hi, think i may be in the same position as ladidi, my case with abbey is on hold at the county court. i have claimed £4534.46. Due to circumstances, mainly another child on the way im desperate to settle. few questions, does anyone know what i have to do to try and get my case heard by the court and whether it may be more advisable to try and seek a settlement with abbey?
Trev v Abbey
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Tags: acknowledged, additional, agreement, arrears, assessment, bank, borrowing, charges, costs, court, customer, debts, defence, disability, draft, education, employment, financial, financial hardship, find, fsa, hardship, help, insolvency, interest, judgement, legal, loan, oft, overdraft, parental, rates, settlement, test case, unauthorised, waiver
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Re: Trev v Abbey
Excellent !
They will probably come back to you and ask you to fill in I&E form and provide proof of hardship etc etc.
Would be a good idea to make a start on this now.
Having a browse around some of the other threads in hardship section will give you a good diea of the sort of material you will need to supply.
Good Luck !
Budgie
It would be good if you could let us have a bit more information about your claim.
Is the £4534.46, all charges or charges plus interest? Did you get any assistance with your claim ( maybe on another site ) or did you handle yourself?
When did you start claim, when was it stayed, have you incurred additional charges since claim was filed?
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Re: Trev v Abbey
I'm dealing with Abbey and the best person to liaise with there is Ronan Coyle - he seems to be dealing with the hardship side of things.
As Budgie says, they will ask for proof, so anything you have that demonstrates financial hardship will help.
I sent is a letter listing the financial commitments we were in arrears with, and how we were proposing to recfity this and any letters/statements etc I had documenting this.
Good luck, i hope it goes your way and it's sorted qyuickly and easily for you.
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Re: Trev v Abbey
thanks guys, nice to know you got somone in your corner! ok to answer some questions, my claim is broken down as £4089 plus intrest of £325.46 accuring at 0.021% daily rate untill judgement or payment. also there is £120 court costs. so far i have only used template letters on martin lewis sight. i originally wrote to abbey requiring my statements in april 07. after many letters i finaly got abbey decision that the charges on my account were correctly applied. i then took my claim to court which abbey were issued on the 14/7 07 they acknowledged on 20/07/07 and issued me there defence on 6/8/07. salisbury county court wrote to me on the 16/08/07 to say the claim had been stayed pending oft test case. i havent incurred anymore charges with abbey as im no longer a customer.
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Re: Trev v Abbey
Hi trev
If you draft up a letter outlining your circumstances to send to the bank then pop it on here we can have a look for you, you do need to fit the criteria of hardship set out in the FSA waiver rules
VVVVVVV
FSA Waiver Guideline for recognising Financial Difficulty
WAIVER JULY 2008 to JANUARY 2009
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).#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Re: Trev v Abbey
did you send the letter?
They do have 8 weeks, but a few calls to ronan to find out the status won't go amiss#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Re: Trev v Abbey
Hi Trevor
As Bud and Ame have suggested in their posts, I highly recommend giving Ronan a call.. some people may not agree with phone calls but it will be the only way you will find out what is going on and when an offer will be forthcoming from Abbey. It is a bit stressful..but it will be worth it in the end.
Me and my o/h have only just been successful in receiving an offer from Abbey, after waiting nearly 6 weeks for a reply. I called/emailed and wrote numerous letters to Abbey nearly every other day until we got an answer. We nearly gave up and were ready to take the matter to the FSA.
This is Ronans number - 020 775 64398 email - ronan.coyle@ashurst.com
Bf xx
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Re: Trev v Abbey
hope other people have had more luck going down the hardship route, due to being so close to being debt free for the first time in my adult life (11 months to go!) i no longer fit in to the remit for a hardship case. however i still intend to take abbey as far as i can.
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