BF v Abbey SUCCESS

**Jester** · 22nd July 2008, 14:12:PM

Re: BF v Abbey

Hi,

I'm trying the hardship rule too, but am going through the FOS for this (despite my claim having originally gone through the court system before being stayed). I don't know if I will get anywhere with this, but I have to give it a try as I qualify under every definition of Hardship shown in the new Waiver.

I've just sent a letter off the FOS today (within the last 30 mins actually). If it helps you at all you'll find what I have said to the FOS in my letter on my thread in the Banks forums.

The link is here if it helps you at all

Jester Vs First Direct - Legal Beagles

**bloomingflower** · 22nd July 2008, 14:24:PM

Re: BF v Abbey

Hi Jester!

many thanxs for your reply, really do appreciate it..

yes,thankyou Jester, I am gonna have a peruse on your thread and see if I can come up with anything)obviously my financial situation would be different to yours.. dont have a mortgage, as I rent ( have small arrears on account) but I do have loads of other arrears, debts, council tax,,bills etc...so.. ill try and pick it bit by bit..and see what happens!

Thankyou once again!

BF x

**Paule** · 22nd July 2008, 14:28:PM

Re: BF v Abbey

Originally posted by bloomingflower View Post

My main threads are over on RUC.. (if im allowed to say that!)

Yes, we like to encourage realtionships amongst the charges sites

Originally posted by bloomingflower View Post

My question is.... before I go ahead and draft up a hardship letter to Abbey and state to them that I would be prepared to accept the charges as a partial settlement without any form of interest (IF they agree and end up offering the charges only) Would it be within my rights to proceed my case for CI after the Stays have been lifted ??

I do beleive that you are on sticky ground if you try to proceed on the CI element alone, I beleive that a case was lost on this ground, and therefore it is recommended to keep the claim fully intact with no partial offers accepted.

There are others who are more clued up on the CI approach, who will advise you better on this. I think Bud will pop along soon as he has good experience in CI.

**bloomingflower** · 22nd July 2008, 14:50:PM

Re: BF v Abbey

Thanxs Pkea!

yes, the whole issue of CI has always been a shaky thing... and thats why I have always been worried about pursuing my claims with CI. whether before or after the end of the Test Case.. I do know from reading many threads and posts in the past about claiming CI it is a very difficult subject. Some people say yes.. and others say no.. It starts to get very confusing on the whole matter. I expect the whole idea of it seems the right thing to do.. and all we can do is try..

Nevertheless,all my claims are now on hold in the court system and are all based on claiming CI...

BF x

**Amethyst** · 22nd July 2008, 15:32:PM

Re: BF v Abbey

Hey honey xxx

Yep have a read through Jesters thread, hes worked hard on a letter - it is very personal to his situation but should give you a rough idea.

What claims do you currently have in the system.....who with, what for and what amounts.

Have you taken any to FOS already ?

Also honey can you give us a better idea of your situation....the easiest way to do it is to complete the budget sheet in the library - another good way will be to go through the points, much as jester has done, of the hardship terms of the waiver and reply to each in as much detail as you can. Should give us a good idea where you are at and where you are likely to be able to go.

It does seem from the new waiver that although it may not get you a refund it may get you a decent amount of breathing space without being continually bombarded with new charges and worrying about collection.

I know Bud has been speaking with you about the CI. I personally don;t advocate it on bank accounts at all.

Concentrate on your Abbey claim first of all, but I would like an overview (via the budget sheet) of you full situation....see what else you can do to even things up a bit.

Talk soon

love

ame
xx

**bloomingflower** · 22nd July 2008, 20:55:PM

Re: BF v Abbey

Originally posted by Amethyst View Post

Hey honey xxx

Yep have a read through Jesters thread, hes worked hard on a letter - it is very personal to his situation but should give you a rough idea.

What claims do you currently have in the system.....who with, what for and what amounts.

