Jump to content


  • Tweets

  • Posts

    • It's fine. Someone who deals with this more often than me will know.   HB
    • OK, your notes make sense but the outcome depends on what time you're given to voice your concerns.    I'd mention that HMRC have repeatedly failed to address your concerns that they repaid tax for an EIS Company that simply didn't exist - totally negligent !   Great bit of video given by Mr Wilde (bald HMRC guy) admitting they failed to even check if an EIS Sceme even existed or was genuine and this was criticised by the MP. Well done to UncleB for finding this.   Probably too late to fwd this to the FTT but no harm in trying.   Good luck !  
    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the court's time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
  • Recommended Topics

  • Our picks

  • Recommended Topics

New strategy v Abbey - CPR Part 18 Requests


GaryH
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5396 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 142
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Guys,

 

UPDATE.

 

Dead line was up at 4pm yesterday, just rang the court neither of us has heard anything from the Abbey so DEFENCE STRUCK OUT.

 

WE WON! Just need to send in the slip from the bottom of the original court form and they will do the rest.

8) FoxyFiona

Link to post
Share on other sites

Brilliant news!!! Well done Foxy!!!:-D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Brilliant news!!! Well done Foxy!!!:-D

 

 

No Gary - Well Done to you!

 

If it wasnt for you I would have been waiting until January 2008

 

Gary You're the man!!

 

Thank you SOOOOOO much.

8) FoxyFiona

Link to post
Share on other sites

Hi All

 

I have submitted my AQ attaching a copy of the relevant list of the directions on Monday. I sent Abbey a copy on Friday and today received in the post a copy of the Defence's Draft Order for Directions:

 

1. The Claimant shall within 28 days of service of this order send to the Defendant and the Court:

 

a) A schedule setting out each charge repayment of which is sought , showing the date, amount and reason given (if any) for that charge being made;

 

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

 

If the claimant fails to comply with this order, the claim will be struck out without further order. Already provided on several ocassions.

2. The Claim be allocated to the small claims track for hearing not before 21 September 2007.

 

3. 14 days prior to the allocated hearing date, the Claimant and Defendant shall file and serve:

 

a) Copies of all documents (including expert's reports) on which he/it intends to rely at the hearing;

 

b) Any witness statements must be included in the documents filed and served; and;

 

c) Copies of decided cases and other legal materials to be relied upon.

 

Is this normal? I am guessing this is standard court directions for small claims. My claim is £ 5.6K

Link to post
Share on other sites

Hello Gary H,

 

can I say this is a fantastic thread and has given me some hope of completing my claim before January next year.

 

I have got to the allocation stage on my claim and submitted my AQ questionaire on 9th July as did Shabbey. Im still waiting for direction from the court and they expect it to be at least another 3 weeks before the court can give a date or even to tell me the track I have been assigned!

 

So I have read this thread and the associated ones and believe as my claim is still in the AQ stage and it is at £7920 I should send a CPR18 request to speed things up.

 

Tell me if you think im going wrong?:

 

1) So im going to fill out the the CPR18 from #1 adding my own details.

 

2) Post by special delivery to Shabbey HQ with a 14 day limit.

 

Now question do I need to send a copy of this to the court???

 

3) Send abbey a chaser after 7days reminding them they have 7 days to comply.

 

4) When 14 day limit has expired with nothing recieved from abbey fill out a N244 form with £35 and pop it into the court. Abbey then have 14 days to comply with the court.

 

5) Abbeys defence gets struck out.

 

Is that alright shall I post a copy on here for you to read over before I send out?

 

Thanks very much

 

Leecabs:D

Link to post
Share on other sites

Thats it, spot on.:)

 

You can send a copy of the request to the court as well, yes.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Yes, please do.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Ok what the F*** happens now in full panic mode posted the CPR 18 this morning? Do we just proceed with our claims as normal? I bet all the courts freeze all the claims how does that effect CPR 18 Request?????

 

Really worried sorry for my blinding!

 

Leecabs:confused:

Link to post
Share on other sites

i would not worry about it carry on as normal - the worst that can happen is the judge stays the case pending the outcome of the test case. But highly likely they will carry on to try and clear the backlog. Doing my cpr part 18 next week!!!

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

Link to post
Share on other sites

Sent abbey my part 18 request two weeks ago, If i don,t hear anything tomorrow, i will apply to the court and see what happens.

will try and keep you all upto date with developments but moving house this week, what a pain.

Link to post
Share on other sites

Hello Gary H,

 

can I say this is a fantastic thread and has given me some hope of completing my claim before January next year.

 

I have got to the allocation stage on my claim and submitted my AQ questionaire on 9th July as did Shabbey. Im still waiting for direction from the court and they expect it to be at least another 3 weeks before the court can give a date or even to tell me the track I have been assigned!

 

So I have read this thread and the associated ones and believe as my claim is still in the AQ stage and it is at £7920 I should send a CPR18 request to speed things up.

 

Tell me if you think im going wrong?:

 

1) So im going to fill out the the CPR18 from #1 adding my own details.

 

2) Post by special delivery to Shabbey HQ with a 14 day limit.

 

Now question do I need to send a copy of this to the court???

 

3) Send abbey a chaser after 7days reminding them they have 7 days to comply.

 

4) When 14 day limit has expired with nothing recieved from abbey fill out a N244 form with £35 and pop it into the court. Abbey then have 14 days to comply with the court.

 

5) Abbeys defence gets struck out.

 

Is that alright shall I post a copy on here for you to read over before I send out?

 

Thanks very much

 

Leecabs:D

 

Hello Leecabs,

 

Please confirm the info sent with your ac recently returned to Court. I have followed the AC instructions on the site, but just want to check I haven't missed any important bit. I have just discovered the above CPR18 info here and I will get on and do this also.

