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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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dave and cath against abbey *13k WON WON WON !!!!*


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Good Evening catherine,

 

I have today received a letter for GOGW for a payment of 660.00 against a claim of 3375.00 without interest they are saying they will credit my account within 10 days and if they do not hear from me within 8 weeks they will close the matter. Obviously back to templates and the next letter am driven by your detemination and hope for a speedy outcome. Regards:smile: :-x

 

 

Suzy - keep to your timescales - send back a letter accepting this as a part payment towrds the full amount and you'll continue your claim for the remainder etc..

There is a letter in the template library for this purpose - don't let them throw you off track - keep going you are not far off now!! :D

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Hi Suzy

Abbey paid our money in when they offered to settle and there was no funny business they kept to their word (hard to believe I know!) and even kept the account open which was handy for us as the parachute account we opened would only enable us to have a cash card. However, still only use the account if we need to make a payment by visa! Good luck.

 

Catherinexx:)

: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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It is my Daughter's birthday tomorrow and I was going to spend a bit more and it is my money in the fist place I suppose but didn't want to risk anything. Thanks will keep you in the loop about my other claim, which by the way I have had a letter stating they need another 4 weeks to investigate properly I don't think so!

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  • 2 weeks later...

Hi Catherine

Just a quickie, I have heard back from the court that the Abbey have filed that they intend to defend the claim and now have 28 days, am I right in thinking this is the 'norm' for them and just a stalling tactic?

Fiona

8) FoxyFiona

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:) Hi Fiona

 

Sorry for the delay in replying but yes I think they are just trying scare tactics they did this to us but settled in the end. Good luck anything else I can help with just ask away.

Love Catherine

x

: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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Here you go Clippy

 

ABBEY NATIONAL PLC

ABBEY NATIONAL HOUSE

2 TRITON SQUARE

REGENT'S PLACE

LONDON

NW1 3AN

: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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  • 3 weeks later...

Hi everyone just reading through this thread and felt I needed a bit of morale boosting!! I too am taking Abbey to court for £2300. I have filed my AQ and been waiting now for 2 weeks to hear from the court about a hearing date, and getting very despondent by the day :(. In the meantime I've had a letter from Abbey saying "having looked again at your complaint I regret I cannot agree to refund any charges".....but they have refunded £800 as a GOGW. I'm also getting nervous about getting together a court bundle, in fact my stomach is churning! Please tell me it will all soon be over LOL

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Hi everyone just reading through this thread and felt I needed a bit of morale boosting!! I too am taking Abbey to court for £2300. I have filed my AQ and been waiting now for 2 weeks to hear from the court about a hearing date, and getting very despondent by the day :(. In the meantime I've had a letter from Abbey saying "having looked again at your complaint I regret I cannot agree to refund any charges".....but they have refunded £800 as a GOGW. I'm also getting nervous about getting together a court bundle, in fact my stomach is churning! Please tell me it will all soon be over LOL

 

 

Hiya,

You say Abbey refunded money already as a GOGW? - That's fine there is a letter in the Template library that you can reply with accepting the money as "partial" payment and you are still continuing with your claim for the remainder etc.. - it's a good idea to send that letter to let them know you plan to continue your claim.

 

Abbey seem to settle a lot of claims once a court AQ hearing date has been given - often leaving it till the last day etc.. - have a read about the different "succesful" threads and you'll see the pattern of how they are working etc.. I am sure there will be a case amongst those that will be like your own etc..

 

Hang in there - you got this far and will manage the rest really!! It shouldn't be long for you now as the AQ has gone to court so it will be just a matter of waiting now. Good Luck

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Sorry I could have answered that better for you. You aren't being dim at all - my explanation wasn't very good.

 

Now your AQ papers have been filed - court will write to you giving you a date for the AQ hearing - there is information on here about the AQ hearing in the A-Z section - there is an explanation of the different types of hearings etc.. http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html

 

The AQ hearing is where the judge will decide which way the case/claim goes next etc.. and judge will write to you directions etc.. at this time. This is often done "ex parte" where neither side need to attend court - at other times claimant and defendant are invited to attend. You won't need your court bundle for the AQ hearing stage - just the papers/evidence you have so far etc.. will be dealt with at the AQ hearing. Chances are Abbey will pay out before this hearing etc.. so don't worry - just take it as it comes.

 

I have put a link here for the court bundle for you - it's a good idea to download it and start going through it to read etc.. get familiar with it.

 

Attached Fileszip.gifCourt Bundle for CAG.zip (46.1 KB, 1021 views)

I hope that explains a little better for you - I am sure if you read the successful Abbey claims you'll see the patterns of how Abbey seem to be working etc.. Everything you need for your bundle is in this link and then the addition of your own materials of evidence (statements, letters, schedule of charges etc.. etc..) - but wait for the AQ stage to be reached before you put your bundle together - it's just a good idea to read through and be familiar with it.

