paid 4 months of the interest on the capital and arrears since October) or interest only, which we can more than afford now and would give us the ability to concentrate on improving our situation, something that is nigh on impossible atm with this hearing hanging over us like a Sword of Damocles. We are confident that we will soon be able to make lump sum payments but this isn’t going to happen overnight. Husband due to hear tomorrow re: promotion and pay rise plus a retainer for a consultancy so we’re keeping our fingers crossed. It’s all heading the right way but I was literally told by Santander it was just unfortunate that things were getting better for us when they’d decided to take us to court! Apologies for the length of this. If anyone has managed to read it, I would be v grateful for any advice on how to tackle things on Monday. We have sent in an extensive defence pack outlining our circumstances and proposals and will have a duty solicitor on the day but otherwise we’re on our own here. Have we got  😕    
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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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( Abbey )

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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

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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?

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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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