Jump to content


  • Tweets

  • Posts

    • 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?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Particulars of claim needed - credit card reclaiming


zubo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1848 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I suggest you go read Shelley's Barclay thread

and martin2006 thread

 

it is possible but very rare now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 4 months later...
  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

hi all

 

Please help me save my fading eyesight... This site is crammed full of great posts... However i wish i saved the post but there was a great one which in the POC stated that he was allowed to claim for this money even though it was beyond the statute of limitations because of a mistake.. The oc had not realized the bank should not have made. The charges... Hope someone can point me to the post...

 

Once i have this i will post the poc i hope to use....

 

Hope you can help with this PPI court case (FOS has not upheld my case because i must have requested PPI … their evidence was a blank unsigned form i had never seen)...

 

Thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • 2 months later...

Tell us the story

Link to post
Share on other sites

The pre-action protocol says that "The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated".

 

Your LBA can be short but it should include the basic details of your claim.

 

Regardless of what you put in the LBA, the Defendant is going to have at least 28 days from your POC to file their Defence (assuming they file an acknowledgement of service).

 

Personally I think that holding information back is pointless. 28 days should be enough time for them to work out what to write in their Defence, surely?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

hi all

I have prepared spreadsheet of overlimit claim and now need a sample of the initial claim letter to send to the bank.

would greatlu appreciate any help

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

adapt to suit........remember the oft no longer exist but you can refer to them

Account number

Account number................... ................ date etc

Dear Sir/Madam

Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have recently been made aware of,I now understand,that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law,Statute and Consumer regulations,in that they did not/do not, represent a genuine pre-estimate of your actual costs.

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,and in consideration of fair business practices and good faith.

It is my contention, that you have failed to operate my account in a manner condusive to the above,and have demonstrated a lack of fiduciary duty.

I calculate that you have taken £xxx plus £xxxx which you have charged me in interestwhich total £xxx. Additionally,you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

In recent years,Courts have been happy to accept claims for bank charges that exceed 6 years,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation acticon 1980.

Should county courticon action be needed I will be seeking to rely on this.

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.

I request that payment is made directly to me,by cheque,and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur,my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

You now have 14 days to respond positively,and in the absence of this,I will put you on notice with a further 14 days,letter before action.

I trust this clarifies my position.

Yours Faithfully

Enc; Schedule of charges

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

hi all

first ... really really reat refresh of the site... love it

 

is there a poc to reclaim unfair credit card charges please??

 

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • dx100uk changed the title to Particulars of claim needed - credit card reclaiming

https://www.consumeractiongroup.co.uk/topic/267465-charges-older-than-6-years-won-compound-intt-and-no-set-off/?page=3

 

post 62 might need slightly updating mind

sure ive pointed you here before and the martin2006 threads

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thread moved to MBNA...please do not post questions in the CAG Library Forum.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

38 minutes ago, dx100uk said:

https://www.consumeractiongroup.co.uk/topic/267465-charges-older-than-6-years-won-compound-intt-and-no-set-off/?page=3

 

post 62 might need slightly updating mind

sure ive pointed you here before and the martin2006 threads

you certainly have dx.... i had thought that I would do things properly and use letters and templates in the library... but if this is good enough that suits me fine... incidentally where would you say it needs updatng or modifyin?

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Still mulling over what interest rate to use.

29.9% is what i have noticed on another thread and DX100UK has told me the spreadsheet to use

in all my cases i ran into difficulties around 2004 and stopped all payments...

so while i paid my credit cards including unfair charges i stopped with debt on all of them.

so does this matter???

i hav read a fair bit about restitution .. and while it looks a bit of a cheek I feel I can take MBNA to court to reclaim my charges and a huge amount of interest ... much more than the charges.....

 

this is a sanity check really dx100uk... would you agree??

charges are around 400 but the restitution interest puts it at 3500+

also can you confirm 29.9% interest is correct and how is it derived please ... in case I am challenged...

 

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Guys

slick132 or dx100uk or anyone who can advise..

please give me some guidance....

i really cannot find the interest tutorial... I need to submit a letter before action to mbn for unfair charges

but i really need to understand whether i use 29.9% and why this number .. for restitutional interest

 

please help

 

thanks

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

numerous 1 post threads merged.

not sure where you are thinking or followed a thread where MBNA cough on restitutional interest?

we know Barclays do at 24.9%.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

DX100UK...

I'm not finding any thread where anyone has been successful... but that does not stop me from trying... I simply wanted to have a reason why i was charging restitutional interest.

what arguments would you expect them to deny restitutional interest??

What d you think?? any advice would be really really helpful...

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

there have been several wins over the years particularly with Barclays though they mostly caved in once court papers are issued

you can only search here just as I can.

restitutional interest court claim or alike I would think

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

put your search in quote marks "restitutional interest"

or

"interest in restitution"

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

9 hours ago, dx100uk said:

put your search in quote marks "restitutional interest"

or

"interest in restitution"

dx100uk ... thank you for your thoughts and advice ... really appreciate it.

 

i have over quite a few years been on a number of occasions reading about restitution .. i even bought an excellent book... there is so much case law around it...

we all know though that at the end of the day one person in court will decide on how they see the case ... there is no logical predictable outcome... so preparation is key particularly the arguments you present.

 

My current thinking is that the claim in restiution is to recover the unjust enrichment: so if you accept that the bank took your money off you in mistake and used it in their commercial activities to lend to their customers then the compound interest rate you should use is their average interest rate across the last 15 or so years... or to put it simpler and easier to understand for the judge the apr used at the outset...

i was simply curious to understand where slick132 used 24.9 ... i assume tis was the equivalent apr used b barclaycard..

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi all... I have just re-read this thread and I am disturbed by the way I have been hopping in and out of this thread...

 

my sincere apologies...

 

My father suffered a stroke last April and triggered alhzeimers ... he spent the next six months in hospital while I struggled to fight the system for funding for him and find a care home he deserved... he has two weeks ago worsened and although has marginaly improved ... he is close to the end... so its been a tough twelve months and i am mentally and physically exhausted...

I recognise that i need to wrk hard researching my claims to recover any money i can... so i really appreciate your advice and importantly your patience with me..

 

many many thanks to you all... ill try to do better...

 

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Guys

grappling with the interest to charge... looks like all the charges incurred 2.2071% monthly interest... using http://www.stoozing.com/calculator/apr-rate-converter.php to convert to apr

 

non compounded works out at 26.52% wheras compounded is a massive 29.95%

questions:

which should i use?

and

any comments or observations please?

 

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

depends upon your total

and small track claim limit

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

sorry dx100uk... of course … the risks...

i have two claims this is the smaller of the two... but with the higher rate of interest just over 6k

 

is this within small claims??

one further small hopefully complication... 

i have already sent out a demand using standard template and the two ppi spreadsheets ie interest as charged by them then 8% from that point … and that came to almost 1k i think...

i got a bog off letter but im going to have to start the next letter with having taken advice I submitted an incorrect spreadsheet... sigh... less haste....

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

within 10k limit then

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...