Jump to content


  • Tweets

  • Posts

    • Hi.   Being chased for overpayment of carers allowance. From 1998. ...I disputed the claim via my solicitor at the time but lost   my offer to repay £10 a week was refused since them there has been no contact till last year.   Now not working or in receipt of any benefits. (husband working) I again offered £10 a week   never even got a reply. All this time I have been working and they never made a attachment to my earning. Now this week they have taken 33% (53.02) out of my state pension leaving me with £105.a week. ..Never got a letter to explain what actions they were taking , trying to get to speak to someone on the phone is near impossible ..quite willing to repay what I owe but I cannot afford 33%.   Tried to get help from UK gov debt management but unless your problem is with UCthey told me to contact the carers allowance dept ..finally got through only to be told by a lovely lady their is nothing on her screen regarding this overpayment and told me to go back to UK gov debt management   no help at all. ..what do I do now????                      
    • No, there is no requirement to go to the ombudsman before going to court. You can certainly do that but you're not obliged to. In terms of recovering damages for lost time, this is probably not possible and frankly it only adds to the complication of the conflict. I'm afraid that you are going to have to get used to the idea that they get paid for screwing up your account and you have to unscrew it for free. You're talking about acting fairly as if that cut some ice? – Bless.
    • Hi all,   Its been bugging me for a while but AW have been running quite a relentless and no doubt costly self promoting TV ad campaign. Bearing in mind that unlike other commercial entities AW is fortunate that is has a huge region of its own with no outside competition meaning that its customers do not have an alternative supplier. At the very least their adverts are not factual in every way as they always finish with a scene showing of a couple engineers working through the night in fowl weather to repair a leak when in reality they do the exact opposite.   My point though (before I go off on a rant about AW's many misgivings) is this.   As end users with no alternative supplier, is it legal for a company with no outside competition to use their customers money to self promote themselves? Even if they are using money from their profits its still coming out of customers pockets via their water bills. The adverts are not going to drum up extra business as their customers are basically captive and have no other options.   Cheers, Chris
    • Thanks both for your input. Like you said UB a better tariff is unlikely - looking at the state of the energy market at the moment I think they are long gone lol.   if they don’t accept it and we hit a stalemate. Obviously the comments above suggest that the ombudsman is useless! And Court would be the better option. I’m assuming that I would need to go ombudsman first before any further action just to show I’ve tried to resolve it amicably.   if it did go to court I’m assuming my case direction would be over being mis-sold and done via moneyclaim?. Then I suppose I can also factor in the time cost as well on all this; I’ve got phone calls and chat logs showing how much times been dedicated to this. I feel I’m being more than fair with my ask   Thanks both 
    • This compensation mostly relates to a future loss due to tariffs not being available. Therefore any loss would be estimated based on average energy usage.   British Gas may want to apply credit to your account to help compensate, but they may want to see what happens with energy prices. For example, if more energy supplies become available, they can start offering a better fixed rate than you are on at the moment. Unlikely, but I can see this as argument, that beyond the £100 offered so far, they would not want to increase this by much, as the potential loss can mostly only be estimated.
  • Recommended Topics

  • Our picks

  • Recommended Topics

Abbey's new "no breach" defence


GaryH
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3683 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Removed due to recent developments - http://www.consumeractiongroup.co.uk/forum/abbey-bank/111050-abbeys-new-no-breach-4.html#post1776035

Edited by GaryH

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

  • Replies 88
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Anyone who has recieved the new defence please post here. I can't attach it here becouse I'm out of attachment space, but mine is 5 pages long and has 14 paragraphs. Para 3 is;

It is denied that those charges payable and that rate of interest applicable upon a customer going into unauthorised overdraft or exceeding an authorised overdraft constitute a penalty at common law. It is denied that those charges and that interest are payable on breach of contract.

Also, anyone who has recieved the old one (which admits a breach of contract) recently can you please post here with details of when it was recieved.

