Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

BISH V abby ** WON ** WON **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6315 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

Very good, think I will do that. I assume as no judge yet involved that I should just address it to the court.

 

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

Link to post
Share on other sites

  • Replies 148
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Dear Bish

 

I think the Abbey are just trying for the small claims track to avoid full disclosure hang in there you are entitled to askl for Fast Track as we did and I am sure you will then get an offer. Good luck. By the way on your Capital One claim did you claim back the retail interest as I am not quite sure what to claim for is it just charges? Many thanks and good luck.

lol

Catherine Bear

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

Link to post
Share on other sites

Hi Catherinebear

 

I think the Judge will Allocate fast track anyway due to the amount, so going to wait to hear from the court. I am thinking that the courts and Judges are all getting fed up with these claims and the banks time wasting, so will order disclosure of the documents I requested in the allocation questionnaire. That should bring it to a rapid end I hope.

 

The capital one claim I am still undecided on what interest to apply. The schedule of charges I sent with my LBA did not include any interest. I had hoped that they would roll over like marbles did and pay up, especialy as I did not apply interest to the charges. I think I am going to claim back the higher rate of interest, not sure what its called or what the rate is, it is when you use your card to withdraw cash from an ATM. As they have been withdrawing cash from me for the last five years, unlawfully think it only fair I charge their rate of interest. Still a bit tied up with the abbey claim, so put capital one on back burner, don't want two cases running at the same time. I will look into it further and let you know what I decide. Are you about to file your N1.

 

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

Link to post
Share on other sites

Received a letter today from abbey regarding my account which is in dispute. Claim issued 30/08/06. Letter basicaly says account overdrawn/over limit by 645.50 still applying charges and interest and passing info to credit reference agency about how I run the account. I wrote to the person on 22/09/06 requesting that they stop charges and interest on this account as it was in dispute and a court claim had been issued. They are obviously ignoring this request and piling on the contractual interest at 28.7% and charges as they withdrew the overdraft facility in June. Any ideas how to deal with this would be appriciated. Thinking of emailing them a copy of original letter of 22/09/06 and amending my claim to include contractual interest of 28.7% rather than the 8% allowed under section 69 of the county court act. All comments welcome.

 

Regards bish.

 

Received a reply today regarding email I sent reminding them of the original email I sent with the pasted letter I'd sent them by snailmail. Email said that they could not read the attachement I'd sent containing the original email and snailmail I'd sent. So sent them a reply email with pasted original email and snailmail letter, saying 'Can you not read snailmail or email and if so I would send them a hard copy by post. Is it me or am I dealing with complete morons, or are they just trying to avoid me applying 28.7% like they have.

 

Regards bish.:lol:

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

Link to post
Share on other sites

  • 2 weeks later...

HI Bish

 

Any further developments . I am watching your case closely. As it almost mirrors my sons except his account is closed and he is still paying off overdraft at an agreed £50 per month. Nearly cleared but never missed a payment. His claim is for £7200. sent Prelim LBA due 9th Nov. Good Luck !!!!!!!!!

 

A:-)

Link to post
Share on other sites

Hi all

 

Just an update for every one and a request regarding my situation. I returned my AQ by the required date of 20/10/06. I received a copy of abbeys AQ which was faxed to the court on the 20/10/06. I have not received any further correspondence from the court since then, that was 3 weeks ago, is this normal. Should I contact the court to find out what is happening. Any comments or suggestions welcome.

 

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

Link to post
Share on other sites

Yup, I'd contact the court as well just in case.

 

REmember we are leading up to the Xmas breaks now so the Courts will be winding up and clearing their current caseloads as best they can ready for the New Year.

 

Patience, but do check with the Court as to the progress and status of your claim to be on the safe-side. ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

Thanks Karn and frenchy, put my mind at rest. I will give the court a ring just to see how things are progressing and will update ASAP.