1 I have 4 claims on hold in court system.. all with Abbey, and they are all bank charges claims from a current account...the amounts are as follows...(all charges only).

a. claim 1 - £746
b. claim 2 - £1341
C. claim 3 - £2232
d. claim 4 - £485

Have you taken any to FOS already ?

2. no..not as of yet..

Also honey can you give us a better idea of your situation....the easiest way to do it is to complete the budget sheet in the library - another good way will be to go through the points, much as jester has done, of the hardship terms of the waiver and reply to each in as much detail as you can. Should give us a good idea where you are at and where you are likely to be able to go.

4. thanxs for that Ame..ill do that budget sheet first.. then work on the other points..

It does seem from the new waiver that although it may not get you a refund it may get you a decent amount of breathing space without being continually bombarded with new charges and worrying about collection.

I know Bud has been speaking with you about the CI. I personally don;t advocate it on bank accounts at all.

5 yes.. I completely understand about the issues regarding claiming the CI..must admit, its very shaky ground... TBH..When I began my claims (on RUC) I just followed advice that was given to me at that particular time and the rest is history...
I was a complete novice (and still am lol) to the issues of bank charge claiming..
so am very grateful for all other input and differences from each claiming site..

Concentrate on your Abbey claim first of all, but I would like an overview (via the budget sheet) of you full situation....see what else you can do to even things up a bit.

yep.. ill post as soon as info is ready on this thread so you know where to look lol

Talk soon

love

ame
xx

Hi Ame! Thankyou for your reply! sorry for delay in response have just come back from Asda lol...I have replied to your questions above one by one.. for ease of reading...

BF x

**Amethyst** · 22nd July 2008, 21:25:PM

Re: BF v Abbey

Hiya

The Abbey claims - are they all seperate accounts ? (answer:Okay all four claims are for the same current account - all include Contractual interest - the figures above exclude the CI element - and she was previously advised to split to keep each below £5k including the CI)

ta for rest...if you dont want to post up your budget sheet you can email it me amethyst@legalbeagles.info .

Ame
xxx

**bloomingflower** · 25th July 2008, 11:26:AM

Re: BF v Abbey

Hi Everyone!

After much careful consideration and umming and arring and also discussing our situation with my O/H last nite til late! we have decided to take the bull by the horns and go for claiming 8% stat int as opposeed to claiming CI...We know that claiming CI has had an adverse reputation for a long while now with regards to bank accounts.. so me and my O/H realise we will have a hard time in claiming this.. and TBH, in the light of our current hardship situation.. we would be grateful for just claiming that (8% stat int)

Our 4 claims were submitted into the court system in June 2007.. and as we all know everyones claims have been stayed since then....we also have a claim 5.. but this one is not stuck in court system..

However.. after also reading many many threads and posts from here and other sites..intially.there was one particular thread that caught my and Buds eye on MSE.. it turns out that some people are being offered a percentage or having thier claims settled/paid out by their banks based on hardship issues.. Ladidis thread/posts here on LB is also another example of this.. which IMO is a great development for people in the same situation.

After some great advice last night from lovely Bud lol and much afterthought, I decided to give Abbey's Legal Team a call this morning.. following in others and Ladid's footsteps if you like..
I rung the number and got through to a Mr Ronan Coyle who works for Ashurst and is Abbeys Legal Rep...... I started off by saying that my O/H has 4 claims against Abbey and have obviously been stayed pending the result of Test Case. he went on to ask me outright, "Are you basing your claims on hardship? I replied "yes" (TBH I think he knew what I was calling about as soon as I dialled anyway.. think he read my mind LOL)
Anyway.. he also asked me, "what the total of the claims were?" I said just over 14k with CI and over 6k with 8% stat int.. he was honest with me right there and then.. he said.. Im not sure if your claim for CI will be justified ( I know hes working for the Devil.. so he would say that!) and I said "well I do know that and have been thinking about it non-stop since I started the claims and CI has always been on shaky ground" ( im almost brain dead lol)

As I said above to begin with we have decided to apply the 8%.. and would be grateful for just that!

So............basically he went on to tell me to......

