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    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf   My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   18. We refer to the Appellant’s submissions that the signage was turned and difficult to see, however, we have attached an image plan dated 27/03/2019 which demonstrates there are many signs on the site which are readable and easy to see. The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured. Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.    19. The grace period was taken into consideration before issuing the Notice, and we have deemed this incident to have exceeded the allowed grace period.  Please note that whilst we do not advertise the grace period on signage, it is compliant with the guidance provided by the British Parking Association in their Code of Practice, which states that motorists should be allowed 10 minutes in which to decide if they are going to park or not.    20. Whilst we appreciate the Appellant’s submissions, we are unable to take into account mitigating circumstances; the terms and conditions of parking were clear. Furthermore, the Appellant failed to utilise the operator’s helpline phone number (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.    21. We refer you to paragraph 3-8 of our response (above) as well as the following statement made by the British Parking Association, which advises all motorists:    “Regardless of whether they park in private car parks, Council car parks or on-street, motorists should always park properly and always check any signage displayed to make sure they know and understand the rules that apply. This is especially so if they are visiting for the first time - in order to acquaint themselves with the prevailing Terms & Conditions for parking.”    Drivers have an obligation to check for signage when parking on private land – the signs do not need to be placed directly in the position where they parked, they      Horton House, Exchange Flags, Liverpool L2 3PF Tel: 0115 822 5020  Registered Office as above. Company Registered in England. Company Registration Number 05645677  Pa ge 7  simply must be placed throughout the site so that drivers are given the chance to read them (BPA Code of Practice, 18.3).    22. This Parking Charge Notice was issued under Schedule 4 of the Protection of Freedoms Act 2012.    23. The Appellant’s details were obtained from the DVLA on 10/07/2019 and the PCN was sent on 12/07/2019.  Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.            POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.  
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
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Jackanory

Jackanory Vs Egg ***WON***

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Right then, after last year successfully getting £1100 back from HSBC, now it's Egg's turn! Like a lot on here it seems, they have taken my card away despite never missing a payment and not going over my limit in 2 years. I requested my statements, paid a tenner and hey presto - they owe me £*** plus interest. Which will pay for my holiday this year, thanks Egg!

 

I wrote my first letter on April 20th, got the standard "we think our charges are valid" letter back from someone called Sheila Hood. I've now sent letter 2 (LBA), I have about £600 outstanding on my account so I've added on the letter that "I will only accept complete payment by form of cheque, any offer to fully, or partially credit my account will be rejected as being completely unacceptable".

 

Will keep everyone one here informed.... Would be good to hear from anyone else at a similar stage or, in particular, anyone that has requested payment by cheque rather than account credit?

Edited by Jackanory

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I requested payment by cheque and accepted payment (in full without interest) by BACS. My thread is here http://www.consumeractiongroup.co.uk/forum/egg/134069-steveh2508-egg.html


Nationwide

- Prelim sent 02/07

- MCOL filed 04/07

CHARGES SETTLED IN FULL!!

Woolwich

- Prelim sent 04/07

- Offered 90% - 06/07 accepted

MBNA

- Prelim sent 02/07

- CCA request sent 03/07

- CCA reply (illegible + no T&Cs)

- DCA sent packing

- Restons now trying

- gone quiet

Citicard

- Prelim sent 02/07

- CCA request sent 04/07

- replied 04/07

No contract & not enforcing!

- passed to 1st Credit

- gone quiet

Egg

- Prelim sent 02/08

- 3 letters - full offer 03/08

SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Cheers, very helpful actually, some top quality letters in there too! Any reason why you didn't chase the interest?

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I believe Egg would be more disposed, if so requested, to pay any moneys into your own bank account (sortcode, accno). If a cheque is sent and it goes astray or is intercepted, regardless of crossed or not, it can be cashed quite easily these days using an unscrupulous cheque cashing shop.

 

Another reason why Egg ask for proof of ID and utility bill when statements are requested.

 

Good luck.

Edited by Mistermind
typo

 

 

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Cheers, very helpful actually, some top quality letters in there too! Any reason why you didn't chase the interest?

 

Speed - lack of hassle - certainty of outcome - I took a value judgement that they would roll over for the basic amount fairly easily and I have other things to do with my time than argue with that crowd (in or out of court). They took a 'commercial decision' - I took a commercial decision - who do you think was right? :grin:


Nationwide

- Prelim sent 02/07

- MCOL filed 04/07

CHARGES SETTLED IN FULL!!

Woolwich

- Prelim sent 04/07

- Offered 90% - 06/07 accepted

MBNA

- Prelim sent 02/07

- CCA request sent 03/07

- CCA reply (illegible + no T&Cs)

- DCA sent packing

- Restons now trying

- gone quiet

Citicard

- Prelim sent 02/07

- CCA request sent 04/07

- replied 04/07

No contract & not enforcing!

