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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
  • Our picks

Chica vs Abbey ** WON **


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Hi all.

Am claiming back £1767 from Abbey.

Is a schedule of charges just alist for them to confirm the amount ie. date, amount, type of charge etc.

Thanks for your help

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Update!!!

Sent my repayment of charges claim letter on the 26/06/06 for £1791!!! They have recieved it and signed for it today (30/06/06) My fingers are crossed!!!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Hi folks

How long do the Abbey normally take to reply to letters? I sent the request for repayment last week and am now jumping every time the postie comes!!!

 

Also got my June statement today with another £125 charges on it!!!!

Really must sort my finances out!!!!!!!

 

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Hiya folks,

Recieved this letter from Abbey today

Dated 30th June

Dear Mrs Chica

Thankyou for contacting us and I am sorry that you have been so unhappy that you felt you must complain.

One of my team will be responsible for investigating your compliant and I have enclosed our Compliants leaflet, which explains our procedure for doing this. Hogh quality customer service is of great importance to us at Abbey and we will do everything we can to resolve your compliant in a timely and satisfactory manner.I know it is important to you that we resolve your compliant quickly, but we want to do a thorough investigation and sometimes this can take time. I f we have not contacted you you before then, we will write to you in 4 weeks to let you know what is happening.

Although I do not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with.

Yours sincerly

Marc Winder

Head of complaints.

 

 

Standard fob off letter I realise!!!

I sent my request for repayment on the 26th but they didn't sign for it and therefore recieved until the 30th. Which date should I use for my LBA?

Thanks folks.

Have applied for a parachute account with the co-op just in case the Abbeuy gets shut but its gone to the underwriters. What exactly does that ,mean???

Thanks for all your help!!!

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Hiya folks,

Recieved this letter from Abbey today

Dated 30th June

Dear Mrs Chica

Thankyou for contacting us and I am sorry that you have been so unhappy that you felt you must complain.

One of my team will be responsible for investigating your compliant and I have enclosed our Compliants leaflet, which explains our procedure for doing this. Hogh quality customer service is of great importance to us at Abbey and we will do everything we can to resolve your compliant in a timely and satisfactory manner.I know it is important to you that we resolve your compliant quickly, but we want to do a thorough investigation and sometimes this can take time. I f we have not contacted you you before then, we will write to you in 4 weeks to let you know what is happening.

Although I do not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with.

Yours sincerly

Marc Winder

Head of complaints.

 

 

Standard fob off letter I realise!!!

I sent my request for repayment on the 26th but they didn't sign for it and therefore recieved until the 30th. Which date should I use for my LBA?

Thanks folks.

Have applied for a parachute account with the co-op just in case the Abbeuy gets shut but its gone to the underwriters. What exactly does that ,mean???

Thanks for all your help!!!

Chica

 

I got exactly the same letter today with regard to a claim I am doing. Also signed by Marc Winder :D

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Hiya just getting ready to send my lba letter tomorrow but am wondering whether I have calculated the interest they have charged me while being overdrawn correctly. I make it out to only be £0.91 Could this be right???

Ta

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Hiya again!!!

I've gone through my past statments again and can only find £0.91 deducted from my account under 'interest charged while overdrawn'!! As micheal says this can't be right!! Any ideas folks?

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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I am still confused about this interest that Abbey have debited from my account over the two years. I still get it to be £0.91. I tried to download the openoffice last night because I don't have Excel to use the spreadsheet for interest caculation. It told ne it would take 6 hours so I left it overnight and when I got up this morning my computer had an error on it!!!!!!!!

What can I do?

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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I'm gonna go with my original calculation of £0.91 as I've gone through the statements again and again. I reckon that is probably right as am only overdrawn for a few days before the salaries go in again.

Gonna post it today!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Good luck my LBA was sent yesterday :)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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  • 3 weeks later...

Letter recieved from Abbey today:

 

26 July 2006.

 

Dear Chica,

Thank you for your letters of 26 June 2006 and 12 July 2006. I am sorry that we have given you cause to complain in relation to the charges incurred on you Abbey Current Account.

I have carefully consider the points you have raised, namely that you feel the charges are contrary to the Unfair Terms in Consumer Regulations 1999. The fact remains however that charges in question were promted by payment requests against insufficent funds. As such, they are valid and in line with our Terms and Conditions. Furthermore, having reviewed the history of your account, I can see this is not the first time you have incurred charges.

I note you say that you are unhappy with the charges you have incurred over the past two years. If you felt at any time the charges were unfair or incorrect, then the matter should have been raised at the time.