 

Great thanks

 

Determind

Link to post
Share on other sites

Yes, please do.

 

Hi Gary,

 

I have read your info posted re CPR18 which I will get on and do. I have to get my AC back to Court by 3/8. I have just sent a question to Leecabs who is at a similar stage as myself asking for confirmation of bits retnd with AC back to Court. As far as I can see I have followed the instructions for the AC retn ok but can you tell me if anything has changed over the last week with regards the AC. Just to confirm I will be donating at least 5% of a successful case to CAG lets hope I am getting nearer for the cause!!

 

Determind

Link to post
Share on other sites

You don't really need to send anything with your AQ - except perhaps a schedule of charges and the Draft order for directions if you are using the new strategy. Just make sure its all filled in properly and you'll be fine.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Hi Gary,

 

Many thanks for that. Yes, I got into Draft order for Directions last week which was interesting so that will be attached. I was offered 65% so I replied and asked them to review their decision and was 35% their disclosure figure for charging! As it turns out it is nicely hanging there and not rejected so another option. Needless to say Abbey haven't replied.

 

Determind

Link to post
Share on other sites

Hi All

 

I sent my local County Court an Application to Strike Out on 20 July after having my hearing set down for 24 September. I haven't heard back from the Court yet but have asked that the application be put before the judge as a matter of urgency. I have basically asked for the Defence to be struck out as an abusive of process pursuant to rule 3.4(2)(b) of the Civil Procedure Rules and that they have filed a template defence then subsequently settled. I've said that their strategy is a flagrant abuse of the public resouce and contrary to the overiding objectives of the Civil Procedure Rules etc. If not struck out I have asked for the judge to order directions whereby the Abbey shall serve a response to my schedule stating which contractual providision each charge was made and to produce contractual documentation, whether each charges is accepted to be a penalty and if not why not, if such charge is alleged to be a pre-estimate of the Defendant's loss incurred by my actions all facts and matters intended to be relied upon should be disclosed and if the charge is not a pre-estmate of the Defendants loss then they should produce evidence that the charge was fair and reasonable, provide witness statemens and copies of any cases decided and other legal materials relied upo.

 

Not sure whether the Court will do anything about it but hopefully it will get the Shabbey moving on offering me some money!!

 

Sue

Link to post
Share on other sites

looks like the crp part 18 may be a waste of time just seen on another thread that all cases at my local court are getting stayed so just waiting for the nasty letter now lol.

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

Link to post
Share on other sites

Yep im gonna fold im afraid as I explain in my thread I have been offered 5.2K out of 7.5K which Abbey have said on their website they will honour so im going to take the cash and run.

 

I never expected anything in the first place, so im not to greedy to hold on.

 

Also I would rather bank the 5K in an ISA and start earning interest, rather than hang on for up to two years.

 

Thanks for your help

 

Lee Cabs

Link to post
Share on other sites

well update is my court is not staying all cases - looks to just be the ones that are in the very early stages. I have a court date so I think there is a good chance the judge is gonna see it through. Gonna do the part 18 on thursday and see what happens!!!

 

Can't say I blame you Lee under the circumstances, especially if you need the money!!! Good luck anyways!!!

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

Link to post
Share on other sites

Thanks Spicester,

 

Abbey have settled with me at 5.5K which is 500 more than the original offer so feeling a bit better I will keep an eye on the site.

 

I hope you all get everything back as you all derserve it for working so hard!

 

Leecabs:)

Link to post
Share on other sites

i have read and seen alot about peeps phoning the courts i wasnt going to ask till nearer the time but judge law has give us to settlement and the date is up on the 17th aug so if i havent heard what do i do then i really dont want it going any longer i feel like most of us here fed up and yes i have thought of giving up before now and i havent only with reading and opeeps saying dont give up dont give in that s what shabby want so im still hanging on i have emailed ronan then this morning i emailed again but he is away till 16th aug think it was or maybe 15th aug so i sent it to inga and clare no i expected a bite but no it was pleasant really she just said with the oft case but i should hear soon something to that effect i will post it here for u to see so i am wondering if they are going to settle or make me an offer i have told thenm in my settlement letter i will not accept no less than £6,500 in which they will be saving if they settle with that amount! then i will hit them wioth cost etc but what does the 200 mean? thanku for reading

 

1st reply from ronanwithout prejudice"

Dear Madam

 

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

 

Kind regards

 

Ronan

 

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

2nd one from ronan this morning

I am currently on leave and will not be back in the office until Wednesday 15 August.

 

If your query relates to a claim for bank charges against Abbey National Plc then please contact my colleagues Inga Kirkman or Clare Fletcher via their contact details below;

 

[email protected]

tel: 020 775 64332

 

[email protected]

tel: 020 775 64306

 

Kind Regards

 

Ronan

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

this morning i emailed inga & clare

reply not long after was

Without prejudice"

Thank you for your email. Whilst Abbey National Plc appreciates your offer, we are instructed to reject the same.

 

You may not be aware however, Abbey National Plc is now a party to a test case being litigated in the High Court. We will write to you in relation to the future conduct of your claim shortly.

 

Kind regards,

 

Inga Kirkman

Senior Associate

Solicitor, NSW

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

dont really understand it are they considering my settlement or not? thankyou for reading this abroadgirl

Link to post
Share on other sites

forgot to say i have in the past emailed inga 3 times and she never replied maybe cause in the subject i changed it to hello instead of settlement i have faxed her as well yes u guessed no reply from her so i thought diffrenet approach subject hello laughs

hugs abg

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...