Jump to content


  • Tweets

  • Posts

    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
  • Recommended Topics

  • Our picks

  • Recommended Topics

Have abbey behaved lawfully


ICY
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4967 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 split from my ex some years ago, she lives 20 miles away from where i moved to, and has never lived in the town i live in.

 

we had a joint bank account with Abbey which got passed to me and her name was removed from the account.

 

Everything was fine for a while, until a fw weeks ago when a bank statement for her dropped through my wifes mums house, in my exs name.

I was staying at her house for a while for a while and my ex had this address for me as she wanted to know where the kids would be when they were with me.

 

Now what i need to know is how to deal with this, i was going to just go down to the bank with the statement and complain, however i am not so sure if this is the correct way to go about it. Would this give them a chance to cover up there cock up.

 

As i see it there are 2 possible scenarios

 

1. she has somehow put her address down as being at my mother in laws, for whatever reason i dont know.

2. Abbey have opened the account and somehow managed to link it to me and have incorrectly entered her address as being mine.

 

Either way it is my Data Protection Act

 

Any advice would be appreciated as to how to proceed, should i go to Information Commissioner office, the police or make an appointment to see the bank manager and express my concerns.

:madgrin:

Link to post
Share on other sites

One things for certain CB, someone will pay for this.

 

If ex has done it on purpose then i hope she gets done for fraud, and if she has then the bank also have serious questions to answer as to why they allowed an account to be opened without proof of address, which there is no way she could get in that address.

:madgrin:

Link to post
Share on other sites

Whoa there, before you go off on one, go to the bank with the envelope and ask them to check their records and see what they hold for the name/address etc and see what happens first, if they say that the account was opened in your ex's name and your mother in laws address then contact the police as it will probably be a case of fraud.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

DO NOT give the bank the envelope LOL you may need it. Of course it may well be an Abbey FU.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • 3 weeks later...

Need to compose a letter to abbey as got nowhere with local branch, and i now want proof of everything sent, cant do this with a meeting or phone call, am also considering wether to contact IC or police, however for these i will wait on abbeys reply to my letter.

Any ideas how to go about thi letter ? help would be appreciated about now.

:madgrin:

Link to post
Share on other sites

Hi Icy, how did you know that stuff had been sent to your ex's house? did you get it back? Did you go and see Abbey? what did they say?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

it hadnt gone to exs address it has actually gone to current mother in laws house, where ex has never lived, she doesnt even know where the town we live is, in fact i only stayed at MILs for a short while while me and wifey were waiting for mortgage to come through

The bank account opened is a new account opened in my exs name in my mother in laws address, my MIL is really worried with things being sent to her house, my ex is the type of person to do dodgy dealings, and we are wary of what else she may have got in false address.

 

Bank wont tell me anything as its not my account, which is why need to keep everything in writing, they wont be able to fob me off so quick then(hopefully)

:madgrin:

Link to post
Share on other sites

I dont think that there is anything that you can do about it, I think that your mil has to do something about it, perhaps report it as a possible fraud at the police station, I will ask the mods and other pinks if they can help :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

perhaps your m-i-l should go to the bank with letters that have arrived at her house, after taking photocopies of course

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Allready been to the bank and they were worse than useless, really didnt care.

I dont know how the account has been opened, but it has, me and my ex are not exactly on speaking terms, and we certainly arent in a position to discuss the matter.

 

I am asking advice on behalf of MIL, she will be dealing with it and putting her name on any letters ect as it is her address

:madgrin:

Link to post
Share on other sites

Well the bank really should be talking to your mil as it is her address, she should go in there armed with her proof of address and I would advise you to look up the banking code to see what it says about this. Also you mil should get a free credit report from experian and see if it has had any impact on her credit rating, If the bank refuse to talk to her there should be someone else to complain to, let me do a bit of ferreing

around and see what I come up with

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Well I have had a scoot around to see what there is and I can not find anything regarding this particular problem. When a bank account is opened they usually check with CRA's to see that the details match and that they are not a "bad risk", so I would download your mil's credit reports asap to check.

 

If she is registered on there (your ex I mean) as an associated name then we have a problem, you mil should go into the bank and talk to the manager, because there will have been something very wrong in their checking procedure, I would also advise you to check on the electoral register in the local library to make sure that your ex isnt registered at that address.

 

If you have no joy at the bank, tell the bank that you will be going to the FSA and the police and do it, usually the threat of this is enough to galvanise them into action, let us know how it goes.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • 2 months later...

Have looked on roll and her name is not listed at MILs in fact she is still registered at the address we used to live at.

I wrote to Abbey couple of week ago and have received the template reply asking for 4 weeks to look into it, however today a leaflet addressed to ex was delivered to MILs house offeringsome insurance deal or other so obviously they havent acted on my letter as they havnt stopped mail being sent to MILs address in my exs name.

Have had statements every month since october this account was set up new somewhere around september time which is around 3 years since we split up, so they cnt have simply got mixed up with me and her, this to me is a clear case of fraud, as there is no way they can link her with my MILs address when she opened the account.

:madgrin:

Link to post
Share on other sites

  • 2 weeks later...

My MIL has received a letter from Abbey, as follows

 

 

Thank you for your letter received on 15th January 2008, regarding received post at your address for another Abbey customer.

 

Due to the Data Protection Act, I am unable todiscuss any details of this customer or account with you, however, be assured that we have stopped any post being sent to your address for this customer. Please accept our apologies for this not being done sooner.

 

In recognition of the inconvenience you have been caused in this stop not being placed earlier, I have arranged to send you a cheque in the amount of £30, as a gesture of goodwill. This is in full and final settlement of your complaint and will be sent within the next ten working days.

 

I am confident that I have been fair and have taken into account all the points you made in your letter, but if you have any additional points that you would like to discuss, please call 01908 680 130. I have enclosed a leaflet about the Financial Ombudsman Service, in case you are not happy with my investigation or decision. If so, you should contact them within six months of the date of this letter, enclosing a copy of it, as they would need this for their investigation.

 

Thank you for your patience and i am truly sorry for any upset we may have unintentionally caused you

:madgrin:

Link to post
Share on other sites

So it looks like a good result, what could make it better is my ex being charged with fraud, but thats up to the bank i guess (doubt it will happen)

 

So the cheque has now arrived, should we go ahead and cash this cheque, is this the end, or is there any further action i should be taking ... :)

:madgrin:

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...