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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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have put me through to the banking centre..........have explianed the situation calmly asking how can i feed a family of 4 on £2.97???? put me on hold again, the telephone company is going to love this!!!!

have quoted the relevant part of the letter saying will reverse charges.....

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

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said can't do anything till monday........told them I want this resolved today...they said will arrange a manager to call back sometime within 24 working hours...i said no, you can return my call within the hour, today is my food shopping day, I have no food to feed my two small children, I want this resolved within an hour, got put on hold again......they promised they will do their best to contact within an hour. I said fine,if I don't hear within an hour I will be back on the phone waiting for you to reslove this!!

Was very calm and collected(which is ssoooo unlike me!!!)

Waiting for call back now!!

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

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I don't suppose you are going out to rob my bank for my money back are you?!?!?!?!?

 

(I am joking by the way!!!)

Will keep you updated on the situation.... 30 mins left!!!

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

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Got my £220 back. They didn't call back within an hour so I called them again, told them they had half an hour more to call me back. Within 5 mins got a call saying they will refund these charges as a goodwill gesture with exceptional circumstances!!!

No mention was made of my claim so I didn't remind them!!hahaha

And therefore nothing was said about full and final settlement or partial!! Got my £220 back!!!

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

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Thank goodness!

 

I read your posts this morning and really felt for your situation. Got 4 kids myself and I know the nightmare that you are going through.

 

Keep strong. I'm still waiting for my refund from Abbey, but have been successful with Halifax - it's a great feeling, and I know how good you'll feel when Abbey pay up.

:)

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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reading your posts as it happens,really got my blood boiling chica , im no were near your amount as yet and mine with A&L.

 

but its something to keep in mind how they can get away with this and not have to pay compensation for stress/hardship etc, and in effect placing you in this destitute situation by the banks.

 

if you got mugged in the street, you could claim compensation, yet it makes me wonder

is there any legal text we could add into our claims to account for such restitution BTW ?.

 

thanks for that info karnevil 7days before seems long, and im wondering if it only becomes active if you give it in writing as apposed to the verbal phoning (in my case A&L phone banking) and id have to allow several days? before i could be sure of the amount being in my account.

 

guess this weeks child benefit will again be taken by them as im still gobsmacked that id have to tell the bank exactly what i spend my appropriation on were as the social security office staff know its for essentials , thats mad.

 

 

chica, would anyone in your family have a simple post office account that you could have your child benefit and wages etc transfered into as a temp situation so these people cant do this again?.

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I've opened up a parachute account with the co-op and I am going to transfer everything to there. This month I am also going to file my moneyclaim online. Things are very tight moneywise here but my car broke down and is irrepairable so daddy is buying me a new one and lending me the money to pay for the claim. I have decided I'm doing Abbey first, then Halifax(£+default), and then when my money comes back to me, pay for the others I've got on the go.

Thanks everyone for your support. I really appreciate it.

Roll on next week for my moneyclaim!!!!

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

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Letter recieved re the telephone call sat morn.

Thanks for you recent call.I'm sorry to hear that you're unhappy as you've recieved charges on your Abbey account.

As discussed, an investigation of the charges relating to your account has been carried out. As they have been applied in line with our current tarriff of charges and haven't arisen as a result of a proven Abbey error, no futer refunds will be appiled.

Please be assured I've carried out a full investigation for you and I hope you feel I've offered a fair response to all of the issues you've raised. I'll keep your file open for the next eight weeks and if I don't hear from you withtin that time, I'll assume that everything is resolved and will close your file.

If you remain dissatified though, the leaflet you'll find with this letter explains your rights and how to take your complaint futher with Abbey. The leaflet also explains your ultimate right to refer your complaint to the Financial Ombudsman Service. Yours sincerly, Antony Turbitt. Manager, Banking Servicing.

 

Any thoughts folks??

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

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Is there a post somewhere to help me fill out a N1? Do I just go into the court and ask for one?

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

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Thanks Karnevil. You've been a real help to me and I sure to many others!!!

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

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  • 3 weeks later...

Hi all, I am filling inmy moneyclaimonline and I was wondering if this is correct???

 

 

Particulars of claim:

I have a contract with the defendant bank dated Nov 2004 and which is conducted on their standard terms and conditions. I are claiming the return of money taken by the defendant in the way of charges over the last 2 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

I am claiming interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21 Mar 2005 to 15 Sept 2006 of £1892.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.42p

 

 

Any advice please?

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

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Also the amount I am claiming on the claim amount section is without or with interest? And when do I put the £10 for the sar in? And the court fees claim back?

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

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I am claiming interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21 Mar 2005 to 15 Sept 2006 of £1892.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.42p

 

 

Any advice please?

 

£1892 - This figure should be just the 8% interest calculation, whereas I suspect this is your charges + 8%?

 

£0.42p - This figure should be just your charges X 0.00022

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I have a contract with the bank

dated Nov 2004 and which is conducted on

their standard terms and conditions. I am

claiming the return of money taken by the

Abbey in the way of charges over the

last 2 years plus the interest they have

levied on those charges. The bank's charges

are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. I have

repeatedly asked the bank to justify their

charges but they have declined to do

so. I am claiming interest under section 69

of the County Courts Act 1984 at the rate

of 8% a year from 21 Mar 2005 to 15 Sept

2006 of £108.25 and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.42p.

 

 

 

Hi Guys. With regards to the wording above, I am trying to file my claim online but it tells me I have too many lines. Only allowed 24 apparetnly. Is there anyway I can shorten this without taking the important stuff out???

Thanks

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

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Its still to many lines. I need to shorten it by 3 lines but I don't want to leave important bits out. Any ideas?

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

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I have a contract with the bank

dated (from) Nov 2004 and which is conducted on

their standard terms and conditions. I am (delete)

claiming (delete)

the return of money taken by the

Abbey in the way of charges over the

last 2 years plus the (and)

interest they have (delete)levied on those charges. The bank's (delete)charges

are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. I have

repeatedly asked the bank to justify their

charges but they have declined to do Defendant has declined justification of charges despite repeated requests

so. I am claiming interest under section 69

of the County Courts Act 1984 at the rate

of 8% a year from 21 Mar 2005 to 15 Sept

2006 of £108.25 and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.42p

 

 

Any good?

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  • 3 weeks later...

Claim was submitted on 25th Sept, the court deem the claim to be delivered to Abbey on the 30th which leaves them until the 14th Oct to reply.

Abbey acknowledge on the 10th October. Do I know expect a letter in the post from them? What will it say?

Chica

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

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Abbey have advised me that DLA Rowdy Roddy Piper or whoever they are (the common solicitors) are not dealing with my case. Abbey will be defend themselves. I get the feeling this is a bad thing??!! True?????

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

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Claim was acknowledge by the Abbey on the 10th of October. What happens next?

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

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Today is now 27 days from service. Do I carry on waiting or have I won by default tomorrow?

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

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