 

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

Link to post
Share on other sites

The abbey have still not complied with my DPA request, last letter sent on 14/07/06. Obviously I have the information to file my claim for charges, however, I am not happy with the fact that they have still not responded with the DPA request. Any comments appreciated as to what to do regarding this.

 

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

Link to post
Share on other sites

Hi Bish

I dealt with a lady Sheena Small in the DP office of Abbey and she was really helpful. Her direct line is 01908 344061 she even faxed some missing documents to my workplace. She apparently contacts Pam Speeds department and gets things done or at least in my case she did. Unusual I know but true.

How are things going?:)

 

Anney

Link to post
Share on other sites

Hi Anney

 

Glad you have had some positive response fom abbey, I would frame those copies as very rare. I have at last received something from the court today regarding my AQ which was filed on 20/10/06 and claim in general. It is a General Form of Judgement or Order, and the following points are included

 

Before Distict Judge ******* sitting at blah blah county court etc.

 

Upon review of the court file

 

It is ordered that:

 

1. The claim be allocated to the Small Claims Track

 

2. The claim be listed for further directions only at a Preliminary Hearing to

 

take place on 28th November 2006 at 11.30 am, time estimate 5 minutes,

 

to be held at blah blah court.

 

3. At this hearing the court will consider either:

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

Link to post
Share on other sites

Hi Anney

 

Glad you have had some positive response fom abbey, I would frame those copies as very rare. I have at last received something from the court today regarding my AQ which was filed on 20/10/06 and claim in general. It is a General Form of Judgement or Order, and the following points are included

 

Before Distict Judge ******* sitting at blah blah county court etc.

 

Upon review of the court file

 

It is ordered that:

 

1. The claim be allocated to the Small Claims Track

 

2. The claim be listed for further directions only at a Preliminary Hearing to

 

take place on 28th November 2006 at 11.30 am, time estimate 5 minutes,

 

to be held at blah blah court.

 

3. At this hearing the court will consider either:

 

a. to stay the claim pending the decision in a test case involving the

Defendant, or

 

b. to give directions for this claim to be heard as a test case, and if

necessary to reallocate the claim to the multi track for that purpose

 

4. Not less than 14 days before the preliminary hearing, the defendant shall file with the court and serve upon the claimant details of any cases proceeding as a test case, the decision in which will determine the issue in this claim. Alternativly, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

 

5. The claimant may make any representations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the direction to be given, that party is excused from attending the preliminary hearing.

 

Dated 10th November 2006.

 

 

 

Sorry about the double post keep hitting the tab key.

 

Any comments welcome regarding this, seems like a double edged sword.

 

I have a problem with the hearing date, when I filed the AQ no dates were an issue, however since then my wife has had a date for her major operation. Yes you are right 28th November 2006.

 

Need some help with this one thanks

 

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

Link to post
Share on other sites

Hi Karn

 

Yes does sugest that abbey either provide test case details or mine will be sent up as a test case. I know that other cases have been sent up to multi track in the mercantile court and that at least one has been again settled out of court. This does concern me in that it is just giving abbey more time to just settle up further down the line than they would if my claim was dealt with on fast track. Seems abbey are the only ones to gain short term anyway.

 

I also see in the order that it was dated 10th November 2006, but I only received it on 17th November 2006. If abbey has to comply 14 days before the hearing date of 28th November 2006 and they received it at the same time as me they are not going to be able to comply with the 14 day time limit. I would assume that a stay would be asked for by abbey in that case.

 

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

Link to post
Share on other sites

Have any abbey claims been sent to the mercantile court as test cases yet, if so which ones. Been looking but can't find any abbey ones. Any pointers would be a help, need to get a letter of to the court as unlikley to be able to attend the hearing.

 

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

Link to post
Share on other sites

Hi all

 

Mine and wiffaleens case are at the same court and same Judge. I note on my order and as posted above it specificaly states test cases involving the defendant. Also for abbey to serve details of test cases or draft directions not less than 14 days before hearing which is on the 28th of November, its the 20th today and I have received nothing from abbey.

