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    • How much of the documentation have you seen from when probate was obtained? And do you have a copy of the original will? I can't remember. My thought about you making the decision on your own to go with another lawyer is that three of you are meant to be beneficiaries of this will trust, aren't you? Normally you would need to act together. HB
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    • Hi guys, I am about to file my defence via email as cannot log in to the claim anymore.  Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in?  Thanks!  The Defendant contends that the particulars of claim are vague and 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.  The Defendant is the recorded keeper of vehicle xxxx xxx.  2.  It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD.  3.  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 simply contracted by the landowner 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.  Accordingly, it is denied that the Claimant has authority to bring this claim.   4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.  5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.   6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
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    • Ooops - one to many also s..... my draft reply should read as:  Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands, and if P2G wish to avoid the addition of court costs and interest to my claim, you may wish to respond positively before that date.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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FINALLY got statements but I am livid!


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After 3 months my statements (save for the last 2 years which they had already sent) finally arrived. Sent to me in my maiden name (I've been married and changed my name for over 3 years) and to my parents' house (where I haven't lived for nearly 7 years). It's just as well it is my parents' house, it could well have been my previous house that had been sold! Furthermore, the package was all ripped and torn with some of the contents poking out. I am not at all happy, I don't want my parents knowing I'm claiming back the best part of £2000 in charges (they've never had a bank charge in their lives and would be appalled) and yet now thanks to the bank they know I've requested all my statements back, so they must know I have a reason for that! I am livid with the bank, it just shows the contempt with which they hold their customers' personal data.

 

I have taken photographs of the package is it worth me complaining?

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Hi, Banks hold everyone in contempt they will be nice to you if you owe them 100K though, Nat West took me out of business 8 years ago just because they were selling. Interesting thing was I checked all the companies they own by I wonder which method they aquired them.

 

Best way is tell your folks save them guessing! and just tell all the people you know to claim back the charges, word of mouth is stronger than most advertising methods, Good Luck!

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Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

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Hi, had a very similar problem and was pretty livid as well. I threatened to take them to the small claims court to get a formal adjudication they had breeched the Data Protection Act and then send it to the Info Commissioner who can fine them. It worked as they offered to settle my bank charges before I had even issued a Claim Form.

 

I am awaiting a reply on the data issues but I will sue them for a ruling and damages at the discretion of the judge. No-one seemed to know the best course of action so this is what I'll try?

 

You could try this - I did send a post on this but don't know how to link it - it is the only other one I've written, so you may be able to find it!

 

 

cheers

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  • 2 weeks later...

Thanks for replying all, I meant to reply last week but couldn't log in! Gah.

 

Anyway, they sent another copy of all the statements to my current address. However this time the envelope was all torn and coming open as before, and furthermore even though it contained details and statements for MY bank account it was addressed to both me and my husband! :mad: Surely that's yet another DPA breach? Again, I have taken photographs.

 

Costacleethorpes, your story is very encouraging. I'll have a look for your post. I was going to ask for the money and mention the DPA issues as an aside hoping this would kill 2 birds with one stone - does that sound OK?

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Hi,

 

I am very much learning this as I go. I have accepted their offer to refund all my bank charges and they have refunded them. I am now intending to take them to court to get a ruling against them regarding Data Protection that I will then send to the Info Officer who can fine them. I will also ask the judge for damages at his discretion - if I got any it would be nice but not really why I am doing this. If I lost at least I have had a go.

 

I said I would do this in my initial claim for charges, no idea if it helped but they did meet my claim in full before the court stage.

 

I am awaiting an offer on the Data Protection issues but it will have to be a big one, I am feeling fairly bloody-minded after the amount they have messed me about. And, of course, there's the nice irony I can use the money they have just given me to take them to court!

 

Hope this helps in some way.

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