Ladidi v Abbey - settlement offer ** SETTLED**

[Ladidi]

Re: Ladidi v Abbey - settlement offer

What I am saying if someone has their account in dispute and teh banks are stating they can claim monies oiwed etc they cannot until resolution. IF tehy are taking monies from benfits they should not. ANy monies collected should be returned as they are not allowed to do this in any shape or form all they have to do is quote the 2 regulations i have posted and I got my case put on hold and also has all monies they forcefully took when they was not allowed to do this.

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Sorry Ladidi, your post #94 has completely befuddled me.

[bloomingflower]

Re: Ladidi v Abbey - settlement offer

Hi Ladidi!

Congratz and celebrations to you.. well done.. I expect you feel a big weight has been lifted from your shoulders right now.. all you gotta do now is enjoy your much deserved money! but dont forget to chase up the rest of your money when all this is over!

Im in the middle of compiling our hardship claim on behalf of my O/H.. and it looks as if we will need a lorry to submit all the evidence/proof of hardship to Abbey lmao

Seriously tho..hope there will be others very soon who will follow in same shoes as yourself..and we expect there are alot of peeps in same hardship situation... so.. its gotta be worth a shot in the dark. you are the proof!

once again.. congratulations Ladidi!!!


BF x

[Ladidi]

Re: Ladidi v Abbey - settlement offer

See you lot better ruddy jump now

Thanks for typing that up. good they didnt make you complete a form (not that they could make you do anything anyway)

you do need to withdraw your claim from the court - dont do it yet tho need to write a letter to them and to abbey (after you cashed the cheque) saying thanks for settling the claim and i'll be back after the case.

I am counting on everyones assistance with doing this

No rush though

Rushing thoughts on how to spend pennies though haha


thinking about complaining to the FSA - we don't want to risk kyboshing any settlements partial or otherwise, and we know we have them under the waiver rules even if they don't.... so pondering on that.

Happily waiting on details on what I need to do so that I can go after them for the remainder

so hang fire for the mo, and Congratulations again :kiss:

Thanks

[Amy]

Re: Ladidi v Abbey - settlement offer

Excellent news Ladidi, well done xx

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Hi everyone,

I have been reading some of the threads posted on here about some people who are suffering badly financially due the banks claiming monies from thier benefits etc whilst the account is in dispute..We had the same thing happen to us in January this year. Anyway this is what we did

It may help someone else in the same situation or similar..

I thought I would take the trouble of sharing some information with you about what I have spent this past week doing with the "Abbey".

As you all know I am claiming my bank charges back through the courts and like the rest of you this has been placed on hold while we wait for the Judge to come back with is decision and findings based on what has been said and given in cout.

Anyway, during the process of me claiming back my bank charges which began in March 2007 myself and my husband had a £500 overdraft with Abbey. As everything was on hold and there was nothing we could do we carried on having some money paid into this account to keep the account open and active so we can get our refund when due smoothly.

In December 2007 they decided to take away the overdraft leaving us with a £500 debt owed. I argued they could not do this, they argued they could stating it is their money and they want it returned. In the end I spoke to a nice lady in abbey complaints who knew what I was talking about and dealt with everything or so I thought.

Come January 2007 the overdraft facility was removed and we was now in debt for £500 and the abbey was singing at the top of their voices to get their money back. I argued you can have your £500 if you repay my £6000. They said No can do, and kept putting the phone down on me when ever I called or spoke to someone.

In the end my husband called and they stated they wanted their money back at £100 per month and there was nothing we could do about it so there :P

They began taking their money and we handed in our cards and got cash cards, I warned them if I found out other wise I would be back

Sure enough, I did find out different. I stated to the abbey that under section 13.6 of the banking code and under the administration of justice act 1970, thay have breached both of these regulations and have acted unlawful by forcing us to repay a debt when the account is in dispute and has been since March 2007 and has not been resolved satisfactorily by both parties concerned, that they should refund my money immediatley and have my account placed on hold pending the outcome of the test case!

