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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  
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dave and cath against abbey *13k WON WON WON !!!!*


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:) hi Tony

 

Hope you got the documents okay and they made sense to you. Good luck with AQ.

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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Hi all

 

Spoke to dopey femail at Abbey Triton Square today who says it can take up to 2 weeks to receive the cheque, pity Abbey were not as slow as that in putting charges on peoples accounts in the first place!! We will be looking to have the additional interest added on as well!! Good luck everyone out there.

lol

Catherine and Dave

: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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They make it up as they go along! They deposited my money in my account and didn't even tell me! Get on the phone Cath and kick em up the backsides!

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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Not really sure how to post on this site, but have received an offer from Abbey for £1000 which is about half of my charges so have sent letter accepting as interim and a LBA for the remainder.

Great site and the snowball seems to be gathering pace as people realise it's OUR money we trying to get returned !

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Hi Vanree

 

Yes this is the best site going you get so much helpwith what to do and great support from lots of friends that you meet on the site. Good luck to you will be watching with interest.

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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Hi Cath,

 

Hope you dont mind me picking you brains, but youre a legend now :-)

 

I am trying to get back from the abbey £9400, after the 2nd letter they refunded into our accout £1257 GOGW. I have just had a reply from the LBA letter saying basically, you have had the GOGW, all our charges are lawful and justified as you didnt have sufficient funds in account etc, and if you want to complain here's a leaflet on how to complain to the ombudsman service...

 

did you get anything like this, I should start the court proceedings this week which will cost me £250 and am losing my bottle a bit (as generally having a bad week and everything going pear shaped).

 

Any advise will be very gratefully received.

 

Fiona x

8) FoxyFiona

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:) Dear Fiona

 

You can message me anytime do not give up this is just Abbey's tactics and how they think by giving you a little bit back they are going to make you give up. We went the Fast Track and we dont regret anything you will be successful just keep your chin up. I will be here for you along the way to help in any way I can with the procedure it is nice being able to help people who are in the same situation as we are.

 

With regards to the Ombudsman ignore this we went this route with Kensington Mortgages and it was a complete waste of time! Your day is coming just wait and see.

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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Hi Catherine

Many Many congratulations. You have given me the confidence to go for my sons charges £7300. Preliminary going out tomorrow. He's getting married next year after living with his partner for 16 years not been able to afford the wedding he wanted thanks to Abbey. His account is closed and he has been paying every month to clear the overdraft not much left now. Really annoying when I look at his charges and the way he was hassled to clear the debt. Never mind this might help a bit or even a lot (if all goes well) towards the big day. I will need all the help I can get. I have spent hours reading this forum but your case has really egged me on. Enjoy your shopping you certainly deserve it.

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Dave & Cath - CONGRATULATIONS TO YOU BOTH!!!!!! Thank you for sharing your story with us!! I am so glad you WON and hope they get their finger out and get this money to you very soon - then you can make your new home special ready for your future etc.. You had it so tough - I am so glad you came out of it smiling!!

 

Today I sent our Prelims to ABBEY from two old accounts from when my husband was made redundant after the foot & mouth desease crisis (the firm he worked for went bust) - ABBEY made our lives hellish and really took every opporunity to spin charges onto our accounts - one day back then we had 18 x £30 and 6 x £10 all go out of the account on the same day plus their unauthorised O/D fee!!! When m hubby rang them asking for help (extension of our O/D while he took agency work on) they wouldn't budge to help us and they took 3 of the £30 charges off the list by reversing them and allowed us to have £90 shopping money for the month (we have 2 kids) - then we were faced with a spiral of continuous charges on top of charges till we had to let them default is for £1900 ish!!! We had absolutley no alternative as we had to arrange parachute accounts so we could get my p/time wage so we could eat!! Over a few months we went from being modestly comfortable and getting by in life to arrears in all our bills - ABBEY even had the cheek to ask us why we'd got mortgage arrears!! (like any of us can pay charges like this and pay mortgages??) They harrassed us for a long time - and I remember only too well how low it makes any of us feel - they have no conscience at all.

 

Now I totted up that even after paying the defaults on the two accounts we owed them on - they still owe us around £2000 mark!! and that's just on the 2 current accounts!! That's just in charges and cleared transactions charges - I have yet to go through the mortgage account to see what charges they sneeked into there!! (that's my next project tomorrow - I am reading what I can claim back there) So I plan to get our defaults removed and our remaining money back - would love to go court show a judge what they did to us cause our accounts were fine till they took the mickey when hubby was made redundant - in 3 months they stung us for £3000 in charges - YEP!!! Payback time is close??

 

Cath - your thread is an inspiration!!! So glad you wrote here - I shall sure chase our money back and clear our names!!

 

Sure can't wait till you write you got your cheque!!! :grin:

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Hi to everyone and especially Elizabeth and Anney

 

Lovely to get your messages. I agree with you Elizabeth we to like you through the Abbey eventually had to sell our home and lose everything we had worked hard for just because of the fact that my husband was made redundant and I became ill and could no longer work! We are delighted that Abbey have chosen to settle but battle on now to claim back two ERC with GMAC and Kensington and like you we are awaiting statements so I dread to think what they have charged us in actual charges as well!! They had the cheek to write and say were we sure we wanted all the papers they held? Oh yes please you b............s.

 

Anney I am sure you will get the money back from your son's account and hope you have a fantastic wedding you deserve it. Can I have a pcture when the happy event happens.