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Hi Cmonty

You are not the only one who feels dim! I have just put the court claim in for 2500. I feel that I am pretty capable of most things but looking through the process, although bit by bit its clearer, looking at the whole thing in one go looks like an insurmountable mountain!! I write on the calendar when the next step is due because I started all this last year and just let it all slip so had to start again.

I got a letter from Abbey at the deadline date I gave them for a court action saying that they are looking into my claim and I should wait a month to hear something while it is being looked into. Then it could be another month if they are busy! I just carried on regardless with the court action. I think the letter was a delaying tactic and I cant afford to wait any more.

Good luck and take heart from all the success stories here.

Ally

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:) Hi all

Sorry have been out of touch for a while have been under the weather with the old spine problems. Anyway once we filed our AQ they seemed to get the message more and eventually settled in full. If I can be of any help to anyone please let me know.

Catherine

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 Catherine,

Sorry to hear you have been unwell.

I am just completing my AQ following the guidelines on this site on how to fill it in. Did you print off the draft order for directions to go with you form and also did you put anythin in for further information. My claim is a larger one (£9900) so the bit for small claims is irrelevant, I believe. Any help would be appreciated, head getting in a muddle.

Fiona

8) FoxyFiona

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  • 2 weeks later...

Hi Everyone

Have been away from home so apologise for not replying to your messages, but I did not get as far as the draft Order. However, any other questions will be only to happy to help if I can in any way. Good luck to everyone out there.

Catherine

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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  • 2 weeks later...

Hi there everyone, can anyone help please!!!

Ive got my court date which is the 14th of June,hopefully taking Shabby Abbey to the cleaners:p Im trying with no success to sort a court bundle out, im not grasping the example on the court bundle zip which is online, it all seems very confusing, can anyone simplify it, there seems to be alot of stuff that seems irrelavant, to be honest i havent got a clue and im beginning to panic, can anyone perhaps send me a easy version?

Im not thick, honest.lol. Many thanks Jaky

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Hi jaky,

 

Welcome! I've just done my Court bundle. I printed the basic court bundle zip file & then added my own bits -ie- copies of correspondence, an upto date schedule of charges, copies of the bank statements. I was also ordered to do a Witness Statement & Skeleton Argument so I added these too...it ended up at 96 pages but I think it's all relevant.

 

Why don't you start your own thread...there are lots of people in the Abbey forum at a similar stage to you & who will willingly help guide you through this stage.

 

Goodluck!

 

Villafan

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Hi Villafan,

Many thanks for your prompt advice, i wasnt actually sure whether you actually used all of it, on reading it now i understand it a bit better i hope!

Thanks again Jaky

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Hi everyone,I'm new posting to this site, have been reading threads for claims of over 5k. We are waiting for a response to our LBA sent to the Abbey 10 days ago, where we have offered to settle for 75% of total amount without interest (approx 9k total). Just a quick question (apologies if repeated) I haven't split the claim when sending Shabbey details of the charges we are reclaiming, so when I file MCOL can I then split it or do I have to claim the whole lot in one go? Was thinking of claiming in husbands name and then a separate claim in my name (joint a/c) to keep both amounts under 5k. Sorry to ramble and be thick,:o any advice would be gratefully accepted as don't qualify for any legal aid:confused: Thanks in advance:)

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Hi Mrsouzet,

if i were you i would split the claim into 2 then you can be sure it will go to the small claims, i have just had a good result from Shabbey yesterday after no communication from them for over 5 months, my claim(court date 12th June)was for nearly 7k of which £4987 was charges the rest int and £250 court fee, i was so stressed worrying wether it wouldnt get to the small claims.

A very nice man rang me out of the blue yesterday from Shabbey who first informed me of Lloyds TSB,S success in court(i thought at this point i was doomed in ever getting the charges back)he then proceeded with the charges are lawfull etc,etc,etc, then he asked would i be willing to settle out of court, he offered me 5k,i refused and told him no less then 6.5k, i was apologetic that i couldnt accept any less as i had 2 little ones to support, he was actually human and said that in light of my family circumstances he would have a cheque printed in 15 minutes and i would recieve it by the weekend, gobsmacked, he was so polite and i was back, it doesnt cost anything to be nice to people and in my case its got me a settlement im so happy with and i can stop stressing about the thought of having to go and stand before a judge,believe me its not that scary when your in letter mode but when your hearing date comes its sickening, well for me it was, so now i just have to wait if the cheque doesnt arrive by Saturday he,s told me to ring him on his direct line and he,ll sort it, i dont doubt him either,as he was so, so, nice,SUCCESS AT LAST.

Keep at all you Shabbey claimers your red letter day WILL come,

Good Luck,

Jaky:D :D :D :D :D :D

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