 

I need to get a letter to the court stating that I am happy to abide by the Judges decision, should I also say that I have received no details or draft directions from abbey to date. Do I need to send a copy of my letter to abbey 5 days before the hearing.

 

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

Link to post
Share on other sites

Hi all

 

OK sent letter to the Judge today and to abbey special delivery so both will get there within the five day period. Explained to Judge not able to attend as wifes operation on same day, but willing to abide by Judges decision. A stay pending test case decision or my case going up as a test case on multi track. I also stated that I had received no details from abbey as required by the order. I think the Judge will not be happy with that and more so if they have not bothered to send them to the court either.

 

Not been counting my chickens but thinking as abbey not complied with order they are about to settle this or loose by default. As I have now heard they have settled with Wiffaleen, which is great news, I am thinking my thinking was correct. As it cost me £8.40 to send the letters special delivery and abbey have not complied with the order, I am going to wait until after the hearing now and see what happens. I am sure the Judge was well aware of what the banks have been up to and applied the General Form of Judgment accordingly. I hope that by waiting until after the hearing this will provide more ammunition against the banks and help future claims be concluded quicker and to the advantage of us. I could also be completly wrong and facing the multi track. Gulp !.

 

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

Link to post
Share on other sites

Hi Mad Nick,

 

Not able to attend hearing today as at hospital all day today, was not required to attend if agreed with Judges possible decision, which I did. Going to ring court first thing in the morning to see if I can get heads up on what was decided, so post tomorrow if I know anything. Wife through the op which is main thing, just long recovery for her. I would rather face an MC hearing than go through that again, thats three ops in the last 18 months, to much stress. Be glad to see the end of all this, but soldier on.

 

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

Link to post
Share on other sites

Thanks Girls and guys for the support, wife came through the op ok and is on the mend. Disapointing news however from abbey. After a long drawn out conversation of questions regarding specific charges and on back of the envelope calculations, I came to the conclusion that it is another ploy by the abbey to screw me. Hope I have not libled anyone with that comment. It was a lesson in how to offer 75% of the claim without actualy mentioning 75%. The abby person I spoke to could definatly be a confidence trickster, very well unprepared, almost threw me of guard. Again sorry for any liable, not intended.

 

So in conclusion then, Just another delay tactic by abbey. Tried to blind me with over the phone calculations, also said can not claim interest back on charges due to charges, yeh right. Forgot to mention 8% S69 interest, Just tried to con me into a settlement, so beware people.

 

I obviuosly fell into a trap, especialy as I could not attend the hearing yesterday due to my wifes op. Abbey did not attend and faxed through a letter to say entering into talks with me. Judge decided to stay for one month pending talks to resolve case. Just another months grace for abbey.

 

Feel very deflated at the moment, hope to bounce back tomorrow. Concidering a counter offer, but not sure what to do as realy fed up with it all. Comments will be much appreciated.

 

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

Link to post
Share on other sites

:) :) :) Dear Bish

 

Havn.t spoken for a while as I had a bit of a fall all this metal in my spine plays havoc with the balance you know!! Anyway glad to hear your wife is on the mend we send her lots of love from Norfolk. Don't give up Bish if we can do it anyone can. Any help we can give please just ask as I am available all the time. Good luck to you.

Catherine Bear

xxx

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

Link to post
Share on other sites

Hello Bish

 

Best wishes to your wife and hope she has a good recovery!

 

I feel exactly the same as you, the shABBEY certainly know how to wear you down, but all you have to do is to come on here and look at all the support you can get, whether it is moral support or help with your claim!

 

Keep on taking the fight to 'em Bish, you really know there is only one winner at the end of your claim!!!!!!!!

 

Keep your spirits up!!!!!!!

Phil:)

This is only my personal, honest opinion!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...