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Abbey (merged)

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  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Standard letter from Abbey, you need to write and tell them you will accept it in part payment and will be proceeding to court for the rest. Have a read of this regarding for your reply.

    http://forums.moneysavingexpert.com/showthread.html?t=434975
  • Brickie103
    Brickie103 Posts: 71 Forumite
    Can anyone help me please??!

    I havent been on here for few weeks as i am at the stage where i am waiting for a court date from St.Helens County Court.

    I am taking Abbey for approx £2.5k of bank charges and have followed all the steps recommended by the lovely Martin!

    The account in question isnt being used anymore, however i am still owing them £316 overdraft.
    Abbey how now referred this onto a second DCA and the DCA have sent me a letter saying that i must pay up or they are taking me to court!!
    I have already called them telling them that i am in dispute with Abbey over this account and am just waiting for a court date, so i wont be paying anything until its resolved. This seems to have fallen on deaf ears!!

    The court tells me that my case has been passed onto the judge and i think the AQ has been wavered. they tell me to just wait now for a date.

    I dont know what to get ready for a court bundle and also cant get any joy on the CAG website.

    But i am worried because the DCA will be sending me court costs soon or sending the bailiffs out!

    Can anyone give me any advice on what to do next??!
    Do i have to make payments to Abbey even though i am taking them to court? As they owe me a lot more than i owe them!!

    AAAARRRGGGGHHH!!

    Please help!!

    Thanks!
  • DotingDad
    DotingDad Posts: 70 Forumite
    Brickie103 wrote: »
    Can anyone help me please??!

    I havent been on here for few weeks as i am at the stage where i am waiting for a court date from St.Helens County Court.

    I am taking Abbey for approx £2.5k of bank charges and have followed all the steps recommended by the lovely Martin!

    The account in question isnt being used anymore, however i am still owing them £316 overdraft.
    Abbey how now referred this onto a second DCA and the DCA have sent me a letter saying that i must pay up or they are taking me to court!!
    I have already called them telling them that i am in dispute with Abbey over this account and am just waiting for a court date, so i wont be paying anything until its resolved. This seems to have fallen on deaf ears!!

    The court tells me that my case has been passed onto the judge and i think the AQ has been wavered. they tell me to just wait now for a date.

    I dont know what to get ready for a court bundle and also cant get any joy on the CAG website.

    But i am worried because the DCA will be sending me court costs soon or sending the bailiffs out!

    Can anyone give me any advice on what to do next??!
    Do i have to make payments to Abbey even though i am taking them to court? As they owe me a lot more than i owe them!!

    AAAARRRGGGGHHH!!

    Please help!!

    Thanks!

    You say you have called the DCA. My advice would be to write sending the letter by recorded delivery and if possible fax them since the fax machine should print off a report confirming delivery.

    I would explain the circumstances and maybe even send a photocopy of non-sensitive correspondence from the court as "proof."

    Keep a copy of all letters and enclosures that you send them along with recorded delivery and/or fax machine receipts.

    That should stop the DCA in their tracks. In the unlikely event of them still coming after you by sending bailiffs etc then you will have the ammunition to later go after them as you will be able to demonstrate that they have ignored evidence that the debt is disputed.

    Good luck to you!
  • Brickie103
    Brickie103 Posts: 71 Forumite
    DotingDad wrote: »
    You say you have called the DCA. My advice would be to write sending the letter by recorded delivery and if possible fax them since the fax machine should print off a report confirming delivery.

    I would explain the circumstances and maybe even send a photocopy of non-sensitive correspondence from the court as "proof."

    Keep a copy of all letters and enclosures that you send them along with recorded delivery and/or fax machine receipts.

    That should stop the DCA in their tracks. In the unlikely event of them still coming after you by sending bailiffs etc then you will have the ammunition to later go after them as you will be able to demonstrate that they have ignored evidence that the debt is disputed.

    Good luck to you!

    Thanks for that Dotingdad!

    So you think i should send a letter explaining the situation? (i send all my letters recorded and have done with the Abbey process) Although what worried me was that the lady on the phone said that i still have to make payments even though the account was in dispute!
    I have read somewhere i'm sure that if a debt is in dispute you dont have to pay anything from it until the dispute has been resolved, also, i'm a bit worried as to how to handle this in court when i get called in! the judge could say that even though i am claiming charges back from Abbey, i, however owe them money! (although in hindsight i wouldnt if i didnt occur all those ridiculous charges!!)

    Am i right or wrong there?

    the first DCA Abbey sent my debt to handed it back to Abbey as soon as i phoned to explain what was happening, this one seems to be trying scare tactics, and i have to admit, its working slightly!

