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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 simply contracted by the landowner 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. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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philread1 v Abbey ** WON ** fast track with costs


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Hello Everyone

 

Thanks for the info Pugsley!

 

I received the shABBEY' acknowledgment this morning from DLA Piper, and I'm a little confused!

 

They note that I have claimed £8611.98 + £2312.05 s.69 interest. I have never broken this figure down to them like this in any of my letters, I've always told them I am claiming a total of £10,924.03. The section 69 interest(8%) gets added on now it has gone to court, but they seem to have taken the 8% off my total amount that I'm claiming!!!!!!! It just does'nt make sense to me, just what they have done or what they are playing at!!!!!!

 

When filling my moneyclaim form, I put down that the total amount I am claiming was £10,924.03. Can someone reassure me that I was correct in doing this, and not to include the 8% on top of that, into the total amount on the claim form?

 

My understanding is that the section 69 interest is part of the costs that you ask the court for on top of court fees, reimbursements etc.?

 

Can someone clarify this for me, as I think that I have got it right, and that DLA Piper are as incompetent as the people they are defending!!!!!!!!!!!

 

Phil:)

PS. I'm asking to get this right as I'm in the process of amending my claim as I've now received all my info from them for the last 6 years, and don't want to amend it again!!!!

This is only my personal, honest opinion!

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I have included the interest in my total amount @ 8% at first I read it that you didn't include interest here, but after asking I think that is isn't included when you are charging contractual interest on top of the 8%. I could be totally wrong though lol.

 

hopefully someone else will answer this for you

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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Phil

 

As i see it your schedule of charges should set out everything youve paid out and are reclaiming.

 

If you are claiming contractual interest or Sec 69 then the schedule should have this inlcuded too.

 

I dont believe that the Sec 69 is part of the value of the claim but the contractual would be. This is used as part of the value of the claim and is used to determine trtack and court fee.

 

JMHO

 

 

GLenn

 

PS Why not write to DLA including your schedule and asking how they got thier figures?

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hello Karnevil

 

I did'nt send a schedule of charges with my claim, at no point on the Moneyclaim form does it ask you for anything else, my understanding of filling that form in was basically to tell them what you are claiming and why. I was of the thinking that I would produce the schedule at a later date when it got closer going to court. They've had enough schedules off me! Looks like I was wrong, Karne!!!!!

 

I do have to amend my claim now, anyway. I got my 6 years worth of info through as I started this claim, and it now comes to £6500, so I'll send a schedule in with it. Is that all I have to send with my claim?

 

Phil:)

This is only my personal, honest opinion!

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Hello Glenn

 

I'm not claiming any contractual interest, it got too complicated, and I'd be happy enough with the charges back plus 8% interest, anyway.

 

I e-mailed DLA this morning, as in their letter they asked me to send them a schedule, which I duly did, and I did mention the fact that they had mis-calculated the total + interest. This is what I put in the e-mail :

 

"Hello DLA Piper UK LLP

 

Thank you for your correspondence dated 2nd October.

 

In respect of my claim for the return of bank charges unlawfully taken from

our account, our claim was originally made for a total of £10924.03, not

£8611.98, with interest to be added under section 69 of the County Courts

Act 1984 at a rate of 8% upto the date of judgement. My understanding is

that this interest is added to my claim, and not taken away.

 

Since this claim was issued, I have been furnished with all the information

I have been asking the Abbey National for since 23/06/2006, and I can now

proceed with our claim on a basis of knowing the charges that have been

unlawfully applied to our account, rather than upon an estimated amount. The

new amount that we will be claiming for is £6507.53, plus interest at 8%

under s.69. I will be sending an amended claim form to the court with the

alterations inserted in due course.

 

Please find enclosed a copy of the schedule for these charges.

 

Regards"

 

My thoughts on the s.69 interest comes from filling in the Moneyclaim. It asks you if you will also be claiming this interest, and when I clicked 'Yes', a window popped up with a small paragraph to insert at the end of the particulars of claim, which basically said that you will be claiming interest at 8% upto and including the date of judgement. As we don't know when this date will be and it does'nt ask you to put any figures in for it, I presumed that this will be added when the claim gets to court, and is added by the judge on top of your costs, therefore it does'nt make up any part of your total amount of claim, which is the amount the shABBEY owe me. The s.69 is a little bonus:D !!!!!!

