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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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dave and cath against abbey *13k WON WON WON !!!!*


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YAYYYYYYYYYYYYYYYYYYYYYYYYYY :D :D :D

 

Brilliant news catherinebear!!!!

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Hi Catherine,

 

Well done for your strength and courage, I have just read all of your thread and it made me cry, twice! When I read your story and when I read the result. Me and my husband are just at LBA stage for £9400 and have just turned down £1257 GOGW. The Abbey have made my life a misery for the last 3 years! You have given me hope! Thanks.

Fiona x

8) FoxyFiona

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Hi everyone

 

Thank you to Fiona for the lovely comments and to all of you who have sent us messages. I am still waiting to hear from DLA Piper about the costs and AQ money am going to tel them today as I am fed up with waiting and want to get this matter settled. When we lost our house by having to sell last October we were luckily given a lovely bungalow in a village by a Housing Association because of my health problems but some 11 months later and we still do not have carpets oh we are so going to have carpets now!!!!

Love to all on the site and a big thank you for keeping our spirits up now we are going to hopefully get the other b............s who have made ours and all you out there lives so b....... miserable!!

Catherine and Dave

xx:grin: :grin: :grin: hey its funny putting a smiley face instead of Mrs Angry!!!

: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!

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WHAT a shopping trip that'll be!!!! Enjoy!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Catherine and Dave, your post bought a tear to my eye this morning (I must be having pmt!) Its lovely to see what a genuine difference this is going to make in your lives, (and in everyone else who goes through this process) not just the money, but the confidence to take control and never to be messed with again, I am so pleased for you both :-D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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What is it wth Women and soft fluffy things eh? :D

 

Lovely to hear the difference it will make....... am genuinely pleased for you and wish you continued good fortune ;)

srfrench :eek:

 

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

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Congrats.

 

Beating companies and big institutions is possible and very attainable. They will always try to disempower you and make you believe that you can't achieve anything because you are just one person fighting outside your weight division. I think this applies to everything in life ... politics, communities ... believe and you will achieve.

 

The advantage of fighting a corporation is that they only speak one language ... money. That is the essence of their make-up. Making money is all they are designed to do. If an officer of the company thinks any other way then they will be kicked out faster than you can blink. You can exploit that by making it commercially viable for them to settle rather than take a case to court. Many people believe that you can't beat the big boys in the courts, in fact the opposite is true. I think you stand a better chance of beating this guys than you do a lot of smaller fish.

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Congrats to you both. I've only just found the thread but have read from beginning to end. It's brilliant news for you - go and enjoy YOUR money.

 

I'm filing my moneyclaim in the next couple of days. I need to read through everything again, all these 'bundles' documents etc. I can't download most of it because I don't have word or excel, so I need to make sure I fill the claim/soc out correctly (the overdraft interest charges are still bothering me).

 

Anyway. Well done again

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Hi Catherine & Dave, i've just read all your threads, congrats to you both, you so both deserve it.

Im just starting out, the crappy abbey owe me £7500, reading your threads has given me the strength to carry on.

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Hi Conncat

 

Welcome to the site I am glad our story has given you the strength to go on, thats what this site is all about you will make many friends and get all the help you need to take the abbey all the way and get your hard earned money back where it belongs. If we can be of any help please ask. Good luck to you.

lol

Catherine and Dave

xx

: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!

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Hello I hope you have success with your claim

 

I have just put in a claim to Abbey for £2759 re excess charges and penalties. They have filed a defence saying they had notified me of their charges which are justified. They go on to say that even if the charges are unfair (which they deny) I would still be required to pay some charge and they would not be liable to repay the charges in full.

I have until the 28th Oct to send back the allocation questionnaire to the court but am not sure what to write. I am not represented by a solicitor.

Should I quote previous precedents where Abbey have lost or not defended claims and where might I find this information.

 

Can anyone help?

 

Tony

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Tony - it's the usual stalling tactic. They say this to EVERYONE! Carry on exactly as you have quoted in your letter - DO NOT allow them to set timeframes. You have TOLD them what you are doing - just do it now.

 

Start your own thread - you will gets HEAPS of help.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Hi Tony

 

Yes they did just the same to us don't be put off they are just using scare tactics but they have done this to all of us we carried on and received settlement offer of £13,200!! rather than disclose the way their costs are managed. Good luck look forward to reading your thread.

Catherine and Dave

xx

: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!

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Hi Cath and Dave congratulations I hope I have the same success. I have downloaded notes for completing the form N149 AQ and it says

"accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation"

 

Do you think I should include this along with the other information on the form.

 

Regards and thanks

 

Tony

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Dear Tony

 

When you get to the Allocation Questionnaire I will forward to you a copy of what we put on our form with regards to the disclosure, I think this will definitely help you. Good luck.

lol

Catherine and Dave

xx

: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!

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:) Hello everyone

 

Just spoke to Abbey the cheque has been requested and should be with us any day!!! Cannot wait we will be photocopying it and framing it on the wall. Good luck to everyone out there if we can do it you certainly can. Cannot wait to finally put against our name "settled"!

lol

Catherine and Dave

xx

: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!

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Well done catherine & dave

I'm not going to say you deserve it cos it was your money all along & like so many of us it has had such an effect on our lives to have had it taken from us at times when it was really needed.

what I will say is good on yer for sticking at it & getting a brilliant result;)

 

Will probably here the cheers over here in sunny spain & may have a glass of vino to wish you a bright & happy future!!!!!:D :D :D

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hello Tony

 

If you want to send me your email address by private message I will send the appropriate sheet to you for adding to your AQ. Good luck do not panic we are all here to help each other.

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!

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