It wasn't easy to begin with, they kept tellin to write to "Legal". Turns out Legal are "Ashurst" so I emailed them and quoted the above 2 regulations, they emailed abbey and told them account should be on hold and that no further action should be done on this account nor should the debt be collected.

I then had this confirmed and instructed them to return the money they have already taken from my husband and myself for the said debt as the collection was illegal. They informed me that, as the account was now on hold they would have to check all of this out. I informed them to do that, and ended up with a very helpful lady in complaints who informed me that as the money is going to be repaid that meant the debt would increase back to as it was, I said fine do that as you have caused me hardship by forcefully collecting this, as I have to wait for my money Abbey can wait for theirs. It has took a long 48 hours to keep reminding them I was not going to go away and I wanted my money back. Today they have finally agreed to reinstate the overdraft temporaily until the outcome of the test case and reimbursed me £300 with immediate effect!!


It may helpsome else somewhere in the same or similar situation to shout the same quotes to the banks and their legal department, you never know your situation may improve for the better, even if you manage to get them to back off applying pressure, it is something worth trying and doing

[scottishlass]

Re: Ladidi v Abbey - settlement offer

[Jester]

Re: Ladidi v Abbey - settlement offer

Congratulations Ladidi. The first, but hopefully not the last success of this ilk on the forum !!

[theGobbyOne]

Re: Ladidi v Abbey - settlement offer

WELL DONE AM VERY PLEASED FOR YOU

[Amethyst]

Re: Ladidi v Abbey - settlement offer

See you lot better ruddy jump now

Thanks for typing that up. good they didnt make you complete a form (not that they could make you do anything anyway)

you do need to withdraw your claim from the court - dont do it yet tho need to write a letter to them and to abbey (after you cashed the cheque) saying thanks for settling the claim and i'll be back after the case.

No rush though

thinking about complaining to the FSA - we don't want to risk kyboshing any settlements partial or otherwise, and we know we have them under the waiver rules even if they don't.... so pondering on that.

so hang fire for the mo, and Congratulations again :kiss:

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Afternoon all

I have received a letter and a cheque for £4k from Abbey today and it is now safely deposited into our Barclays account

The letter I received with the cheque states :

From Abbey National House,
2 Triton Square

Your ref******

Dear Madam,

YOUR CLAIM AGAINST ABBEY NATIONAL PLC : Ref ****

In considering your case of financial hardship, Abbey National Plc entered into negotiation with you to settle your claim. Accordingly, we refer to your recent acceptance of our without prejudice goodwill offer to settle your claim in the sum of £4000. We attach a cheque in the said sum in satisfaction of the same.

As agreed, payment is made without admission of any liabilty by or on behalf of Abbey National Plc and is in full and final satisfaction of your claim ref *****.

Would you please now write to the Court informing it that you withdraw your claim, and provide us witha copy of your letter.

Should you wish to discuss any aspect of the of the above then please do not hesitate to contact us.

Your faithfully

Abbey

Abbey National Plc.

Enc.



I have had to manually type out the letter as it has been received as my hubby is going to need re set up the scanner and I have no idea how to work it and when he has set it up I will be sure to scan it and post it in the forum for you all to see.

Anyone know what I need to do now???? If anything???

[scottishlass]

Re: Ladidi v Abbey - settlement offer

Congratulations

Good to see a bit of good news.

Re: Ladidi v Abbey - settlement offer

Me too, well done Ladidi

[EXC]

Re: Ladidi v Abbey - settlement offer

I'm well pleased for you

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Lol, dont worry I will scan everything and put it on here and also a copy in "bank File" so that we can prepare for claiming the remainder of what they owe me

I have to say all of us in here are only dancing one leg too, Considering the banks and their history we will do a full dance once the cheque has cleared Lol