 

Phil:)

PS What did you think of the e-mail?

 

 

This is only my personal, honest opinion!

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Hello Karne

 

I got a little confused when I phoned the court telling them I needed to amend my form, they told me I needed to fill out a blank N1 form and send it to them with the fee. They then directed me to the N244 form, but I don't know which one I need to fill in, or do I fill in both?

 

Which form/s do I need to complete and send off to them?

Phil:)

This is only my personal, honest opinion!

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Hello Karne

 

Whilst I'm completing the forms to make the necessary changes to my claim, I did notice that on my original claim, in the Particulars of Claim, there was no mention of the fact that I want any defaults or any other intervention on my credit record to be taken off if they were caused by these unlawful charges.

 

Do I need to insert a note within my Particulars of Claim to put this to the court, that way the shABBEY will have to act on it, or should the issue with defaults and manual interventions be dealt with on another claim?

 

Thanks

Phil:)

This is only my personal, honest opinion!

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  • 4 weeks later...

Hello Everyone

 

Well, I received shABBEY's defence last Saturday, and have an allocation questionaire to send back to the court by the 7th Nov. Do I need to respond to the defence, acknowledge it or anything, or do I just carry on and get on with my AQ and get it in by the 7th Nov?

 

Phil:)

PS. Another £100 on their Bill!!!!!!!!

This is only my personal, honest opinion!

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Hello Everyone

 

Even though my claim is for nearly £7500 in total, the courts have sent me a small claims AQ. I thought this was totals below £5000. In "Section C -Track" should I still agree that the small claims track is the most suitable track for my claim? Or should I question the court as to the form that they have sent me?

 

Thanks

Phil:)

This is only my personal, honest opinion!

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Phil

 

Depends if you want to ask the court to order standard disclosure which might bring about a speedier resolution or not?

 

As much as you can ask for it under the SCC its more likely in fast track i believe.

 

Course there is nothing to prevent the court using SCC and ordering disclosure i believe.

 

JMHO

 

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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  • 4 weeks later...

Hello Anney

 

No, no further news on my claim at the moment. Still waiting for a court date. I've spoken to the court and both AQ's were put on the Judges pile for them to sort out on the 10th Nov. I expected it to take around 4 weeks for them to get round to it, so a date should arrive any time now. All this waiting drives you mad............!!!!

 

Phil:)

This is only my personal, honest opinion!

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  • 3 weeks later...

Hello Everyone

 

Its been about 6 weeks since we submitted our AQ's and still no news about a hearing date yet, my claim is still with the Judge at this present time! Knowing my luck they've probably lost it or some other spanner will be thrown into the works!!!!!!!!!!!!:D

 

Anyway, on another matter, Debt Management & Recovery Services Ltd (another arm of the shABBEY) have written to me wanting me to settle the overdraft on my account that was cancelled as soon as I started to reclaim these charges. The amount I'm reclaiming is far more than the overdraft, but I can't find the letter to send them to tell them my account is in dispute? Can anyone show me where I can find a sample, as I can't find one in the templates library?

 

The jist of the letter from DMRS Ltd reads:

 

"DMRS Ltd have been instructed by Abbey to obtain immediate settlement of the above debt."

 

There is no mention of defaults etc. But can anyone also tell me what part and section of the banking code I need to inform them about, that they have to adhere to if an account is in dispute?

 

Thanks

Phil:)

This is only my personal, honest opinion!

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  • 5 weeks later...

Hello Everyone

 

Is this the longest wait...........! Still not heard from the courts, its been 10 weeks now, since my AQ had to be in. I phone the court every now and again, but all they can tell me is that my case is with the Judge and that they are dealing with quite a lot of similar cases.

 

I wonder why......:confused:

 

Is there any letter I can forward to the Judge to try to make my position a bit clearer, that all shABBEY need to do is disclose their true costs and that they have never yet stepped into court with any similar cases, etc. etc. etc.?

 

Keep up the fight, everyone! Its proving to be a long one!

Phil:)

This is only my personal, honest opinion!

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  • 2 weeks later...

Hello Everyone

 

Why does'nt anyone reply to my thread anymore?:oops:

 

I'm starting to lose it a little!

 

My account is in dispute because it has been overdrawn all this time due to the shABBEY's unlawful bank charges, and I've received another letter today from their Debt Management & Recovery section telling me to give them a call.

