Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • 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 Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • 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.
  • 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
      • 161 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

help filing in moneyclaim


mackie
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6248 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

Hi Mackie

 

Have you followed the tried and tested procedures here first?..

Going straight to MCOL is not the way to go.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

If you any questions please do come to the forum and we will only be too happy to help you!

Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

There are more links below to assist you get around the site.

 

Good luck

Ukaviator

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

ukaviator

Great piece of advice and excellent information just one area of assitance would be appreciated

 

Once you have completed all the MCOL information and you here nothing from the banks and the court date comes and goes, file for judgemnt by default, great.

what happens if the bank decides to 'request to set aside' the judgement is there any guidance notes for this and the steps need to resolve this issue.

 

There are two of us in a similar position and we rack our brains looking for the help and guidance

Link to post
Share on other sites

Hi Bjberry

 

That probably won't happen. The banks have not gone to court yet over bank charges. You file, they acknowledge, sometimes a defence is filed by them. They just then pay up after a short while. Always be prepared to go through with court though, you never know.

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi ukaviator

 

I have followed all the other steps and i am now waiting to a response to the letter telling the bank that the next step is taking them to the small claims court l just did not want to get to this stage and fill the forms for the court in properly. do u think it is best to go on line to moneyclaim or to go to your local court and file a small claims.

 

thanks mackie

Link to post
Share on other sites

  • 1 month later...

After acknowledgement the bank has 14 days to submit a defence. Please note that defences are frequently submitted at or just after the last minute and that a late defence (by a day or so) will often be accepted by the court.

If in doubt read the

FAQs

 

If still in doubt - ask!

Link to post
Share on other sites

my bank acknoweged my claim on the 14th february when l telephoned the help no at money claim they informed me that l could not enter a judgement by default until the 13th of march l am completely confused now.

Link to post
Share on other sites

notice of issue was 6th feb

 

So deemed served on the 11th Feb, they've 28 days from then to submit their defence, so you should be able to obtain judgment from 12th March.

If in doubt read the

FAQs

 

If still in doubt - ask!

Link to post
Share on other sites

Makie please start a thread in your bank group

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hi l am new to the forum can you let me know where a can get information on filing in the forms on moneyclaim.:?

Mackie

Please say which bank you are dealing with,or find your banks forum and start the thread in there. Say which bank and it can be moved to there.

 

Thank you,

Good Luck,

Happyolddog.

Link to post
Share on other sites

I have received a letter from cobbetts they have entered a defence and they are also asking for further information. Can someone help me as to what l have to do this is what they have asked for.

 

This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule. 27.2(3)

The reason(s) why this request has been served are set out in the Defence which has been served by the Defendant.

 

You are asked to provide a response to this request in accordance with CPR Part 18 by 23 March 07.

 

In the event aht you do not provide an adequate response to this request by this date (or such other date as my be agreed with the Defendants solicitors) then the Defendant can apply to the Court for an order requiring you to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim.

 

Please provide the following particulars in support of your claim.

 

In relation to each charge please identify (a) the date when the charge was charged. (b) the amount of the same and © the reason given for the charging of the same.

 

In relation to each charge, please clarify the following (a) is it the case of the claimant the same should not have been charged? (b) if yes please explain why the claimant contends that the same should not have been charged? © if no is it the case of the claimant that the same should not have been charged in this amount. (d) if yes please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) if no please state the claimants case.

 

thanks

Link to post
Share on other sites

Hi Mackie,

 

Don't have any experience myself of Cobbetts and the CPR 18 request, but i believe there should be some relevant information here

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

best of luck

 

BB

 

Any advise offered is my own opinion, and if in doubt, always seek clarification.

If you found it helpful or useful please click the scales on the left.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

Link to post
Share on other sites

I am with Nat west bank

But l am now at the stage that the bank have entered a defence and l need help with the information that they are asking for it is around the CPR 18 can you help me with this

 

thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...