Seminole v Abbey: £10,235 RECEIVED

[Lula]

Really, really well done

I think you should change your avatar to a tiger :D

 

With BIG STEEL COHONAS!!!!!

[noobrider]

absolutely great news...have a bit of bully boy tactics right back at you abbey

[taylormandy]

"However, having reviewed the schedule of charges supplied under cover of your email dated 6 July 2006, we note that your claim includes various charges which were incurred more than 6 years before the date on which you issued your claim (13 June 2006). We would point out that you are prevented from reclaiming these charges by the Limitation Act 1980.

In particular, you are not able to reclaim the charges you have listed as incurred during the period 30 September 1999 to 30 May 2000."

 

From Seminole's post.

 

How does this leave the argument that we may be able to go back further than 6 years? - see Bankfodder's thread in "general".

Are you going to try and argue against this? That the banks were deceiving you as to the true costs of the charges?

I ask because I am interestd in going back beyond six years.

[Movingon]

"However, having reviewed the schedule of charges supplied under cover of your email dated 6 July 2006, we note that your claim includes various charges which were incurred more than 6 years before the date on which you issued your claim (13 June 2006). We would point out that you are prevented from reclaiming these charges by the Limitation Act 1980.

In particular, you are not able to reclaim the charges you have listed as incurred during the period 30 September 1999 to 30 May 2000."

 

From Seminole's post.

 

How does this leave the argument that we may be able to go back further than 6 years? - see Bankfodder's thread in "general".

Are you going to try and argue against this? That the banks were deceiving you as to the true costs of the charges?

I ask because I am interestd in going back beyond six years.

 

It makes no difference to the argument whatsoever; Seminole is retaining the right to question that the SoL applies in his case... he hasn't challenged that yet. All he's done is say "please give me my money back". They've said "You can have SOME of it". The real fight (if Seminole chooses to fight it) comes later.

[CrispDust]

Respect dude. Way to go.

[whufc]

Quick update: Filed estimated £5,000 claim today at Clerkenwell county court.

If you dont mind me saying your finances must have been in a real mess to claim back the level of charges you have/are!!

 

All the best WHUFC X

[bish]

Absolute blinder Dare you to open an Abbey account with it:rolleyes: . Maybe not:razz: must take the weight off you a lot and wish you all the best.

 

Regards bish.

[Seminole]

If you dont mind me saying your finances must have been in a real mess to claim back the level of charges you have/are!!

 

All the best WHUFC X

 

They were, I make no bones about it. However, it was partly (and only partly) cause by the unlawful charges imposed by Abbey amongst others.

[gordonhall]

WOW!!!!

 

Well Done.

[whufc]

They were, I make no bones about it. However, it was partly (and only partly) cause by the unlawful charges imposed by Abbey amongst others.

Thanks to this site both my wife and I have sent our first lettes out!! Watch this space!!

 

All the best WHUFC

[steve b]

wow!!

Steve B

[Jane Austen]

WELL DONE. THIS MAKES ME MORE DETERMINED.

[stacymason]

wow Congratulations Seminole!!!

[cwoj]

fantastic news, well done

[saraloui69]

Can I ask did you send the letter to the mortgage company (similar to the bank charges letter?)

thanks sara

[eyespy]

Fantastic!

 

I bet you are still grinning!!

 

great work.

[give_me_it_back]

Seminole - how many more days before the cheque arrives..? I am waiting to hear the 'end' of the story....

[reclamationproclamation]

Congrats seminole great news you and everyone else.

 

Enjoy.

[sutee50]

Congratulations, Seminole:-D. Mine won't be as much but I'm looking forward to it just as much - they've got until 1st August for DPA statements (only got back to 2004 at mo!).

[saraloui69]

hello,

Can anybody help me?? I received a few statements from Abbey and they have said the rest are on micofiche, but its been 43 days and no more statements have arrived.... what can I do?

regards sara

[alanfromderby]

Starting your own thread in the Abbey forum would be a good place.....then do a forum search on "microfiche".

[Seminole]

Cheque for £10,235.37 received today and being paid in tomorrow

 

I said I would share some thoughts about this and here they are.

 

We know that Abbey don't have the stomach for a fight. They prevaricate, they delay, they behave obnoxiously but when you get them into a corner, they invariably give up. Normally they say that they it's not "commercial" for them to defend a small claim because they couldn't recover their costs. I believe that their surrender in my case proves that this is a lie.

 

First of all this was a big claim. It was way over the small claims threshold and opened up the possibility of fast or multi track allocation. If they had the stomach for a fight they could have recovered some or all of their costs. They copped out.

 

Having said that they did go through the motions of filing a defence. What really seems to have paniced them was the threat of a declaration that the charges were unlawful. I deliberately left the timeline in the thread a little vague but Abbey offered settlement within two working days of receiving my email. They knew that a combined money claim and declaration would mean that either the claim would end up in court or they would have to pay a much larger financial settlement to get it withdrawn. This is very similar to the Stephen Hone case and it goes to prove that, six months down the line they have been unable to come up with a defence to these claims that they are confident would stand up in court.

 

I am not for one moment suggesting that everyone should seek declarations as there is a risk in this. However, you can draw your own conclusions about how Abbey dealt with this claim.

[Lula]

Pussycat, you have balls of steel, I would have been cacking my pants, well done and many congratulations once again:D

 

edit: you have changed your avatar!!!! do I have to call you the Prince of Darkness now

[lisamellor]

go out and celebrate..... when the cheque clears that is dont want you going overdrawn.!!

 

 

well done!

[Lula]

One question though Semi, do you still have an account with them or did they close it?