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    • 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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vicmar V BOS Affinty CARD


vicmar
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Hi sent for DPA letter 20th jan received copies today but i think they are incomplete i have checked my credit record but i can't find this particular account number listed just that, the earliest statement if from may 2005 with a debit balance with a credit payment indicating there must be some more earlier statements , the covering letter attached states "i refer to your communication and enclosed a copy of your statement"

 

i believe there is a letter regarding non compliance can i use it in this circumstance

 

please advise

 

Vicmar:confused: :confused:

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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Bump

 

as i have had no respose decided to ammend template 3 with regard to DPA

 

:( thanks guys!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

help needed had a reply plus some statments but incomplete send DPA letter 3 for non compliance but i have still not heard anything

 

is anyone out there willing to help me

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

Hi vicmar, I'll see what I can do. To start with, have you got copies of the letters you sent? Any chance you can copy them on here so we can see what you've done so far?

 

You are correct - if there is a debit brought forward balance, you are missing statements. Will try to advise what to say next but would be good to see what you have already told them first....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Another thing, is this card active or closed?

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi t4ff

firstly hope you can help

point 1 - account closed! but have a copy of last statement with account number!

 

sent general SAR request letter dated 20th Jan 07

statements arrived with covering letter dated 24/02/07

 

statement 1 in bundle states

 

balance carried forward XXXXX

opening balance XXXX

all debit balances

i would have thought if it was the first statement opening balance would be £0.00

after looking on the site i sent the letter posted below

Bank of Scotland

 

Card Services

Pitreavie Business Park

Dunfermline

Fife

KY99 4BS

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 20th January 2007. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges, I was under the impression that I have held the account for longer than that the first dated statement of May 2005, I believe it was opened approximately 12 months earlier.

2) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means; it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

dated 27th feb and posted 2nd March

i am not sure of next step as i have not come across this before as my other claims have been compliant.

PLEASE HELP i know the final amount may only be small the the learning experince is great!

Vicmar

 

 

 

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

What you need to do now is stay true to your word and carry out your threat of legal action. There is little more you can do here (in terms of sending them letters). You've done enough chasing round, I would simply file a claim for non-disclosure.

 

This can result in the judge ordering the disclosure of your statements and might also award damages.

 

The information to do this should be around here somewhere so you need to find some information on it. A good place to look would be the abbey and barclaycard forums because a lot of ppl have been filing ND claims due to both being reluctant to give out statements.

 

I also have a link in my favourites to this which shoudl help when you file your claim.

 

I'm not experienced enough to advise you on how to do it (never had to myself) so you will have to hunt around for some info. If you do stumble across some people who have filed claims, point them in the direction of this thread and see if they can advise at all.

 

HTH

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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can i do this on line ?

just checked

 

can anyone advise me on ICO complaints please

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

I've done this. Simply go to their website and print the downloadable claim form. They will not deal with things urgently - due to the current climate they are snowed with complaints right now. Whilst I would make a complaint, ultimately the most progress will come from filing.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

I've done this. Simply go to their website and print the downloadable claim form. They will not deal with things urgently - due to the current climate they are snowed with complaints right now. Whilst I would make a complaint, ultimately the most progress will come from filing.

 

i take it you mean MCOL website or hmcs website and download N1 form, sorry for acting thick but your advice is very helpful

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

no, was in respone to

 

can anyone advise me on ICO complaints please

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

Sorry didnt make that clear

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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icon1.gif Re: bos

Quote:

Originally Posted by vicmar

sorry to be a pest, just to make it clear,

1. i am complaining to the county court

2. i file N1 form with the particulars filled in (ammended as needed) as on this forum

 

and hopefully BOS will comply.

 

just this is the first time this has happened

 

vicmar

 

"I'm not really the person to ask - never done it myself. I have only complained to ICO. If you aren't sure, cos I'm not, post it in a thread or try to find the answers in the forums." reply by T4FF after i sent PM

 

can anyone help,

basic question do i file with CC using N1 for non compliance or do i go down the track of ICO if so how do i do this HELP!!!!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

basic question do i file with CC using N1 for non compliance or do i go down the track of ICO if so how do i do this HELP!!!!!

 

Sorry vicmar, I know I wasn't that helpful, but I thought I had made at least that clear.

 

If you want to get your statements back, you have to file for non compliance and this is what you should concentrate on. The ICO should be an after thought to put your complaint in. The result will come from filing from non-compliance.

 

How to, I don't know though sorry so if someone would be so kind....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Share on other sites

Aaaah!

 

Just found this

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Share on other sites

its probably me i just want to be sure i am 100% clear i have down loaded N1 and copied / printed of the particular to add to the N1 will file this week at local court!

 

and will see what happens!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

can any one tell me how much it cost to file N1 under section 7 failure to disclose i placed this thread in general forum ICO Help but no one has come forward with a response ,filed a final demand to BOS if no success will file this week N1

 

can some one help with regard to HOW MUCH IT COSTS?

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

right here goes!!

 

after a lot of research i have decided to send N1 for non compliance will file on tuesday , tried to do on line but ran out of word space , cost though came to £30 for fees, as i am claiming £30 compensation for time of research and postage and phone call!!, they contacted me asking to phone then , but it goes straight to answerphone asking to leave message but no one has yet returned my phone call, also the card service, customer service dept say my account is now held by MBNA as of last june, but i closed the account in April'06 so they could not send statements, but they already have i am just missing some from Aug'04-may'05!!!! confused i am !! as this happened to any one else???

 

anyway i will see what happens after i file on tuesday!

 

happy easter

 

victoria

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

well filed at court today court fee £30 total claim £60.00 well we will see what happens!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

well phoned court today to check on N1 claim v HBOS was filed at court and issued 21st April so heres waiting!!!

 

ps also filed with ICO as well but yet to here anything from them!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

Well judgement falls on bank holiday monday not heard a dickie bird from HBOS re N1 claim so heres waiting for tuesday!!

Heard from ICO my complaint has been forwarded in a batch at the end of April so i will see if anything happens!!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

well i heard from court on tuesday the filed a defence on 2nd of may , so i an going to write to the court giving copies of correspondance and copies to HBOS solicitors they now have further 10 days (initally served on 21/04/07) so heres waiting again!!!

 

also feeling a little loney has any one else been in this situation regard having to take to court just go get statements?

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

vicmar - ave a look around the forum, you aren't the only one. I have been talking to someone else in RBS forums about doing this (can't remmber who) and I bet there are tonnes in the Barclaycard / Abbey forums too.

 

Have a search for the word non-compliance, bet lots of entries appear!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Share on other sites

  • 2 weeks later...

right,phoned court today no defence filed!!

got home and on my mat, a letter from HBOS with a Cheque for £60!!

(this covers courts cost and compensation!) i sent with the court bundle a pre lim letter for charges around £60, but still not recived missing statements!!!!!

 

so they have asked for a letter comfirming i have contacted court re costs paid, i will request again missing statements and enclose schedule of charges and lets see what happens!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

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