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    • Hi BankFodder I answered a couple of your quentions, but now that you have confirmed that the info in the email is important I'll use that and call them tomorrow.   If they insist that I didn't confirm that the change of contract would affect me and that the email meant nothing I'll talk to my bank.   I don't want to take up anymore of your time until I get their response tomorrow
    • Thanks again for the replies. For now we have to wait for the court date and hope.    One final question, the NIP notice of the Police sent detailed the speeding prosecution, can the Police / CPS change this?     
    • You're absolutely correct.  I was stopped by an officer who actually looked like a pig.  He tried to give me a verbal NIP but couldn't' quite remember it so helped him out.  (I am an ex Police Officer.)  There was therefore no need for a written follow up.   I did actually guess that he would screw something else up and so it proved.
    • I have looked at your WS and you make some very good points with just a couple of things that would be better moved around.   Under your Sequence of Events  at 4.4 you move on to relevant contracts which needs a sector on its own. Also you should make the point that as the Privacy Note was obviously a Note To Driver, the PCN should not have been sent within 14 days but after 28 days.  This was  an underhand attempt  to thwart PoFA by bringing forward the liability for payment but means instead that they issued an  NTK  which cannot transfer liability to the keeper.   Then move on to Relevant Contract which you have  already quoted the PoFA guidelines. include that there are two property companies included both of which therefore should have signed the deed. In addition the two property companies and VCS should have been  signed by directors and their names and position identified.   The deed also required that the signatures be witnessed and named and should not include any director that had already signed the deed. Furthermore neither property company appears to be the actual land owner.   Strict proof is needed as to who is the landowner and also the link that allows the other two companies to sign on behalf of the land owner. So VCS have no Locus Standi until the landowner is provided and the connection with the two property companies is proved.  Under PoFA their needs to be a contract between the land owner and VCS which governs the behaviour of the motorist. Without that deed, there is no contract with the defendant.   As an aside you may have seen on the boundary map that Headford property described themselves as the "lawful Occupier". This does not necessarily mean that they are the land owners they can be tenants just as easily. https://www.lawinsider.com/dictionary/lawful-occupier I would be inclined to take that definition with you but not include it in your list of documents.   You have already covered points 5 and 6 so there is no need to repeat. And no need to include Bye laws since there are none.   7]  You can delete all of this as you did that now on 4.6 or 4.7 and there is no need to include Excel. They have no signage in the car park and the Privacy Notice doubles up as a notice from excel and vcs but you will notice that only vcs is ticked on the privacy notice. And remove 7.1 as well.   8] you do not know that the first PCN came from excel. I suspect that the mixup on the Privacy Notice caused you to think that and as you threw away that PCN  you are on a sticky wicket accusing them.   On 4.6 you can include that VCS do not have planning permission for their signage and cctv cameras which is a legal requirement under Town and Country {advertisements] Regulations 2007. Without that permission they do not have the right to erect signs nor install cameras which puts them in breach of their COP where you can include Lord Neuberger's thoughts on the right to use the DVLA when they are not compliant even with their COP never mind the Law.   When their WS arrives please post it up so that we can see where they have gone wrong and correct it so the Judge is not misdirected.   By the way, I have seen the VCS contract but not the original PCN. If you have it could you please post it up as there may be other ways in which it does not comply with PoFA.
    • I'm sorry but I asked you a number of questions and you haven't addressed any of them. For us to help you, you would need to give us the information we ask for
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Elliot v lloyds - the "test case" settled in full by Lloyds


BankFodder
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About a week ago.

 

i am trying to find more details

 

 

Clearly Lloyds failed the test!!

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They have no grounds to and this settlement by Lloyds will embarras the courts and make them less likely to do it again in the future.

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Send an email to all the newspapers:D :D

What headlines do you imagine

 

"LloydsTSB Defence melts into insignificance"

"Claims put on Ice defence lawyer found in pool"

Lloyds TSB - N1 claim issued 18/07/06 - £3440 Offered unconditional settlement 23/08/06

Vodafone-Information Commisioner assessment -default removal -25/07/06

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Would have been nice to have a test case behind us but I know a lot of people can't afford to wait for, possibly, months for the result. I think, on balance, this is good news.

 

If you read this Elliot - Congratulations!

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Well! I'll go to the foot of our stairs, as me mother used to say!!

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Someone ring the Daily Mail. Having give this so much prominence they should give equal prominence to this total and utter humiliation of Lloyds. What will it take to get one of these banks into court and held accountable for their decades of unlawful charging?

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Excellent. Hopefully all those people who are starting to worry/be put off will read this and continue to proceed as normal.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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fantastic news!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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I don't understand...

Doesn't this mean that Lloyds admitted their wrong doing????

 

Doubt it, depends on the terms of the settlement. I'd imagine it was on the basis of no admission of liability on the banks part.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Great news. Thanks admin/mods. Good work. This site is worth every penny of the donation I am going to make when I get my cash back!!

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Great news.

 

Gosh you guys are good. Where do you get your information?

 

thanks.

 

Now lets get back to our claims!!;)

.

.

.

Sign the Phil Whitmore petition: http://petitions.pm.gov.uk/PAYUSBACK/ :)

 

 

Abbey Current Account claim for charges £1307.11

 

26/01/07 Awaiting court date

25/01/07 Courts lost my file!! Said it will be sorted soon

23/11/06 Defence recieved from Abbey

20/11/06 Statements a full 6 years received

16/11/06 AQ completed & submitted

30/11/06 Claim number 6SQ06250 recieved from courts

24/10/06 Claim submitted to courts x3 copies

21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06.

21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06

11/07/06 Reply to Pam Speed Data Protection Act fob off letter.

10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06.

29/06/06 Data Protection Act statement request sent

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Well! I'll go to the foot of our stairs, as me mother used to say!!

Yes, but do you know what the rest of the saying is?

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daily Mail is also being involved - but listen to radio 4 Moneybox this Saturday

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daily Mail is also being involved - but listen to radio 4 Moneybox this Saturday

 

That's fantastic, now they can correct the rubbish they have written which has given the wrong impression to people. Do you think this settlement and aftermath will put more pressure on Lloyds

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I am trying to get more info but my understanding is that the claim was for an indterminate amount "not exceeding £5000", that the Elliots don't know about this Group!!!! and started off their own bat. They first they knew that the claim had become significant was when they heard about it in the Mail. They didn't even know that it had been settled.

 

A journalist called phoned lloyds and Lloyds told him that it had been settled a week ago and so I suppose that the Elliots haven't heard the news yet.

Apparently they were horrified when they read the mail because they only wanted their money and had no interest in becoming a test case.

 

All of this has been told to me by a BBC journalist but I have yet to contact them myself alhtough I intend to do so as soon as I can get their number.

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