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give_me_it_back vs Abbey WON!!! YAY !!! *SETTLED IN FULL*


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Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I am considering sending this letter. Please let me have your comments:

I recently received a letter advising me that DLA Piper are no longer handling your caseloads, and that I should contact you directly.

 

As you will be aware, the first Court Date (4th October) has already been met, and the Sheriff set a proof date for 13th December.

 

DLA Piper wrote to me on 19th September 2006 offering me the full amount of £625.66, which was subject to signing a Discharge in favour of Abbey. I indicated these terms were not acceptable to me.

 

Given the recent announcement from Information Commissioners Office which must only compound the situation you find yourself in, I would ask that you reconsider and make full payment to me now with no conditions attached. I would respectfully remind you that interest continues to be added to my claim the longer it continues.

 

I look forward to hearing from you shortly.

 

Personally i wouldnt put down "with no conditions attached". I would instead put down something like.

 

You accept this payment in respect of this present case but it would not in any way restrict or legally prevent the claimant (you) from taking action on other unlawful debits taken from your account.

 

BUT worded much much better than i have! Basically get something down and maybe ask them to sign it? Instead of having you sign something in agreement turn the tables get them to sign to what *you* want.

 

Sorry the scotland forum doesnt get a lot of attention does it being sort of hidden away...!

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Thanks CJ. Good point (and, yes, I agree the Scotland forum is a little hidden away..) Unfortunately the letter has now gone. I'll update to the response.

 

thanks for the reply!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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i received an email from DLA telling me that Ashursts ARE handling Abbey's cases and that I shouold contact... Lauren Bernard! The thing is, Lauren emailed me (FROM AN ABBEY ADDRESS) saying:

"I understand that you have contacted Ashurst in relation to your claim against Abbey. Abbey is now representing itself in this claim and all enquiries should be directed to:

 

Abbey National PLC

Abbey National House

2 Triton Square

Regent's Place

London NW1 3AN

 

Tel: 020 7756 4398 or 020 7756 4306"

 

I asked DLA who lauren works for and they said Ashursts! I asked if Ashursts WERE Abbey, and they said:

 

"Ashurst is a firm of solicitors in London to whom DLA Piper have passed

a number of cases, yours being one. I am not aware of their being any

relationship between Abbey and Ashurst other than Ashurst will now be

representing Abbey in this matter.

 

Please contact Ashurst Solicitors directly should you require any

further information."

 

I'm about to email Lauren again... Wonder if she knows who she is today..

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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LOOK WHAT I JUST GOT from Lauren (ABBEY!):

 

 

"Abbey is representing itself and I am working at Abbey. Apologies for any confusion on DLA's part.

 

I would also like to take this opportunity to confirm that a payment of £625.66 has now been made into your account in full and final settlement of your claim. We will write to you and to the court to confirm that the claim is settled. I would be grateful if you would also write to the court to withdraw the claim once you have received the money in your account."

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I just called the bank...

The money is in!

 

I WON

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thanks Karnevil!!! :) :) :)

 

Can you please change my thread to read "WON"!! YAY!?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thanks!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Isn't it!

 

To any of you out there reading my thread who have just started the process - don't be afraid. If you follow the procedure and do not deviate, you WILL get all your money back - and it's a good feeling!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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i'm not through with them yet.. Have another claim about to start!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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LOOK WHAT I JUST GOT from Lauren (ABBEY!):

 

 

"Abbey is representing itself and I am working at Abbey. Apologies for any confusion on DLA's part.

 

I would also like to take this opportunity to confirm that a payment of £625.66 has now been made into your account in full and final settlement of your claim. We will write to you and to the court to confirm that the claim is settled. I would be grateful if you would also write to the court to withdraw the claim once you have received the money in your account."

 

Brilliant!!! Well Done!! :D

 

an unconditional victory so you can start further claims if need be?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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  • 1 month later...

:D I WON!!!!!!!!!!!

NOTICE TO ALL FELLOW SCOTS OUT THERE WORRYING ABOUT THE HASSLE OF THE SCOTTISH SMALL CLAIMS COURT!!!

I have just successfully reclaimed £3778 in bank charges from HBOS plus my £120 small claims fee. To all Scots worrying about the hassle of the Scottish small claims court (max claim £250).......my branch is in Gillingham in Kent, however, I was advised that as you are taking the actual Halifax Bank (who have their head office in Leeds where the court papers are sent to) to court and not a particular branch you can raise any claim in an English Small Claims Court (max claim £5000). This would mean any scottish claims of over £250 you would need to lodge several claims in order to have the full amount returned. I went to Berwick Small Claims Court (which is in Berwick court but only on a Wednesday, call them to check hours) which is only 1 hours drive from Edinburgh (I am lucky enough to live just outside Coldstream so am only 12 mile from Berwick on the Scottish side of the Border.

My point is (I'll get there eventually) that some scots were worried about taking their claim to an english court because should the case come to court they would have accomodation and travel concerns BUT if you can be bothered with the drive to Berwick (the scenery is LUSH) it means only having to lodge 1 claim, the court will post all the necessary paperwork out to you if you call them!!!!! Also explained to me was that had a been taking Joe Normal Bloke to court he could insist on the case being moved to a court closer to him (i think this is where people are worried about perhaps being forced to go to Leeds etc)....however, as you are taking a company / corporation to court they (as a matter of course) don't bother to challenge the court designated.

GO FOR IT PEOPLE IT FEELS FAB TO BEAT THE BANKS AT THEIR OWN GAME, THEY LITERALLY SETTLED MY CLAIM THE WEEK THEY RECEIVED THE COURT NOTIFICATION!!!!

GOOD LUCK!!!!

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  • 2 months later...

Well done! I hope you have made good use of the funds you got back, you deserve it.

 

I have just entered my N1 form at the court (English) and await further documents and the whole court bit.

 

Do you have some case details for your one that I can quote in my own attack if I need to go to court. It would be really helpful to be able to put together a selection of cases won in or out of court.

 

Thanks in advance

:D No longer angry with Abbey - they paid out £2500 in unlawful charges!
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  • 2 weeks later...

Yeah!!

Well done!

Im just at the starting post, ive read loads of threads and started my own. Scotland law is confusing but after reading this i might just go to Berwick!

I have to wait 6 days before i send out LBA (letter before action) to give them a futher 14 days to respond. they responded my first letter (asking for a refund) by saying "they will look into my complaint and will take 4 weeks to do this" but ofcourse im ignoring it!

fingers and toes crossed.

lofaprize x

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