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    • 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.
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devereaux v Abbey


Devereaux
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Hello I'm a bit of a tecno peasent so I'm not sure if I'm replying inthe right place. I started to claim charges back from Abbey on the 13/06/06 I have recenlty reveived a leter back from them with the mirofiche line. Ishall reply with the letter I saw on the forum tomorrow.

 

Funny thing is iIgot a call from Abbey this evening asking if I wanted help. They offered me a 'Manage down over draft' I was wondering if i accepted this help, it would hinder my chances of claiming a full refund. Ihave been well and truly stiched over the years, I am caliming from Jan 2000 should be in the region of 3 thousand.

 

can anybody give me advice on should i accept this help and still proceed with the action I'm taking against them. Or struggle on and wait?

 

many thanks sorry for spelling can smell pizza burning in the ioven!!:eek:

 

 

Devereaux x

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Hello Mechs and Clare. I'm a bit of techno peasent too. So I hope I'm posting this in the right place!! However I have recently started taking action against Abbey. I sent them my 10 pounds and received a bunch of statements dating back only untill September 2005 and Microfiche (fob off letter) letter. I am a little unsure of what to do next. they have untill 24th July to comply with my request for the full six years list of charges or statements. shall i just wait until this date then send the next letter? or..........write them another? feel like Im floundering a little ,would be greatfull if someone out there would chuck me a rubber ring????????

 

 

Decereaux

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Hello Mechs and Clare. I'm a bit of techno peasent too. So I hope I'm posting this in the right place!! However I have recently started taking action against Abbey. I sent them my 10 pounds and received a bunch of statements dating back only untill September 2005 and Microfiche (fob off letter) letter. I am a little unsure of what to do next. they have untill 24th July to comply with my request for the full six years list of charges or statements. shall i just wait until this date then send the next letter? or..........write them another? feel like Im floundering a little ,would be greatfull if someone out there would chuck me a rubber ring????????

 

 

Decereaux

 

Hi Decereaux your posts have been moved to here and I will go there and answer you

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Hello Mechs and Clare. I'm a bit of techno peasent too. So I hope I'm posting this in the right place!! However I have recently started taking action against Abbey. I sent them my 10 pounds and received a bunch of statements dating back only untill September 2005 and Microfiche (fob off letter) letter. I am a little unsure of what to do next. they have untill 24th July to comply with my request for the full six years list of charges or statements. shall i just wait until this date then send the next letter? or..........write them another? feel like Im floundering a little ,would be greatfull if someone out there would chuck me a rubber ring????????

 

I personally would write back and say something on the lines of " under the Data Protection Act I am legally entitled to a list of charges relating to my account for the last 6 years you have supplied them back untill september 2005 and I am awaiting the remainder which I hope will arrive within the timescale of 40 days as allowed by the Data Protection Act and just to remind you that you have until the 24th july to comply"

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Its not a problem, but to help you

Next time you need to ask sometjhing if you ask in this thread then you will be able to track it easier than asking several times in different threads :)

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Hello.I have couple concerns Firstly am I posting this in the right place? Secondly I was reading else where on the site that I may be making the mistake of trying to claim for too many years. I currently claiming for six years worth of charges form Abbey National. My question is is this too much?

 

many thanks in advance

 

Devereaux

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Hey K,

 

I have sent the the later stating that they haxe 'X' amount if time to comply with the data protection act. The thing that baffled me was the fact that they sent me statements going back only as far as Sept 05. Kinda weird. Thanks for the reply will keep in touch.

 

 

Dev:o

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Hi Dev - my husband and myseld seem to be in the same boat as you and the 40 day cut off date is also the 24/7 with Abbey we received statements going back as far as March 2005 though. each one in seperate envelopes with mailshots for both of us. Postman not to happy that morning. We also had the same microfiche letter and were also unsure of whether to wait the 40 days or not. Someone suggested t us to wait and then send an estimate of the ones we are missing - as you have sent a chase up letter we will be interested to see what you get back.

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