    Thanks again!
  • redders20
    redders20 Posts: 5 Forumite
    I have received this months bank statement from Abbey and have another £110 worth of bank charges caused by going overdrawn when they took out last months bank charges. Can't they see it's a vicious circle?!!

    What's unbelievable though about this months charges are that one of them is for £30, for clearing the £10 cheque I sent them for the statements, nearly a month before!!!!:mad: :mad: UN-BELIEVABLE!!!! I was overdrawn by £5 and they decide to cash a cheque when I have no money in my account. They probably did it on purpose!!:mad: :mad: :mad:

    I have also noticed that a Direct Debit has been cancelled and I didn't cancel it. Are they starting to play games with my account. I will have to keep a close eye out for any further tricks they pull. :eek:

    Red
    :p This is for Abbey :p
  • chops05
    chops05 Posts: 178 Forumite
    Part of the Furniture Combo Breaker
    I stayed up late last night preparing my court bundle which I was going to send off this morning. Before I went to the Post Office my postman arrived with a suspicious looking envelope from the abbey. They are paying all charges plus interest and plus all the court costs!! I'm so pleased!!! :j :j :j :j

    I know from everyone's advice on here that it wouldn't go as far as me appearing in court but I was concerend that I might have to be the first person to actually face the Abbey in court!!

    My advice to everyone who has just started claiming is to stick with it. Abbey will try all sorts of delay tactics to stop you from getting your money back but perserve and it does pay off - litereally lol!!! :rotfl:

    thanks for everyones help and advice on here :T :beer:
  • New Poster here. So far have not had too much trouble with Abbey, they have provided all my statements back to 2001 in various forms. However the last year’s statements have arrived with the charges sections blank. I have a number of the originals and have proved to them over the phone that on one there was £20 charge and another charges totalling £50. Can they do this? I have complained by phone, email and a letter but it seems I will have enough to go ahead with anyway.
  • We have one joint account with Abbey and one personal account. We are just about to start the court proceedings.

    Should we prepare for the bank to close both accounts or just the joint account?

    Parachute account ready to set up for the joint but not for the personal account.

    Many tahnks
  • yeovillad
    yeovillad Posts: 21 Forumite
    Brickie103 wrote: »
    Can anyone help me please??!

    I havent been on here for few weeks as i am at the stage where i am waiting for a court date from St.Helens County Court.

    I am taking Abbey for approx £2.5k of bank charges and have followed all the steps recommended by the lovely Martin!

    The account in question isnt being used anymore, however i am still owing them £316 overdraft.
    Abbey how now referred this onto a second DCA and the DCA have sent me a letter saying that i must pay up or they are taking me to court!!
    I have already called them telling them that i am in dispute with Abbey over this account and am just waiting for a court date, so i wont be paying anything until its resolved. This seems to have fallen on deaf ears!!

    The court tells me that my case has been passed onto the judge and i think the AQ has been wavered. they tell me to just wait now for a date.

    I dont know what to get ready for a court bundle and also cant get any joy on the CAG website.

    But i am worried because the DCA will be sending me court costs soon or sending the bailiffs out!

    Can anyone give me any advice on what to do next??!
    Do i have to make payments to Abbey even though i am taking them to court? As they owe me a lot more than i owe them!!

    AAAARRRGGGGHHH!!

    Please help!!

    Thanks!

    I am also with a DCA from Abbey and have to pay them £10 a month. I told them that the debt has been caused by Bank Charges and I am taking Abbey to court. They still want their £10 a month. When I get my money back I have to pay them the balance so in effect the debt will be written off. So half of my claim will go in one hand and out the other. I also do not know what a court bundle is. But a good idea is to go down to your citizens Advice bureau, they helped me out quite a bit.
    Be encouraged and keep fighting.
  • yeovillad
    yeovillad Posts: 21 Forumite
    redders20 wrote: »
    I have received this months bank statement from Abbey and have another £110 worth of bank charges caused by going overdrawn when they took out last months bank charges. Can't they see it's a vicious circle?!!

    What's unbelievable though about this months charges are that one of them is for £30, for clearing the £10 cheque I sent them for the statements, nearly a month before!!!!:mad: :mad: UN-BELIEVABLE!!!! I was overdrawn by £5 and they decide to cash a cheque when I have no money in my account. They probably did it on purpose!!:mad: :mad: :mad:

    I have also noticed that a Direct Debit has been cancelled and I didn't cancel it. Are they starting to play games with my account. I will have to keep a close eye out for any further tricks they pull. :eek:

    Red
    You have my sympathy, they just want to make as much profit as possible for their Spanish owners, the fact that you are a human being who is suffering
    does not register with them. They want more and more money and there will never be enough. And yes they will pull a lot of tricks to get it.
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