 

They had an article on this matter on GMTV and I wrote in by email telling them all about The Bank Action Group and how grateful we are to the two fellas who got this site going for us with all the hard work from them and their helpers we have been able to move forward. Power to us people!!!

Catherine Bear

xxxx:)

: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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Thanks Cath,

 

Your words of support are truely appreciated. Going to start putting the court claim together on Monday, going to give myself a few days to read up etc before I do it.

 

After reading different peoples stories you have to wonder how the people at the Abbey sleep at night. what upsets me is that I tried all ways to reason with the Abbey people and they were so fixed and rude they wouldnt budge an inch, my account is on a manage down and when I go into the branch the staff there have a condersending tone in their voice. In the last telephone conversation I had with their debt dept, the woman their said "it does matter whether you cant believe it or not, there is no way that this months charges can be waived, and if you go over your overdraft again we will request it all back at once" What I find amazing is that after a few letters instead of refunding £240 (the charges I asked them to waive in that particular month) they have now refuned £1257, its like magic!! They should be called the Dick Turpin Bank :-) Going for the rest now!!

 

Cheers Fiona :-)

8) FoxyFiona

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:) :) :) Yes!! Just had a telephone call fromAbbey money is in the Bank £13,216.66!!!!!!!!! Thank you to everyone who helped us along the way to get this money back and good luck to everyone out there who are taking their Banks etc to the cleaners!! Will start a separate thread to start claiming back our court costs as we have not agreed these yet.

Catherine and Dave

xxxxxx

: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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ManyMany congratulations to you both, have you tried talking to them re the court costs and these are usually automatic, might be quicker than going through it all again

 

But whatever, you have won the main battle and enjoy, you deserve it :-D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Congrats catherinebear - I am thrilled for you. I am just at the point of sending off my claim so I can look forward to stalling tactics and all the other crap they try to pull for the next month.

 

If I need help along the way with the AQ etc, I will definitely be seking your advice.

 

Well done again and enjoy !!:)

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ha ha...... ;) Congratulations you've deserved it (but not the stress!)

 

Well I hope Abbey choked on their cornflakes....... well done once again! :D

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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:lol: :grin: :lol:;) :grin: Well done once again and We wish you and Dave better times from now on. Best wishes and have a well deserved holiday.

 

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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Hi Cath and Dave

Yippee!! I am so..oooo pleased to hear of another victory against shAbbey!!

 

They made my life hell over so many years. One time I phoned from in the bank and some slip of a girl (judging by her voice and attitude) told me they'd reversed one charge and they would not be reversing any more - they'd taken £150 in charges that month out of approx £500 income. I was in such a state all I could do was to turn to the wall to stop people seeing me in tears. B*****ds!

 

I look forward to hearing about your win with Kensington Mortgages. Mine will be with GMAC after shAbbey x3 and possibly bailiffs?!

Wanabee:cool:but easily :confused:ed!!

23/6 Data Protection Act + £10

6/7 Pam Speed ltr

7/71 yr sttmts (2nd a/c) Faxed auth. 4 £10m'fiche

9/7 Screen prints 1 1/2 mths 1st a/c/2 1/2 mths 2nd a/c

11/7 20 mths sttmts 1st a/c

25/7 DPA reminders

1/8 40 DAYS UP & NOTHING

5/8-8/9, 7/8 3 "sorry not happy"/"m'fiche not covrd"ltrs

9/8 IFO form & backup mat'l

10/8 LBA/calcs 2 Dawn Hoyle

CHECK COPY STMNTS - DON'T HAVE CHARGES AT FRONT

12/8 a/c info fm 2001

18/9 £505 GWP offer

26/9 Rej. ltr/7 days 2 court action (1st a/c)

10/10 Moneyclaim form online (1st a/c)

20/10 Ack of Serv rec'd

3/11 AQ 2 court

20/11 Abbey AQ @ court

4/1/2007 Preliminary court hearing due

30th Dec. 2006 REC'D FULL PAYMENT INTO BANK ACCOUNT - ABBEY's WITHDRAWN!!:D

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Excellent news Catherine, its taken a while but the result justifies it.

 

Your thread is an inspiration to many who will follow where you lead. Just like other threads it is wonderful to see how the nervous and worried Catherine at the start of this thread has gradually changed into somebody that beams with pride at what you have achieved.

 

Enjoy your moment you deserve it.

 

Now go and get those carpets :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Thank you for all your good wishes today we have had the lounge replastered next week measuring for carpets Hoorah!!! I must admit that this site and all the people on it have given us the strength to go on and we will go on claiming back what is money which should not have beentaken from us by banks and building societies!! Good luck everyone,

Catherine and Dave

xxxxx:-) :-) :-)

: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 Catherine,

 

I love your happy ending with shABBEY....and the thought that you will have many more happy endings to come!!

 

:-) :-) :-)

 

You can just feel the satisfaction through your words. It is extremely inspiring.

 

I would like to ask you a question if you dont mind, When you settled with the shABBEY did you discuss costs other than court costs? They are driving me nuts!!

Good luck with all the other claims, Xmas is gonna be fun fun fun in your house!!

 

 

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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It'll be a book deal next destined for the best sellers list lol :D

 

Yes please tell........ printing a bundle and unnecessary time wasted due to the ignorance of Abbey, you should at least be able to recover some "other" costs. :cool:

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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