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    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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£3383 in charges 05/06.. the balls rolling!!


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Hi there, was just wondering if i could get some guidance regarding the charge reclaiming.

 

I've been with the BOS for nearly 7 years and would say i've had thousands of pounds of charges. :shock:

 

On occasions up to £300 a month over the last few months, due to there charges makin my account over drawn, and charges of £28 being debited a month later for being overdrawn, it knocks off a D/D's then applies a charge of £39, sometimes I have had 3 charges off in one day and if theres more to come off then they apply them the next day. :Cry: but am not very clued up on this and just pay the charges to get them off my back

 

 

this really does seem to be too good to be true that they will refund charges , i have fought on numerous occasions with them to get them refunded, and keep getting told they cant do nothing about it,... i had the same conversation with the bank that Mrsmiggins had over the phone, that she posted on monday 6th march

 

I look forward to hearing from anyone who can help in any way with the battle with the bank.

 

I have printed off the letter requesting the list of transactions and charges applied and intend putting it into the bank today

 

wish me luck.. :wink: will keep you posted how things are going :?

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Hi there

 

I have also incurred thousands of pounds worth of charges on my BOS account which I have had for about 11 years now. Over the last 6 years the charges have been relentless and pretty substansial. I have to admit a lot of the going over the overdraft "unauthorised borrowing" was my own fault but it is only upon reading this forum and seeing the law laid down in black and white that I have have come to the conclusion to do something about this.

 

Have just spoken to someone at RBS customer services today and they are going to send me 6 years worth of statements (for a charge of £5). Funny that initially they said they couldn't do this but as soon as I mentioned the Data Protection Act and the lady spoke to a supervisor it suddenly was not such a difficult task.

 

Apologies if this has already been answered but I have checked through the forum and the FAQ's and cannot see an answer. My branch and my account are based in Scotland but I live in London and have done for 6 years. Am I likely to fall foul of the small claims limit for Scotland?

 

Thanks

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:Cry: .. hi .. i'm not sure about the small claims court.. i'm hoping it doesnt go that far but will just have to sit tight and buckle up if things start to get rocky.. i dont intend giving up without a fight.. i've lost toooo much in charges, but like yourself it's partly my fault.

 

I handed in my letter today so hopfuly it will start the ball rolling..

 

GOOD LUCK!! :D

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  • 3 weeks later...

.Hi All

 

I've been on this site for a week or so now and got more and more angry reading how much the banks have scoffed of our money..

 

On the 8th of march i plucked up the courage to personally deliver my DPA letter requesting my statements for the last 6 years to my local BOS where my accounts are held, 2 days later and "no charge" i had my statements for 2004, possibly only 2004 because i have been on the case for losing £400 during a bank transfer.. and still waiting for my money to be found.

 

i went over and asked for the remaining years that they hadnt sent out and they did so for FREE... reading through them and calculating the charges i felt sick!!!.

 

from feb 2005 til march 2006.. a staggering £3383 in charges!!!!

 

I have now filled out my request form for the charges to be refunded.

 

I understand that being in scotland i can only claim up to £750 through a small claims court, maybe i'm wrong and if so.. i would appreciate if anyone knows different to get in touch, but intend to reclaim in portions if possible until the total for that year is refunded.

 

I really feel out of my depth here and a bit sceptical but going to give it a try regardless. if anyone can be of any help.. i will keep posting progess reports for other people to view as it will maybe help them get the jist of whats happening also.

 

good luck to ya all x

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woody, you can claim in the sherriffs court between £750 and £1500 using a summary cause claim http://www.scotcourts.gov.uk/sheriff/summary_cause/guidance_notes.asp

It is slightly different to a small claim, you may be liable for costs if you lose, but I think these are limited.

Good Luck

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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i've since had this reply in another thread, which has made me reconsider the summary cause route

 

Originally Posted by Robertxc

Probably not. Things definetly get more complicated in Summary Cause, and you won't be protected from paying costs if you lose, and those could be well into four, if not five, figures.

 

In my experience, the Sheriff will give you a lot of help in Small Claims, because it's intended for people who are representing themselves. Summary Cause is intended for lawyers, so you will find the Sheriff much less tolerant if you get the procedures wrong. The risk of having your cased kicked out is much higher in summary Cause. Also, bear in mind that one of the main reason that the banks don't defend these actions is because there is no way for them to recover their costs if they win (in Small Claims). If you do it in Summary Cause, then that disincentive no longer exists...

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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  • 2 weeks later...

Hi woodyptk

 

I am claiming for £1,858 worth of charges over six years (have just posted letter asking for money back!) but I am stuggling to find out information about Scottish Courts, I know they have a website but I need someone to break it down into simple language. I understand the limit for a small claim in £750 so is it possible to break these amounts down into £750 chunks?! Also does the process of going through the Moneyclaim site apply to Scotland as well? I, like woodptk, feel totally out of my depth here and hope someone can clarify exactly what the process is in Scotland! I also don't want to back down either because I strongly disagree with the way the banks are humping us with these ridiculous charges!!

 

I have also thought about going to my local Citizens Advice Bureau for help because I want to be prepared in case I have to take this further!

 

Thanks in advance!!

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it really is as easy as it looks follow the info on the site

and

http://www.govanlc.com/

you will get your money back.

i filed against abbey in the scottish system and im breaking my £9000 over 5 years into 6 month chunks of £600.

abbey have already offered me half!

 

dont give up its your money and your local sheriff's office will be only too happy to help you if you sho you have made the effort

 

all claims info can be found either on this site or the govan one

if in doubt ask

1)wintermare vs abbey

SETTLED £1901

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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