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    • Thank you Dave, yes I have been reading a lot, but as you already mentioned mine is court one for some reason. Yes, the CPR request - printed and sent after completing the AOS online, as per dx's instructions.   And yeah the full timeline had me scrapping the vehicle and moving to new place in between the date of alleged contravention and receiving first "debt recovery" letters. To none of them did I respond as all of them said that I cannot dispute the charge as seen in the letter attached. 02/01/2020 - alleged contravention 29/11/2020 - scrapage of mentioned vehicle that I was still the registered keeper of and V5 had my address of the time on it since DVLA was reaching me and they had my details from them it should be correct 02/02/2022 - I move to my new place 18/01/2023 - first letter of debt recovery to my new address 21/11/2023 - letter of claim raised to county court Funny enough I never used that parking, so since I didn't see the pictures (the PCN or any reminder was never sent to my address in the first place, on the 18/01/2023 it was literally the first contact) I cannot even take a look whether it was my housemate as he sometimes borrowed my car, but then again I checked my emails and everything and on 01/01/2020 I was flying into the country back from holiday and was landing at Luton London Airport so me myself definitely had no business in Stansted area. I cannot even check for mercy period, whether that was actually my car or reg clone, nothing, as I never had that letter in my hands, sadly.
    • Good grief, this has to be one of the most stupid invoices issued for the most petty of reasons that we've seen here. What was the reason for your two visits? I ask as there may be the chance of getting the leisure complex to intervene.
    • Under UC there is no actual need to claim carers allowance, as long as you declare that you are caring for X for 35 hours per week and confirm they are in receipt of AA on the claim, they will verify you as a carer and you will then not be subject to the MIF, but will stil need to decalre your income and expenses each assessment period. This is because as a care, you are not expected to be available to work or have to look for work.
    • Yes, if you do a search on the forum you will see we have a lot of threads for this place.  It's basically a scam site. Yours is only the second case we've seen in years & years where they've done court though, undoubtedly because you'd moved and you didn't reply to a Letter of Claim. When you wrote "printed and sent" you did mean the CPR request, right?  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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emmaphill
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Hi

 

Having had a tough couple of years I have decided enough is enough!

 

My grievance in the main is with Abbey. I have a bank account, mortgage and credit card with them at the moment and all is not good. My current account has had its overdraft limit removed (cause of mortgage arrears) meaning that i have to repay it immediately. Additionally my credit card is in arrears and over its limit by £940 (looked at statements and in the main made up of the £50 a month in charges). From the statements i can find have around £1200 in charges added to bank account in ast 3 years and £1800 in credit card charges!

 

Have i got a chance in making a claim against Abbey given current situation? Or should i wait and try and get accounts back up to date? (would be a long while me thinks at the moment)

 

 

Thanks in advance!

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Hi and well done in getting this far. It looks like you will be able to generate at least £3000 to pay of the excess credit card and possible even the overdraft. Don't forget as well if you have been charged for non payment on your mortgage then the same rules apply.

 

Get some definite figures together and then you can decide what to do. You might decide to go for one at a time because Abbey generally take this as far as a claim being made to the Court and that will cost you. Or you could just go for them all together. It's your call whatever you do. There is no need to hold off claiming until you have got everything up to date. We didn't and neither have several (and possibly most) others. However it's up to you, whatever you feel comfortable with.

 

Keep us posted and get yourself a parachute account if you don't already have one. Good luck!

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Thanks for quick reply much appreciated. And thanks for pointing out about mortgage good to know but I don't want to rock boat there as arrears nearly cleared!

 

I have a new bank account at moment which is suiting me just fine and for the first time in ages it is in credit Lol!

 

I intend to send off the DPA request by the end of the week and as I am on tax credits think the fee will be waived for court costs so intend to do it immediately when i have all info.

 

Will keep you posted and thanks again!

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hi, just a suggestion but i would send the dpa off asap as they have 40 days to comply. they probably wont take that long (its rare) but if they do it'll take you longer to get your money back! ok?

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I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Its Abbey we're talking about they will send out 18 months of statements then trot out the Microfiche argument (see the sticky) dont let this put you off though.

 

I thoroughly expect my DPA request to breech 40 days.