To submit to him, all the relevant hardship proof/evidence both by email AND hardcopy through the post and he will deal with it as soon as he gets back from his hols.. which is a week on Monday 4th August..
He said someone else will be in his shoes to deal with phonecalls etc...while he is away.. but he said he would rather deal with our hardship claim himself personally ( cos he said I was one of a few poeple who were very poilite to him on the phone lol)

So overall.. this looks promising!

Now I shall get to work on behalf of my O/H and compile all the necessary paperwork to submit...
I will post up everything in detail once its all completed in next few days..

regards

BF x

**Budgie** · 25th July 2008, 11:49:AM

Re: BF v Abbey

Excellent Jas and well done for taking that step and making the phone call. I know you were worried about it but it sounds like it was easier than you thought.

OK, you have a busy few days ahead getting your hardship information together again. Remember, the FSA Waiver defines what the criteria are for you to be considered under financial hardship, so you can base your explanation of your own situation around those criteria.

Please feel free to post up a draft of what you intend to send. We would all be happy to help with it, if we can.

Remember that according to the terms of the FSA waiver, whatever Abbey might do in relation to your financial hardship situation does not mean that you have relinquished your rights to any extra settlement that you would be entitled to once the test case is resolved.

Let's keep our fingers crossed and take things one step at a time.

Regards Budgie

PS. If anyone reading this thread feels that they may be in a similar situation to "Blooming Flower" then please see the following thread for more information http://www.legalbeagles.info/forums/...ead.php?t=9786.

**Amethyst** · 25th July 2008, 11:52:AM

Re: BF v Abbey

Excellent - so glad you are going for it hunny xxxx If you need any help shout, I know buds helping you loads already. And do keep us informed what happens

**bloomingflower** · 25th July 2008, 12:07:PM

Re: BF v Abbey

HI Bud!

Thanxs for your reply!

Yes.. I was very worried.. it was a big step for me, was a jibbering wreck lol
seriously tho.. yes.. it was relativley easy.. didnt think I would get through straight away TBH.. thought you had to press 20 options like you do on thier normal contact number..

we have taken an optimistic view of everthing and hope things go smoothly the next few days..
yes. I will deffo post up the details I will be sending in the next few days.. so will be swatting like hell lol..
I also realise that you may have to call their bluff and accept what/if they offer is based on the fact that it will only be accepted as part payment .. as the remainder can be persued after the Test Case.. so.. yes.. its a win win situation...

regards
BFx (Jas)

**bloomingflower** · 25th July 2008, 12:29:PM

Re: BF v Abbey

Originally posted by Amethyst View Post

Excellent - so glad you are going for it hunny xxxx If you need any help shout, I know buds helping you loads already. And do keep us informed what happens

Thanxs Ame.. I would just like to say many thankyou's to you and Bud.. and wont forget the other peeps on here too! you are all a credit to LB (yes.. im sucking up LMAO) as reading everyones posts on here is a vital source of much needed info for everyone.. without this.. we wouldnt know what to do..

would like to also say.. really musnt forget RUC.. because it was there I began our claims and was very greatful for the info I was given at that particular time.. however.. we all know that it has been one long year and during that time, info gets updated to suit the current situation..

So I hope everyone on here gets back what they come here for.. THEIR money!

Keep up the good work!

regards

BF x

**Amethyst** · 25th July 2008, 14:04:PM

Re: BF v Abbey

awww mrs thats so lovely of you, just save the speeches for when you got your money back

have shifted you down to VIP as requested

**bloomingflower** · 25th July 2008, 20:25:PM

Re: BF v Abbey

Hi All!

I was typing my post on BF v Abbey earlier and I forgot to include an email addy for Abbeys legal rep... which other Abbey claimants may find useful if they wish to email any correspondence regarding their hardship claims... The guy I spoke to on the blower was Ronan Coyle who works for Ashurst (Abbeys Legal rep) this is his email addy.. ronan.coyle@ashurst.com

This is also the tel.no - 02077564398..

Regards

BF x

BF v Abbey SUCCESS