- passed to 1st Credit

- gone quiet

Egg

- Prelim sent 02/08

- 3 letters - full offer 03/08

SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Right then, Egg have offered me a £4 refund on all 20+ charges that were £20. It mentions in the letter that the OFT stated that the presumption of unfairness in relation to charges over £12 would NOT apply and specifically refer to Egg's practice of requiring all account holders to have a direct debit set up.

 

It also says "you allege these charges are a penalty. You put forward no evidence to support this and we do not accept it" I thought as I am contacting them they are the ones required to show me evidence to prove that they are justified at £12, £16 or £20?

 

I'm going to push for court proceedings now, should I use MCol or go to a court direct? Do I have to wait for the 14 days to pass after my LBA before I can do this or can I do it now? I suppose I need to send the old "I accept your offer of £*** but will only accept this as a part payment for the full amount of £*** that I want paid by cheque or BACS transfer" etc?

 

Your help, as always, is very much appreciated!

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It is your case to run as you see fit.

 

Forum experience is that the court route will only slow down repayment. Egg does not stall and resist like other cards. The £4 offer Eggployees just sent you is their red herring template letter which they are obliged by upstairs to send out. They do not believe CAG claimants will be put off, but are obliged to try. It is a choreographed dance, already performed many times in the past.

 

A letter in plain English, such as the one below, is generally sufficient to produce a result, sometimes within the week -- provided your claim figures are accurate.

 

03 weeks
- 22 JAN 2008 -
WINNING TEMPLATE LETTER
- andrew_nwide -
WON!! Egg Smashed £900

 


 

 

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Excellent, I'll send it recorded delivery first thing tomorrow ala the superb example on the link you attached. To be fair Egg have been very quick in responding so I'll give them a week (maybe 2) from tomorrow for them to respond before I go legal on them.

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As you can see from my thread and from Mistermind's post they are just producng the standard boiler-plated letters, hoping that you will take the money and run. Stick with it and they will pay up in full.

 

Think of it from their point of view, if 1 in a 100 of those letters saves them a payout or reduces it from £20 to £4 an item they are quids in over the thousands of claims they deal with.


Nationwide

- Prelim sent 02/07

- MCOL filed 04/07

CHARGES SETTLED IN FULL!!

Woolwich

- Prelim sent 04/07

- Offered 90% - 06/07 accepted

MBNA

- Prelim sent 02/07

- CCA request sent 03/07

- CCA reply (illegible + no T&Cs)

- DCA sent packing

- Restons now trying

- gone quiet

Citicard

- Prelim sent 02/07

- CCA request sent 04/07

- replied 04/07

No contract & not enforcing!

- passed to 1st Credit

- gone quiet

Egg

- Prelim sent 02/08

- 3 letters - full offer 03/08

SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Letter sent special delivery this morning. They have a week to respond otherwise County Court it is. I will only accept a 100% offer and that has to be via BACS or cheque, anything less then they will get served their summons.

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Just been offered the full amount + interest, a 100% refund - to a bank account of my choice. Victory - Chalk it on the list of Egg victors! As soon as the money is in my account a donation will be made to the site.

Cheers for the help.

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CONGRATULATIONS! :D

 

Well done


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Congratulations!

 

Don't like to say 'I told you so - but - I told you so!' They coughed given enough pushing.

 

Like me, they closed your account so we thought 'don't get mad - get even'

 

I wonder how much their 'commercial decision' has cost them? :D


Nationwide

- Prelim sent 02/07

- MCOL filed 04/07

CHARGES SETTLED IN FULL!!

Woolwich

- Prelim sent 04/07

- Offered 90% - 06/07 accepted

MBNA

- Prelim sent 02/07

- CCA request sent 03/07

- CCA reply (illegible + no T&Cs)

- DCA sent packing

- Restons now trying

- gone quiet

Citicard

- Prelim sent 02/07

- CCA request sent 04/07

- replied 04/07

No contract & not enforcing!

- passed to 1st Credit

- gone quiet

Egg

- Prelim sent 02/08

- 3 letters - full offer 03/08

SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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HI Jackanory

 

Egg have just offered me a full refund plus interest after a few letters back and forth. However my account was one of the ones terminated and they are refusing to give the money in form of cheque or bacs - I can't afford to donate or even to start next claim if this happens as the money will just go to paying off 1/10th of the outstanding balance...... could you give me any clues as to your obviously winning arguments as to why the money should be paid to bank account not to defunct Egg account?

 

Many thanks

 

Moobelle

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