We do not feel that Abbey's charges are unfair under these regulations. When you opened the acoount with Abbey, you were provided with Terms and Conditions that detailed the charges taht become applicable should you breach the terms of the account. Abbey is upfront and transparent about all its banking charges as set out in the tariff of charges.

The Office of Fair Trading accounment was in relation to credit cards default charges and not overdraft default charges or to other products, such as bank accounts. This means our tariff of charges continues to apply.

Abbey's current account is good value and our charges compare fairly with other banks. For most people, banking is free and they do not incur charges.

However, as a one off gesture of goodwill, I would like to offer to reverse charges which are currently pending on your account totalling £220, in full and final settlement of your complaint. Please confirm your acceptance by signing and returning the enclosed form in the prepaid envelope provided within 3 eeks. If Ido not hear from you in this time, I will have to assume you are not accepting the offer and it will be withdrawn.

If the complaint escalates unto a claim in the county court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the T&C's.

I accept that you did not set out to incurr charges. Ultimately however, it is your responsibility to moniter your account and ensure there are sufficent funds in your account at all times, even in exceptional circumstances. Any future charges will therefore have to stand.

This is my final resolution letter. However if you would like to discuss this letter or have any new points you belive should be taken into consideration, and which may make a difference to the outcome of the investigation, please contact me within 14 days of the date of this letter on the above number. If I do not hear form you by then, and you have not askedus to extend that deadline for any reason, I will file my papaers accordingly.

Should you remain dissatisfied with the outcome of our investigation, I would like to remind you that can refer your complaint to the financial ombudsman service. I enclose a booklet explaining how to take your complaint to the fos and should you wish to do so, there is a time limit of six months from the date of this letter.

Yours sincerly,

Simon Stokes

Customer Resolution Manager

Complaints.

 

Enclose is a prepaid envelope and a letter saying:

I acknowledge receipt of your offer to reverse pending charges totalling £220 on my Abbey Current Account and accept in full and final settlement of my compliant.

 

 

 

Obviously I am not accepting £220 on a claim of nearly £2000!!!

What's the next step?

Anyone else had this?

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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I haven't submitted my claim yet, mainly because I can only afford to submit one claim per month really and I have two claims at the same time.

One for the Abbey for £1791 and one for the Halifax for £1790 + removal of default. Which do I claim first?

Any ideas?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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That was the same letter as the one I got today, but I filed the Moneyclaim form in on Wednesday :)

 

Not sure which one you should do first, Abbey are notorious for dragging their heels but I am not sure if the Halifax are any quicker.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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I'm assuming that all this money to pay out gets refunded when I win my case?

Cos so far its £10 DPA, £150 court costs approx, £100 Allocation Fee, someone has mentioned £65 for a warrant of execution....... I don't have this money lying around because the bank had already took it all!!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 3 weeks later...

I am well pi$$ed off with the Abbey. As posted above I recieved a letter saying we'll refunded your £220 charges as a gesture of goodwill......I replied saying thanks I'll take it as part settlement...guess what ....the B*****DS TOOK MY MONEY YESTERDAY!!!!!!!!!!!!!!!!!!!Leaving me with £2.97 for the entire month!!! Hello, family of four, no food in cupboard, no petrol in car etc............what the f*** am I going to do!!!???!!??!!?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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been there - i'm so sorry it's horrible - have you got another account open yet? Any chance of a temporary overdraft with them I know I can't cos been refused but you might be able to. I also got a Capital 1 Card - only get £200 credit but i use it in emergencies and then pay it off to avoid horrendous charges. Doesn't help today tho I know.

 

L

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I have bad credit,CCJ's and such so no chance of getting credit anywhere or even an overdraft.

I'm thinking of phoning to have a go...what do you think?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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The Shabbey sent me a letter on the 26th July as posted above saying that as a gesture of good will etc etc they will refund pending charges on my account if I replied within 3 weeks. That takes us up to 17th August. I replied 11 August saying thanks I'll take the £220 back as part settlement etc etc. And now they have took the £220 out!!! One other thing is that they are charging me for an unpaid standing order that was CANCELLED 3 months ago!!!

 

I need this £220 otherwise I have no food or bus fares!!!!!!!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Thats right, they said we'll reverse pending charges of £220 due out on the 18th August. I accepted as partial settlement and sent it back in their prepaid envelope. And now they have took £220 out of my account yesterday for charges!!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Thanks Karnievil Will do as you suggested. They did give me advance notice as it was noted on my last months bank statements.

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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