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Boonbetty

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  1. There are five manhole covers on my driveway but the drains they cover are not to my property. I now want to re-surface my driveway and I've been quoted six thousand pounds. 1250 pounds of this is to deal with the manhole covers. Yorkshire Water sent someone out to look at them, but all they have done is replaced one cover that was cracked and therefore dangerous. I could put up with the drains and covers if Yorkshire Water was prepared to contribute to the cost of setting them in the driveway properly. They are saying they are not prepared to do anything. The drains in question serve our next door neighbour and three other houses going the other way. Does anyone know if there is any way I can force the issue?
  2. My neighbour has received a £75 penalty charge notice for staying seven minutes over the permitted time at McDonalds near Gatwick. This notice arrived in the post more than a month after the alleged offence. Is there any truth in the rumour that it is unenforceable because too much time has elapsed? He was told this by someone at work whose boyfriend is a solicitor's clerk. He has written to them complaining that the penalty is disproportionate but now they are threatening court action.
  3. Just to let you know I tried the new strategy AQ, sent a copy to SCM on 19 March and they settled on 23 March.
  4. No need for court bundle - sent copy AQ to SCM on 19.3.07 and they settled in full on 23.2.07, money was already in the account when I got their letter today. Thanks to everyone who helped me.
  5. Page has been moved - can anyone help please?
  6. My claim is under £1500 so I don't have to pay a fee with AQ. Do I just tick the No box in section H? Or do I need to put 'not applicable' or some other explanation?
  7. Thanks, this is much appreciated. Armed with new confidence I am pressing ahead with AQ.
  8. I was considering sending the proposed draft directions as this may possibly bring matters to a speedy conclusion. Unfortunately I am still having computer problems, see earlier post, and unable to open the basic court bundle. If someone could let me have a list of what I would need this would be very helpful and give me a bit more confidence. Or indeed can anyone think of another way I can get the basic court bundle?
  9. Received defence yesterday so have to fill in AQ - would it be OK just to use the template in the library? This is the defence: 1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street London EC2V 7HN. It is admitted that the Claimant has been customer of the Bank at all material times. 2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing; cheques bank statements the facility to make payments by direct debit and standing order debit cards ATM's (cash machines) 3. By maintianing the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank's own funds. If the Bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that there are normally no charges for everyday banking at Lloyds TSB when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go ahead. 4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss. 5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incured during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter. 6. The charges are fair and reasonable, and it is denied that they are unlawful. 7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the Bank, and purusant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness. 8. In the premises: 8.1 the charges are for banking services, and are not damages nor a penallty; 8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable; 8.3 It is denied that the charges are unlawful or contravene any statute or regulation. 9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank. I imagine this the standard defence and I can use the standard AQ?
  10. My claim has been acknowledged (27.2.07) and I'm assuming that a defence will be entered. I've therefore been doing some preparation, but for some reason I cannot open Bankfodder's basic court bundle after I have downloaded it. Has anyone else had this problem? It keeps coming up Wordpad has caused an error. I know I have plenty of time but mindful of advice to be prepared .....
  11. Thank you very much for that very prompt and sensible suggestion - I'm getting myself in an unnecessary panic I think!!
  12. Can anyone help me please? I have reached the MCOL stage and having read the templates it seems that I need to include the date the account was opened - or at least the year. Unfortunately this was so long ago I can't remember, definitely before 1985. Is it OK to leave it out?
  13. Thank you, this is helping me to get my thoughts together. Unfortunately there is no straightforward answer. I'm feeling increasingly reluctant to stir things up with MBNA as they are already denying that the settlement was full and final even before we put in a claim! It could get very complicated and too much to handle without costly legal advice. In the case of the other cards, they have not made this point but they did take short settlement and there is an unpaid amount. I think we would have to be very sure that full and final couldn't be challenged. OK it's a separate issue and we might well win the charges back but would hate to end up being sued for the unpaid amount.
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