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    • Sorry    Here it is one file small enough to fit within the limit. BoS CCA.pdf
    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
    • Well if you are still minded to hang onto it then I would put it in for a full proper check and a new MOT. But I would get it done quickly    
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Rev v Abbey - Help!!


revad123
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Hi,

 

I'm just trying to organise my court bundle for a preliminary hearing on the 6th July. I've been looking at some of the other threads regarding these bundles and have managed to get myself totally confused!!! I've put a witness statement, statement of charges, copies of bank statements showing charges, all correspondence, relevant case law, Early day motion, OFT's statement on default credit card charges, analysis of unfair terms in Sch 2, Dunlop etc, UTCCR 1999 and UCT 1977. I'm also about to send a nudge letter to Abbey.

 

Am I on the right track???? I can't believe I may have to go to court!

 

:Cry:

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hi i cant realy advise you but if you do a search from the top bar of PRELIM hearings you will find some useful threads, im sure you dont need the full monty for the prelim. what did the court ask for in their letter? also there is a great thread look under A-Z guide.dont know how to do a link sorry, good luck and stay calm.

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Thanks for replying, the court didn't ask for anything! I wonder if that's because the don't expect the bank to turn up or settle before the date?

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This is the link for the a-z guide www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526 Good Luck! I would also send a copy of your nudge letter by email to Inga Kirkman or Louise Jacobs, they are responding to lots of these lately.

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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  • 1 month later...

Abbey have sent me a letter from their debt management and recovery services ltd.The amount is for 270 pounds.This was due to THEIR bank charges.My claim against Abbey resulted in the standard goodwill gesture of 863 pounds.I accepted this as part payment (total being 2485 pounds).I have not as yet filed court claim due to the oft test case.

This letter threatens field agent visits and debt recovery repossession.

This 270 pounds was incurred through their bank charges..

It also says once the balance has been cleared the account will be closed and a default has also been registered on my credit file.

Any help would be great

 

 

thanks

 

Gary

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Proceed and file your N1 in Court using the new POC.....

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107633-new-abbey-poc.html

 

Amend it a little to suit your case and it will cover any onerrous default notices and CRA references.

 

Go git em Tigger :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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