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    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
    • Hi Mango,   Please don't post in large blocks of text as it's far harder to read. Spacing added for you in the post above.   Please give brief answers to UncleB's Q's above so we can better assess your case, thanks.
    • "These are certainly not the persuasive decisions that this Claimant may suggest." Well worded.   I would add that as VCS have been  active in Airports over the years  that one would  expect they would be familiar with the Airports Act which would call into question the accuracy of their WS.   By questioning their WS you are hoping that VCS might decide not to turn up in Court [giving you a walkover] as they might not want the Judge looking closely at their WS. Also it would not be good for them should you win your case based on the Airports Act as it will have other Courts  kicking out other Airport cases hitting them in the pocket.    
    • Hi,   Still no response. I have my Liability Order hearing in a few days time, I was hoping I might have been able to receive a response from either my local councillor or the leader of the council before then. I wonder if they are just going to ignore my email?   Walshy    
    • I have got an  independent expert report which clearly states it is a manufacturing fault, which DFS have been made aware of.   My point is that as a huge retailer of leather sofas with leather peeling  being a common complaint to me it seems evident they are aware it is a manufacturing fault on their side. Yet they play games with customers and worse of all try their level best to get the customer to believe that it is their fault due to oils or creams they are using.   Even if one is to believe that every day creams etc can cause this damage then in any event the sofas are not fit for purpose.   Surely they are merely playing a numbers game banking on the fact that most complainants will not follow through with legal action. Yet what about the anguish and distress they cause to customers in the process.   To me this shows alot of contempt towards consumers and is clearly unethical.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

bartymuv vs abbysmal


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ok, 1st letter formulated and about to be posted! looking forward to the next couple of months. just need to sit back now and read all the posts from others, and try and learn not to panic when confronted with a non-conforming response, but to seek help from this excellent forum. bartymuv.

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Well done and good attitude.;)

 

Help if you need it is here.

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

i have recieved what i presume is the 'standard' response from my 1st letter dated 4th august. (they recieved 7th august).

 

they are going to use my £10 to supply details of transactions held on microfiche that i need.

 

the letter goes on to explain what they consider 'manual intervention' means!

 

so, i guess i sit back now and wait again. if theres something else i should do, like respond to this letter, please could someone advise me.

thankyou, bartymuv.

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No this is good news......especially since there is no mention of their infamous cant supply microfiche comments.

 

How far back are you claiming ?

 

Your response you should be to wait for this to come.

In the meantime have a look at your next move after the info lands the prelim letter (see link below bottom of post )

 

 

Also a good idea to have a look in the Abbey threads and see where they are up to.

In a couple of weeks you will be there too .......after current claims have all been done and dusted !

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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thanks martin, their letter told me i can only go back 6 years! 'quote' we can however supply details of the transactions held on the microfiche on payment of an admin fee of £10 for multiple monthly statements per account that have been archived. i was with a bank swallowed up by abbey called 'national & provincial' which is some years ago! guess 6 years will have to suffice.

back to the archives, thanks again, bartymuv.

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ok, today i recieved 14 individual letters containing monthly statements!

they run from may 2005, through to july 2006.

 

can i assume that the microfiche statements will be posted the same way? (my postman wont be very happy!)

i read that they can arrive in a plain brown envelope!

(postage must be costing them a few bob!) i believe i now wait till the 30th day before sending them a reminder (assuming i havent received the remaining statements).

 

cheers,

 

bartymuv.

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When you received the first letter, saying about the fiche, did you send the follow up dpa letter?

 

Basically the first letter is refusing your dpa request and you need to send the fiche letter i think its in a sticky on the abbey forum.

 

HTH

 

Glenn

 

PS they sent me some statements on one of my accounts 14 months worth and several years worth for the other account. no obvious reason why one is different to the other.

 

still wating on the other account.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi glen, no, i didnt!

 

thats a good start isnt it! should i wait till 30 days have passed and then send them a reminder including the data protection act? im not too concerned about time limits, and i daresay they'll use this as an excuse to delay the rest of my statements.

 

oh, btw, i received one more statement this morning, making

15 letters (statements) in all.

 

thanks for your help,

 

cheers,

 

barty.

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I think you have tweo choices, sit and wiat for the statements, they may send them anyway without the SAR.

 

On the othe rhand if they dont you will not really have the evidence to support the claim should it go to court. Or at least they will argue they sent you what they had to and you didnt insist they send anything else.

 

Its your call. im not sure if people have been getting statements requested informally in this way or not.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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  • 4 months later...

its been a long time since i last posted!

 

to be honest, i really didnt think it was worth pushing the 'abbysmal' for the small amount that i had calculated they owed me. but, i had let all my colleagues at work know about this site, and some of them have taken on their banks, often involving considerably more than myself.

 

so, they keep asking me how im progressing?

 

today i decided to continue with my claim, and have produced the 'request for payment' letter and included copies of the relevant bank charges dates etc.

 

tommorrow i shall send this by recorded delivery.

 

i'll give them their 14 days to respond, then send them my final demand before the LBA.

 

i only have 1 question, and that is the address that i should send it to. i have used the head office address in regents place NW1 3AN. is this ok?

 

heres hoping for a prosperous new year for everyone involved with this site.

 

barty.

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Yeah, London address is fine - that's where it all eventually goes anyway I think in the legal team. I used Milton Keynes initially but it's probably best to serve Head office. Give them 14 days - who know you may get a GOGW before the court stage.

 

Good luck!

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thanks for that,

 

something else thats been putting me off from chasing the abbey is the fact that i have an overdraft facility with them.

this is 3 times as much as they owe me, although i haven't reached my limit, (pretty close to it)! has anyone known the banks to call in the debt once youv'e started the ball rolling so to speak?

 

it wont put me off from chasing them, just need to be prepared if it is a possibility.

i have a parachute account so thats not a problem.

 

thanks,

 

barty.

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thanks karnevil,

i'll await their response when they receive my 'request for payment' letter posted today (recorded delivery).

must say the labels that i purchased looked quite impressive attached to the letter!

 

wonder if it will influence their decision? lol.

 

barty.

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  • 3 weeks later...

have received a letter (dated 19th jan.) on wednesday (24th jan) offering me £100 as a goodwill gesture.

 

i have 8 weeks in which to respond! they also enclosed the customary complaints leaflet and tarrif charges.

the author was a guy named gordon mccoy, senior customer resolution manager.

 

the amount is about a third of what im claiming, so why they couldnt go the whole hog i cant understand!

 

anyway, im a bit confused now as to which template i should use to respond. also should i continue to use 'recorded delivery'?

 

cheers,

 

barty.

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abbey,

 

have actually reimbursed £110!

 

so, do i quote thier letter with the £100, or do i state the actual reimbursment?

 

i dont think it will really make much difference, but just to be sure.

 

barty.

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