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:mad: ooops sorry rich, i'm no expert on abbey i didnt realise they took so long! i was trying to help honest! thanks for your input and putting me right

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hey cilit dont worry about it its new territory for all of us, us Abbey victims together eh :)

 

Abbey were playing fair but now are giving everyone the run around trying to put them off stand steadfast against them and you will prevail

 

Good luck you guys :)

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Thank you all for your help and have got the letters ready to post in the morning. Its fight back time i have been so down about their actions towards me and now i intend to do something about it. I have never once gone over my overdraft limit but because i lost my job and went into arrears with my mortgage (now nearly paid) they decided to revoke it within 30 days.

 

Its payback time for these greedy banks and hope you all agree!

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touche, mais oui as del boy would say! good luck emma

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hi Emma

 

Just to say, you will get some real off putting responses from the shABBEY. When i got these at first i was a little put off, but after running it past the guys on here found that it was par for the course for them. So basically, whatever crap they try to throw at you, don't take any notice, it is just their way of trying to scare you out of proceeding.

 

So, good luck, and stick it to them!

 

Rayo1973

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hi

 

Have my DPA letter ready to send but which address should i send it too? Also i have no longer got a cheque book (thanks Abbey) so would a postal order be ok for £10 fee?

 

Thanks in advance!

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Data Protection Manager

Data Protection Team

Regulatory Compliance

Abbey House

201 Graftons Gate East

Milton Keynes

MK9 1AN

 

PO is fine. It's legal tender, but some banks are refusing it as adelaying tactic. If they do don't let them get away with it.

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I won't don't worry thanks for the address!

 

Would my letter for Abbey credit card also go to same address?

 

Thanks again!

 

 

MODERTAED threads merged , can you please keep to the one thread as this makes it easier for you and anyone else following your claim.

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But my bank account is in joint names!

 

Am i missing something here! Does that mean that if myself and my partener send off 2 x £10 for each names we will get visa and Bank details?

 

That saves me some money if the case!

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  • 2 weeks later...

Hi

 

Just an update sent the DPA Request and it was signed for on 16th June by Abbey. Can someone please inform me of the number or email address i should contact to check they have recieved it? having read so many horror stories on here i want to know they have got it!

 

Additionally as Abbey have now withdrawn my overdraft facility (£3000) can future silly charges be added to my claim - this month alone near £400! Have not heard back from them regarding whether they will accept a monthly payment to clear account but i doubt it!

 

Thanks in advance

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Further charges - Yes, you can add them along the way, right up to issuing a court claim.

 

If they threaten any action in relation to the overdraft, let us know.

 

Email or contact details for Abbey

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi

 

Just an update sent the Data Protection Act Request and it was signed for on 16th June by Abbey. Can someone please inform me of the number or email address i should contact to check they have recieved it? having read so many horror stories on here i want to know they have got it!

 

Additionally as Abbey have now withdrawn my overdraft facility (£3000) can future silly charges be added to my claim - this month alone near £400! Have not heard back from them regarding whether they will accept a monthly payment to clear account but i doubt it!

 

Thanks in advance

 

You have said they signed for it on 16th June so you do not need to contact them.Any charges they now put on your account just add them in and claim for them.You can change the total amount your claiming for right up until you submit your claim into court.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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well i have recieved the standard microfiche reply this morning but surprise surprise they have decided to ignore my request to supply details for bank and credit card and are refering only to bank account! Anything i can do as regards to this?

 

Also am concerned by last paragraph which states about manual interventions - they say they do not record them and so can not supply them but that doesn't mean they have not taken place - what the hell does this mean for my case?

 

Thanks in advance guess i am in the waiting game like everyone else!

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It's all ok - the manual intervention issue is now dead - they don't have details so they can't rely on them in court, even if they think they might have happened!

 

As far as yor DPA request is concerned, take a look in the Templates Library where we have letter for Non-compliance. Choose the most appropriate of those depending upon the timescales involved etc and fire it off to them.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks for update on manual intervention put my mind at rest!

 

would it be ok to email them the query regarding me wanting information on all acounts held with them?

 

Really don't want to speak to them as they are ignoring all requests for me to pay back overdraft (now removed and thus in a complete S***) at a monthly rate which i can afford!

 

From the statements i have kept charges are already hitting £1200 mark so should rise a lot i think - pay back time abbey you have made my life a living hell! sorry ranting now!

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