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    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
    • Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! edit ok thanks Honeybee here's my 2nd (actually 3rd) attempt at anonymising, copying and uploading the notice! Sorry about the state of it - I sat on it while distracted by my dog 🙃 pcn front.pdf pcn back page.pdf
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Hi Ho Hi Ho off to the sheriff court I'll go!


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After the long process of getting the statements, asking for the money, asking for the money again and a day spent downloading, filling in, checking, amending, rechecking and printing out Summary Cause forms along with spreadsheets of my claims - I'm off to the Sherriff court tomorrow to sue the fecking pants off RBS. Wish me luck - and expect some of the cash for this site!:p

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Good Luck tomorrow hope it goes well, would be really interested to hear how you get on.

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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All went very well - was just handing in summary cause papers (sorry if gave impression was up in court:-)!) - but it did feel good to take that significant step and also will be fun to send the baillifs in to the bank to deliver the summonses, lol.

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Yep, pretty confident - done everything by the book, kept records, copies of letters and the bank's replies, haven't claimed for anything that isn't a penalty charge, stuck to the timetable - even a bit lenient. The actual points of law seem well established now (although more successful litigation would be good!), the media attention is helpful to an extent and the lass at the sheriff court mentioned a couple of people had already had successful outcomes recently, so the sheriff has obviously seen the arguments (I'm not in the big city here, :)).

So, fingers crossed and I'll wait to here something back from the bank or the court.

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Well I handed my summary cause asking for £965 + costs plus expenses in at the sheriff court yesterday too - I'm also in a small town - haddington to be presise. The woman didn't say anything to me though apart from the fact that I would have to take it up to the sheriff officers myself.- this also costs money - not too much I hope. I have also been careful about keeping replies all as you said above - keep me posted to how you are doing, we could compare notes!

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  • 1 month later...

Very happy bunny tonight! Phase 1 of campaign against RBOS and claim against HBOS both appear suddenly to have met with total success!

Can't say much more 'cos I promised! But yet to see the cash in the account and still a way to go until victory is complete.

All I can say is - if in Scotland don't neglect the Summary Cause as long as it's well prepared.:):):)

Sorry haven't been around for awhile - too much happening! Good to come back on a positive vibe:D

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I am taking my claims in for Barclaycard and Marbles to sheriff court in Aberdeen tomorrow. RBS have yet to respond to my LBA but no it will be a NO and then it will back to sheriffs court again. They will prob be sick of seeing me soon as i have quite a few claims on the go, unless i'm lucky to win before.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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good luck tomorrow!:D

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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