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My Stay's Been Lifted !! ** WON**


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Hi all,thought id update and try and uplift everyone, ive had my offer accepted!! my claim was for £4'285 abbey offered £3'750 i emailed them bac,said id only accept £4'000 as final settlement a week later (today) Inga email's me to say..... "offer accepted,will email you shortly with more details on how it will proceed from here" :D

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CONGRATULATIONS WELL DONE!!!!!!!!! done cancel anything at the court until you receive funds though, but you can inform them

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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So they are still too scared to go into the courtroom, they have changed from their "we will not nter into any further discussions until the end of the TC" they were using not long ago.

 

Well done you.

:madgrin:

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Well its finally all over for me, after 7 long months ive finally got my payout....hurray. the money is now showing in my account as available next wednesday, and lucky me its my week off work so im gonna go have some fun :D. Thanks to everyone who's a member of this site for helping me along the way, and good luck to everyone still in the process of claiming :)

pinkbabez x

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Many congratulations on your lift of stay and finally being paid out by Abbey that is great progress.

 

I wish however that I could say the same. my case for a lift of stay on hardship grounds on my hearing this week I was told bt the DJ that all these hearings are being transferred to a London Court and will be heard by a Circuit Judge. Abbey sent a Barrister along to my no hearing... After the no hearing the Barrister gave to me a Judgement handed out by a Circuit Judge, regarding 4 hardship cases and all 4 cases did not get their their stays lifted.In this Judgement the name of the Circuit Judge that will be hearing my case is mentioned in that document.

 

Would you please do me a very great favour and PM me your case no, name and court so I can have some amunition to use.

 

Many thanks

Dsxx

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Well done pinkbabez,

such good news in a sea of bleakness at the moment.

Big congratulations on a well deserved win.

Go and enjoy it and shop till you drop.

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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cant believe theve actually let it get as far as a court hearing, as soon as abbey knew my stay had been lifted they agreed to discuss settlement figures. on what terms did the judge agree to lift the stay ? good luck anyway....cant offer any advice as luckily i didnt have to go that far ! :)

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yeah thats right, just give them your case number then they should be able to find all the details of your claim. its so much quicker to do it through e-mail than writing and your dealing straight with the person you need rather than through abbey who then pass it onto ashurst ect...not sure where i got the e-mail address its been going on for that long!

when my stay was lifted i emailed Inga to let them know that it would definately be going to court and i was prepared for it,she e-mailed back asking me to send a copy of the court order so that she could ask for instructions from abbey and it all progressed from there :D i think you should def try and get them to pay out before the date.

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  • 2 weeks later...
  • 9 months later...

How do they determine grounds of hardship.

 

I wonder if I would qualify as I have 4 loans/credit debts that I have negotiated lower payments on that I can only just cover but over the past year due to me losing my job (not my fault but unproveable) I encountered many many "commission" charges when the DWP didnt pay up the JSA on time without notifying me and this left me having DDs refused and "commissions" applied. This was over a 14 week period until I found another job.

 

I did write a letter of complaint to the DWP (and cc my MP who sends me gleeful letters of replies shes received weeks after Ive forced the issues to get the replies) regarding their non notification of these dates and requesting compensation for charges incurred due to this plus constant telephone calls etc to the JSA to find out why I hadnt been paid but they have as yet not replied even though the letter was sent on 05/03/08!!!

 

We are still paying all our money out on these agreed negotiated payments therefore not a lot of cash spare.

 

I think I shall look through the correct section to see if I can get any further with the DWP one without bothering with our useless MP.

 

Andy

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How do they determine grounds of hardship.

 

I wonder if I would qualify as I have 4 loans/credit debts that I have negotiated lower payments on that I can only just cover but over the past year due to me losing my job (not my fault but unproveable) I encountered many many "commission" charges when the DWP didnt pay up the JSA on time without notifying me and this left me having DDs refused and "commissions" applied. This was over a 14 week period until I found another job.

 

I did write a letter of complaint to the DWP (and cc my MP who sends me gleeful letters of replies shes received weeks after Ive forced the issues to get the replies) regarding their non notification of these dates and requesting compensation for charges incurred due to this plus constant telephone calls etc to the JSA to find out why I hadnt been paid but they have as yet not replied even though the letter was sent on 05/03/08!!!

 

We are still paying all our money out on these agreed negotiated payments therefore not a lot of cash spare.

 

I think I shall look through the correct section to see if I can get any further with the DWP one without bothering with our useless MP.

 

Andy

 

Hi Andy

 

These are the FSA waiver hardship rules, you should have a good read and if you fall into the at least one or more you should be able to make a claim providing you can show the evidences to support your claim.

 

1. You will need to complete and income and expenses summary.

2. You need to complete an up todate spready of charges and interest.

3. A letter outlining why you consider that you come under genuine hardship.

4. Enclose all evidences including any medical letters, rent/mortgage/council tax/electricity/gas etc arrears and evidences of income.

 

5. If you have not already done a pre-lim letter you can do a combined letter with the hardship including 1-4 above and send to customers services with your account number.

 

Basically as much info as you can give them will speed up them coming to an early decision.

 

I have now heard of at least 5 cases with Abbey that has has positive desisions in the last few days and Abbey seem to be the leaders in agreeing the genuine hardship cases.

 

From what you have already said you may well come under the hardship.

 

Good luck

 

Tuttsi xx

 

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

 

2. In making an assessment of financial difficulty the firm will take into account:

 

a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

 

b. evidence of the following events:

 

i. items repeatedly being returned unpaid due to lack of available funds;

ii. failing to make loan repayments or other commitments;

iii. discontinuation of regular credits;

iv. notification of some form of insolvency or court proceedings;

v. regular requests for increased borrowing or repeated rescheduling of debts;

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

 

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

 

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

 

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

 

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.

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  • 2 months later...

hey not been online much recently but I am so glad you won I know you needed it. Anyway hope things got better for you x

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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