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    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
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    • have a look at  https://www.consumeractiongroup.co.uk/topic/451423-pra-letter-of-claim-old-barclaycard-debt/?do=findComment&comment=5256506 the docs in this thread are what you should get. if the agreement the correct date for signup and does the PRA or BC cover letter use the word reconstructed? dx
    • sounds like lesley. They'll respond some rubbish I'm sure.  
    • Even if they have crawled back under the stone, remember they have six years to bring a claim. Let them know if you ever change address.
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Roses v Abbey Court Date Received


the3roses
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Help!! I have received a court date for 14th August, things have not gone as I expected, I did not have to fill in an AQ, have not had to pay any addtional cost and the court have only seen my schdule of charges. I have spoken to the court and they just said thats all they need for now. I am feeling very nervous! I have sent all letters to Abbey before the court process and recieved the standard defence from them. Is there anything I can/should send them now to prompt them to settle before court. I have seen all links for court bundle but feel there must be something I can do to hassle them before this! Can anyone point me in the right direction?

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you could try emailing Inga Kirkman and letting her know that you have a court date:-

 

[email protected]

 

 

with something along these lines:-

 

I realise from your defence that you do not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effect for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest and costs totalling £xxxxxx.

Only once in receipt of cleared funds will I then discontinue all action against Abbey in connection with this claim.

 

I have attached a copy of the schedule of charges.

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Hi

 

Thanks for that, sorry to be a bit thick but who is Inga Kirkman? Does she work for Abbey, I don't seem to any correspondance from them with any address other than Abbeys head office.

 

Thanks again, I have looked through loads of other posts but wasn't sure what would be the best way to go.

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Hi the3roses

 

Inga is one of the Solicitors from a firm called Ashurst, who appear to have been retained by Abbey to handle these cases.

 

Hope that helps

 

Jo xx

Six Nations Champions 2009

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You have nothing to loose by mailing Inga, go for it, it has worked for loads of people.

 

(Stalkers Are Us©)

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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(Stalkers Are Us©)

 

 

Sam.....am sure I dont know what you mean :)

 

Roses, make sure you always send a hard copy too, they're a bit slippery otherwise, and always recorded delivery. Just from my own experience:rolleyes:

 

FFx

8) FoxyFiona

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excellent, did she settle for the full amount?

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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I was claiming for £2700 which included interest cost etc and they settled for £2480! I am more than happy with this so accepted, I can't get over how quick it was they got back to me within 2 hours!

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Welldone, a nice result for you..

 

If only all were treated the same, I have been battling for a decent offer for a week and had only one at 60% of the claim. I am in court for a Allocation hearing etc on Tuesday, will still be pushing until the end.

 

Dont spend it all at once.

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Thanks, I actually had a hearing date, the court I went through had dispenced with an AQ quesionnaire and just gave me a date for the hearing so don't know if that made a difference, no one was more shocked than me when the offer came through. Good Luck with your claims it does seem to be a bit hit or miss as to what they offer! I will plan how to spend the cash when I actually have the cheque in front of me!

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