 

They start wanting to argue with me over the phone after I tell them why its in dispute, telling me that I've run my account badly, blah, blah, blah and that the charges are not unlawful at all!!!!!!:mad: Also there is nothing on my file to say that its going to court or proceedings are on going, and now they are going to send the file back to the shABBEY now and default it!!!!:mad:

 

This has been the first time I've spoken to such an arrogant person at the shABBEY, and from now on, I'm going to stick with letter/email!

 

I'm still waiting for my court date, over 12 Weeks now, and I just need a little pick-me-up from someone as I could do with a little cheering up!!! I've phoned the court again, got the same reply as before that I'll have to wait for a date, but also got told it should be Fast-Tracked as its over £5000. Bring it on!!!

 

I hope this really does go to court, got my court bundle all ready and waiting to be sent!!!!!!

 

Well Done Noob, as well, I'm well chuffed for you!!!!!

 

Phil:)

This is only my personal, honest opinion!

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Thanks Phil, I'm afraid the only thing I can do is say hang in there. It sounds like your court is very busy at the moment and until you get some directions there's not much you can do really.

 

The waiting is the most frustrating part.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Hi Phil

This doesn't seem right I've been reading threads and I've not found 1 that have taken this long to at least respond in some way to your AQ.

I personally would ask the Court Manager to double check this, but I'm no expert. I rang my court today as Abbey were supposed to file AQ by 22/1 As usual they are late . I also asked how the court dates were going he told me they were now working in April. So I will be keeping a close watch they also said that they were giving Abbey an extra week to file their AQ WHY!!!!!

:mad: :mad: :mad:

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Hi Phil

 

I have had the same with the debt management and recovery team. Informed them once in writing and twice by email that the account was in dispute, but still keep sending the letters. I ignore them as I ignore the threats of default. If they do default me not to bothered as never going to borrow from bank, creditcard, or other. I have not paid my bank loan either, as I owe them roughly £2k with remaining overdraft, they owe me near to £8k. Not giving them one more penny until my claim is settled in full. They are still applying interest to the overdraft, and are threatening default on both loan and overdraft, but as far as I know they have not applied any more charges. If they do default me I will take them to court, as default is a direct result of the charges. My argument will be that as a result of such charges I was unable to meet my commitments, which is the truth. Their continued denial of any liability or wrong doing, and the methods employed by the abbey to stop me from claiming this money back has further damaged my ability to meet my commitments and has directly contributed to my defaults with abbey.

 

I am convinced it is a method employed by abbey to put pressure on you and me to either quit or agree to any settlement they may deem to offer. Don't let them get to you. They are the defendant not us ,it is for them to show that these charges are as they say ' not unlawful at all '. Best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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just subscribind as i am just starting against abbey

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Hello Everyone

 

Sorry, Bish, Karne & Anney, I've only just read your last post's! I've not received any emails telling me of any further post's on my thread!:?

 

Thanks, for that Bish. I know you are right, I think I just needed a tonic to lift my spirits a little after talking to that little man from the shABBEY, but after all the contact I've had with the people there, he has been the only one who has been so rude and arrogant, etc., etc., etc........

 

Thanks, Karne, that is the info I was just coming on here to ask for. I'm going to send them a letter first thing in the morning to remind them of the Banking Code!!!!!

 

Anney, I spoke again to the court today, and it has been seen by the Judge now, and is with the listing clerk to allocate a date, or that is what I think the lady said! They tell me that they aim to have a 15 week turn around time from receiving AQ's, and it is 14 wks tomorrow(Tues).

 

Hopefully the long wait is nearly over, and I should hear from the court pretty soon. I'll post again as soon as I hear anything. The court bundle is ready as I write, just got to put the witness statement together.

 

Thank, God, for this website!!!!!!!!

Keep up the fight!

Phil:)

This is only my personal, honest opinion!

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Hello Bish

 

I'm just wondering if you can help if you are still around........

 

I'm just writing a letter to the shABBEY about my account that is currently in dispute, and Karne pointed me towards the s.10 letter in the library. Having just read it, it seems a little strong as I just want to remind them that whilst the account is in dispute, they are not allowed to default it or place anything on it that is a direct result of their unlawful charges. At the same time I want to point them in the direction of the part in the banking code that they have agreed to that backs my point up?

 

Do you have any suggestions?

Thanks

Phil:)

This is only my personal, honest opinion!

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