 

Thanks.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Only really after details of the old one's if they were served within the last week or so - say, sometime in August. :)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

I have the new one - have 3 claims going through and have been served the new one with 2 of the claims. They haven't defended the 3rd yet (they have till first week of sept to do this). One of the claims looks like it will still be heard, but the other 2 are/will be stayed at MCOL.

 

Do you need a copy of the new defence?

Link to post
Share on other sites

I have 2 claims with Abbey.

 

The first one is dated 21/05/07 and is the old still defence where they say I have breached the contract and the fees charged reflect and are proportionate to the defendants admininistrative expensed incurred because of this breach. It then goes on to say even if they are not proportionate (which is denied), I remain liable to pay such fees as may be found to be proportionate and I am not entitled to claim repayment of the full amount of each claim.

 

The second defence dated 08/08/07, (mine is 7 pages and has 24 points)is totally different and denies that going into overdraft constitutes a breach of contract!

I also says:-

18. An overdraft constitures a loan, not a contract "under which a person ... agrees to carry out a service" within the meaning of section 12 of the 1982 Act. Accordingly, section 15 of the 1982 Act is of no application to an overdraft.

Link to post
Share on other sites

I have the new one - have 3 claims going through and have been served the new one with 2 of the claims. They haven't defended the 3rd yet (they have till first week of sept to do this). One of the claims looks like it will still be heard, but the other 2 are/will be stayed at MCOL.

 

Do you need a copy of the new defence?

Yes please, to compare if its the same. Either type it up here or if its easier I'll send you my e-mail address.

 

I got this defence through yesterday for my o/h's claim. They must think we are stupid - they have defended on the basis of terms that weren't even in existance when the charges were taken. Its ridiculous! I'm applying for summary judgment, and would advise others to do the same. I'll post something up here later on.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

I also says:-

18. An overdraft constitures a loan, not a contract "under which a person ... agrees to carry out a service" within the meaning of section 12 of the 1982 Act. Accordingly, section 15 of the 1982 Act is of no application to an overdraft.

 

Now that's an interesting twist, because surely CCA 74 s77/8 now takes effect and without an executed agreement it is unenforceable.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

I have 2 claims with Abbey.

 

The first one is dated 21/05/07 and is the old still defence where they say I have breached the contract and the fees charged reflect and are proportionate to the defendants admininistrative expensed incurred because of this breach. It then goes on to say even if they are not proportionate (which is denied), I remain liable to pay such fees as may be found to be proportionate and I am not entitled to claim repayment of the full amount of each claim.

 

The second defence dated 08/08/07, (mine is 7 pages and has 24 points)is totally different and denies that going into overdraft constitutes a breach of contract!

I also says:-

18. An overdraft constitures a loan, not a contract "under which a person ... agrees to carry out a service" within the meaning of section 12 of the 1982 Act. Accordingly, section 15 of the 1982 Act is of no application to an overdraft.

Excellent. The charges were taken under the same terms and one defence admits a breach and the other completely contradicts it! Its almost funny!

 

Can you e-mail me yours, please? It seems much longer than mine.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Does anyone have a copy of Abbey's new terms and conditions? If so, when do they take effect? The ones published on their website are still the old ones.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Excellent - thanks. :)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Great - have you got a scanner? Who signed the statement of truth?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Yes please - I'll send you my e-mail address.

 

Cheers.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Hi GaryH

 

I have the new T & C's, and the accompanying letter is dated 24 July 2007. The Code on the bottom of the Abbey Personal Current Account Key Features and Price List says:

 

BANK 0018 JUL 07 DS

 

And on the actual T & C booklet it says:

 

BANK 0042 MAY 07 DS

 

Hope that helps.

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Just read the bottom of the letter and it says:

 

"Please take the time to carefully read both of these important documents, which take effect from 10th September 2007."

 

Very interesting!!!!

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Thanks Jo.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

hi.. I got a copy of the new abbey defence, cover letter dated 10/08/07

 

Do I wait for a court date now? before submitting my bundle?

 

- finding it tough wading through this :( great resource this site though - wouldnt have had the courage or conviction to stay on track without all the help n advice offered here

Link to post
Share on other sites

See post #1. :)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...