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    • So I just found a couple abandoned traffic cones locally by some bins.   A bit squished but free!  So have placed them on the land.  Will wait to see if the cones get moved and signs ignored again this week before I consider rocks/ boulders.
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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Sarah V Abbey *** WON ***


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still no word, called court today and they said i should have heard by friday if not call again. havent done anything about the letter i received.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Any ideas?
Refer them to section 13.9 of The Banking Code, which states that they will not post anything to credit reference agencies while the account is in dispute. I would also tell them that if they do say anything prejudicial about you to the CRAs you'll just amend your claim to have it removed.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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its short and sweet- does this say enough?

 

We are writing in response to your letter dated 16/09/06 informing us of your intention to register default information against us.

As this account is currently in dispute may we refer you to section 13.9 of the banking code which states that you may not post anything to credit reference agencies while the account is in dispute. We would also like to inform you that if any thing prejudicial about us is passed to the CRAs We shall amend our claim to have it removed.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Sounds fine to me. Concise, to the point, says what it means.:)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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abbey are soooo funny NOT! received letter today acknowledging my letter of 3rd Aug (the one that says 7 days to respond or i'll take u to court! too late i already have) They apologise for the delay in replying (!)

 

the letter says ' i understand you have already received details of the transactions and charges that are held on our computer system, which was sent to you free of charge (not true, i sent a postal order) within 40 days. you have therefore been given all the transactional data that you are entitled to under Data Protection Act. any details prior to this have been archived onto microfiche. as microfiche records are not held as part of a current filing system, they are not covered by Data Protection Act and will therefore not be provided to you under S.A.R - (Subject Access Request). i can arrange to send you this info, however it is not subject to the 40 days statutory time period. to cover our admin costs, there is a fee... for archived microfichecovering more than 1 months worth of transactional information, the fee is £10 per account.....' blar blar blar.

 

is it even worth replying? why is it none of the shabbey departments seem to speak to each other? I went to the court today to file a claim against GE money, but thats another story.... Anyway I checked progress on this abbey claim and was told it went up to the judge on 22nd so should hear by next week. any advice on the above :-| greatly received.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 2 weeks later...

received letter from abbey dated 10th oct , its the 'sorry that you have been so happy that you felt you must complain...'letter. Don't they know that i'm so unhappy i have started court proceeding against them?!!!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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I hope you read the report on the findings of the investigation into the Abbey Microfiche argument Sarah......... look in the Abbey Section.

 

I summarises that the findings are that the Microfiche system is a relevant data filing system and as such comes under the DPA.

 

Contact them Monday quoting this and ask what you may........... but don't give them a further 40 days or more than a week.

 

Their sorry ass's are yours.............: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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got letter today in reply to my letter of 26th sept telling them they must not give information to credit reference agencies as this account is in dispute. They say ' I understnad that you disagree with the charges and the balance on the abbey bank account and are seeking a claim against us. However, abbey do not consider your account to be in dispute as the charges are valid under terms and conditions of the account. Therefore i cannot uphold your request' blar blar referring me to fos.

 

they are total b*****! Rang court again today and was advised hearing date has been set for early december and to expect confirmation in post soon. Bring it on abbey!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Received 'notice of pre trial review' @18th December @11am with District Judge Rutland - time to get a court buddy!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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am looking thru all my stuff regarding this case- tring to get it in order! just a quick question- as this abbey account is still active (now without an agreed od) the charges are still amounting- can i add these to my claim and take them to court? or do they have to go on another claim?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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am looking thru all my stuff regarding this case- tring to get it in order! just a quick question- as this abbey account is still active (now without an agreed od) the charges are still amounting- can i add these to my claim and take them to court? or do they have to go on another claim?

 

also i havent claimed 'interest incurred while you were overdrawn' before but now as they have cancelled the overdraft it is nearly £50 per month- can i get this back too?

 

thanks for any help!:-)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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got letter today in reply to my letter of 26th sept telling them they must not give information to credit reference agencies as this account is in dispute. They say ' I understnad that you disagree with the charges and the balance on the abbey bank account and are seeking a claim against us. However, abbey do not consider your account to be in dispute as the charges are valid under terms and conditions of the account. Therefore i cannot uphold your request' blar blar referring me to fos.

 

they are total b*****! Rang court again today and was advised hearing date has been set for early december and to expect confirmation in post soon. Bring it on abbey!

Thay don't consider the account to be in dispute??? Why are they going to court then? I would write back telling them that you note their comments, and that you've added their letter to your claim documents at the court. When the review hearing comes along you can ask the judge to order them not to send anything to CRAs while the matter is ongoing, and to remove anything that they've posted in since the dispute began. Make sure to include the relevent sections of The Banking Code.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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thanks very much for your reply, will sort that letter and get it out as soon as i can. thanks again robertx c.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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am looking thru all my stuff regarding this case- tring to get it in order! just a quick question- as this abbey account is still active (now without an agreed od) the charges are still amounting- can i add these to my claim and take them to court? or do they have to go on another claim?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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please help - i need to know whether i can add the still amounting charges to this claim or whether i have to start a new one?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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I'm not sure about the procedure in England. I suggest you phone the court and ask them how you amend your statement of claim.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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right, have been reading lots of faqs and stumbled upon lisamellor v abbey- very helpful indeed. i am going to follow her lead and call abbey tomorrow and ask if they want to settle, 1 small problem is i am missing all statements between july 2001 - aug 2004 (microfilche) . am eager to get this resolved as quickly as possible, would it be acceptable to estimate for this period when asking to settle?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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called today to ask if they would like to settle. they took my number and said they will call me back next week. whilst i wait for that i will continue to assemble my court bundle.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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called today to ask if they would like to settle. they took my number and said they will call me back next week. whilst i wait for that i will continue to assemble my court bundle.
You phoned them and asked them to settle? :confused: Generaly speaking, we advise people never ever to phone them once a claim's started - especially not to ask them to settle! When you do that, what you're really doing is saying that YOU want to settle, and that puts you in a very weak position. :(

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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i called them after reading lisamellors thread in which she called them and then got a full settlement.

 

how does this weaken my position? :confused: i asked them if they would like to settle, however if they decline i will go all the way at court on 18th December.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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