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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Night Owl -v- Abbey


Night Owl
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Thanks

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Hi all over here!

I have a claim going through with Lloyds (just had a stay ordered) but have started things with Abbey now!

 

Question 1.

Just looking through charges and not sure if I can claim back

'cleared transaction chg' ?

In 2002 I was charged this 9 X £15 = £135 on one day!!! plus unauth d/d fee X £15 Total for one day £150!!!

Thank you

Night Owl

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96247-night-owl-lloyds.html

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Yes you can claim cleared transactions and unauth o/d fees, basically any charge whatsoever they have charged you (apart from stopping cheque charges i beleive) you can claim back.

:madgrin:

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Hi Night Owl

 

Welcome to the Abbey forum!

 

Yes yes yes these are also penalty charges and can be claimed for.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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i think its more like your stalking me Jo lol

Anyway i posted first hehehehehe

 

You will get used to us Night owl, welcome to the world of abbey

:madgrin:

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Thanks peeps,

Loving the welcome

I feel at home already.:D

Got so used to thinking about Lloyds stuff there are a few differences with Abbey but I will get used to them.

Abbey have missed out on sending me the middle 2 years of my statements but I'm on the case. When I get more printer ink!!:)

Night Owl.

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Hi folks,

got everything now and calculated charges on CAG spreadsheet.

Total comes to £6500 ish!!

Prelim. letter going recorded post today.

 

Watch out Abbey here I come and I'm taking no prisoners!!!:D

Printer working overtime with Lloyds claim so stocking up on ink!

Housework gone to pot now I have 2 claims on the go!

Kids? Husband? old enough to cater for themselves!!!! :D

 

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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  • 2 weeks later...

Hi all,

Abbey reply to prelim. usual "will look into it, may take 4 weeks"!

LBA sent today. :-D

Watch this space!

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Hi and Welcome Nightowl, dont mind Icy he is our resident Stalker lol any questions or queries, we are all very friendly on here, wierd, but friendly lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lula,

I have a stay on my Lloyds claim at the mo so wasting time sending mediation and nudge letters knowing full well I won't get a reply but it looks good in court to do it!! Goes back to the Judge 31st Aug.

 

Abbey new territory! Few things different but will get the hang of it.

Feeling at home already here! :-D

 

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Well if you want prevarications and procrastination to the nth degree then Abbey are the right choice ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Lol!!! :-D:-D:-D

Can't say it but lovin it all the same! :-D

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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  • 2 weeks later...

Got paper work ready to send N1 to Local court just run out of funds for it this month! Will have to wait till the end of the month. :(

N1, POC + SOC with Int at 8% done and ready. Total claim with court fee just over £8K!!! :eek:

Should I worry that I can't get the claim in till the end of the month or should I raid my piggy bank? :confused:

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Hi Night Owl

 

Thats a tough question! The sooner the better is generally the advice, but not if it leaves you strapped financially, as it is going to be a while before anything happens. £250 is a lot to find - it choked me to be honest!

 

There are no implications in submitting after the deadline you have set, so I would say go with whatever you feel most comfortable with.

 

Also we may have a clearer picture regarding the whole Test Case scenario in the next few weeks - here's hoping anyway!

 

The only note of caution with delaying would be if any of the earliest charges then fall outside the 6 year limit, unless you are claiming more than this anyway under SoLA.

 

But on the plus side the interest will be stacking up nicely. ;)

 

Hope that hasn't confused you more!:o

 

Lotsa luv

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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Thanks Jo,

only claiming for the last 6 years of charges + Int at 8% + court costs.

Desperate to keep the pressure on with time limits but really struggling to find the funds this month. :(

Lloyds claims stayed till the end of the month (put on before the test case) so am juggling with 2 claims at the mo!! :(

I will have to put the N1 through the court as soon as funds come in at the end of the month. :(

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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  • 2 weeks later...

Confused!!! :confused:

and that doesn't take much!!!!

 

SAR 23/06/07 received statements paid £10

11/07/07 cheque returned because I put the wrong date on!!! Ooops

23/07/07 Authorisation to take the £10 from my acc. returned.

Prelim 14/07/07

LBA 23/07/07

N1 printed out and ready to take to court when I can find my piggy bank!

 

This morning received letter acknowledging receipt of £10 and sending me bank charges list!!! with letter about test case and and stays.

I shall just carry on with N1 in the next 2 weeks as planned and ignore anything else.

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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  • 2 weeks later...

Hi all,

fluffing up the feathers for the long fight ahead!!! :D

N1 being posted to local court today.

Watch this space!!! :D

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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  • 2 weeks later...

Hi all,

update on things.

Just received letter from the court.

N1 issued to the defendent - deemed served 12/09/07, they have until 26/09/07 to reply.

I'm so scared now that Abbey may bounce the court cheque in favour of their loan payment!!!! It's gone through but by tomorrow they could claim it back. Finances non existant and struggling now. :o

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Hi all,

update.

Just received letter from court.

Abbey have acknowledged one day after being served with my claim!!!!

They must have a big team sorting things out to respond that quick.

It is a hand written acknowledgement, name in position or office held - administrative assistant!

They intend to defend all of the claim.

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Thanks zootscoot.

At this speed of replies from court I'm expecting the defence to come through in the next few days!! not 28 days!

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Hi Night Owl.

 

Dont panic. Just because they have said they are going to defend the claim it doesnt mean they will.

 

If they dont enter Defence by 9th Oct ( 28 days from deemed served date) then dont give them any more time .

Go to court and file Judgement in Default. Keep checking court though just in case.

 

Good Luck fingers crossed for you .

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Thanks overflow.

I'm hoping that the administrative assistant dosen't deal so fast with the defence or forgets about it! A win by default would make my day.

Lloyds claim is stayed (for the second time!) and I haven't even got to court for a hearing yet!

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Hi all,

just received from the court, :(

 

Before District Judge.........

Upon reading the file.

Ex Parte

It is ordered that

Upon it appearing that the issues raised in the test case, OFT-v-Nasty West Bank + others, will affect this claim, the claim is stayed until further order BLAH BLAH BLAH............

 

Oh my god! Its stayed before I even get a defence through!!! How can this be?????:eek:

 

HHHHHHHHHEEEEEEEEEEEELLLLLLLLLLLLLLPPPPPPPPPPPPP

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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