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    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • 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 then 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. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  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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was a long while ago and i have done several more claims since then but i think i called them and they said 9.9%- think others have also used that rate

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 3 weeks later...

rang the court and was advised to put the progress in a letter to send to court as the new hearing date is 23rd April: The letter doesnt sound very legal but will it be acceptable- help appreciated

---------------------------------------------------------------------

Sarah V Abbey National Claim no 6NR04162

This claim was adjourned whilst Christine Cody at Abbey negotiated with me to settle out of court. We reached an agreement (letter attached) of £4500. £2966.45 was retained by them to repay the amount owed to abbey and a cheque was sent to me for £1533.55. This cheque was made payable to my father as Abbey had closed my account and I had no other at that time.

 

However I am still being chased by Abbeys debt collection agencies Moorcroft Debt Recovery Ltd and Midas Legal Services (letters attached) who say the debt is still outstanding and will be instructing their solicitors to commence legal proceedings against me. I tried to contact Christine Cody but received this automated reply

 

am no longer working for Abbey National PLC and I would suggest that any emails sent to this inbox be resent to [email protected]

If you need to speak to someone urgently, please email [email protected] or [email protected], or call James on 02077564306.

 

I have emailed many times with no reply, called countless times but have not been able to speak to anyone except voicemail of which my message is never returned. Also wrote a letter to which I received no reply.

 

I would like abbey to inform their debt collectors that this debt has been settled and I would like confirmation of this. I would like the default placed on the various credit registers removed as this is a result of the banks charges.

--------------------------------------------------------------

will it do?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Hi,sarah

Please Get In Touch With Abbey Debth Recovery Department By Tel. Abbey Coustomer Service And Ask Them To Clearify That If They Have Recieved The Outstanding B/l From Bank Charges Department As The Are The People Who Are Suppose To Pass The B/l To D/c And Also Fax Moorcroft The Copy Of The Statement Of Settlements Schdule You Recieved From Shabbey As A Full Settlement Figure. As My Self Shabbey Deducted The Sum Outstanding Of My Debth With Weascot From My Settlement Amount I Then Did The Above Yesterday. Hope This Help.

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thanks for the reply- think i will go ahead and send the letter as there is still the matter of the default being removed.

 

Will update as i have info

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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thanks for the reply- think i will go ahead and send the letter as there is still the matter of the default being removed.

 

Will update as i have info

 

Sarah,

Did you have Removal of Default as part of you claim to court? (sorry, not read your whole thread:) )

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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yes i did

Ok.

In the Settlement Letter from Christine, and in any subsequent letters of settlement from James, is the Removal of Default mentioned as part of your settlement?

 

If it is, great...

 

If not, have you signed an acceptance of settlement offer letter, and if you have, did it have the Default Removal on it?

 

....

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Ok.

In the Settlement Letter from Christine, and in any subsequent letters of settlement from James, is the Removal of Default mentioned as part of your settlement?

 

If it is, great...

 

If not, have you signed an acceptance of settlement offer letter, and if you have, did it have the Default Removal on it?

 

....

 

no reference on letter from christine of default - sent one back signed and ammended to include default. no contact whatever from james.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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waiting with baited breath for your next post as moorcroft collection agency have again been hassling me- i just dont need it. will call abbey debt number tomorrow but just know that they wont be able to remove the default- theres always a reason with them. thanks everyone whos helped me- where would i be....!!!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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waiting with baited breath for your next post as moorcroft collection agency have again been hassling me- i just dont need it. will call abbey debt number tomorrow but just know that they wont be able to remove the default- theres always a reason with them. thanks everyone whos helped me- where would i be....!!!

 

Sarah,

Don`t give up on having the default removed, they can remove them:o

 

Last week I was just checking online and found that my Default from Abbey had been removed, and they hadn`t even told me.

 

Check online at Experien daily as you may be suprised to see it just disapear like mine did.

 

As for the problems with the DCA, I would phone James and tell him that unless you get confirmation in writting from him by the end of the day you will be returning to court as your claim was for Refund etc plus Default Removal and therefore as they have not taken the action that Christine had agreed too on their behalf, you will be asking the judge to set a new court date for a full hearing.

 

Tell James that the CRA harrassing you is causing you Stress, and that if it is not resolved immediately you will also be seeking compensation for the stress that their inability to deal with the issue has caused you.

James may say that a Court would not award you compensation, and they may not, but Abbey will!

 

You have the upper hand with this, they are in the wrong and need to sort it out to Your satisfaction.

James is a good understanding guy, and aslong as you explain in detail to him the stress that is being caused, he will get it sorted for you.

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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thanks ever so much- will follow that advice tomorrow and will update as soon as i have. Thanks again:)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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registered with experien just waiting to receive pin thru post- then will check thru it.

Called james but as usual got voicemail, have lost count of how many messages i have left that have not been returned but left another anyway asking him to call me desperatly please!

 

will try again tomoorw if i've still not heard then will have to send the letter to the court as the hearing is already booked 23/apr.

watch this space

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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James will not return my calls or emails- he is rude! been online with experien- abbey debt on there is marked as settled but still shows as an 8 - this means it hasnt been removed at all. Have to go to the court today to pay my admin order so will take the letter (below) in person. will update when i have news:sad:

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 2 weeks later...

no news (but thought i'd post anyway!) since i took the letter to court. back to waiting .....

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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no news (but thought i'd post anyway!) since i took the letter to court. back to waiting .....

 

Sarah,

What did you put in the letter?

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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it went something like this :

 

Sarah V Abbey National Claim no 6NR04162

This claim was adjourned whilst Christine Cody at Abbey negotiated with me to settle out of court. We reached an agreement (letter attached) of £4500. £2966.45 was retained by them to repay the amount owed to abbey and a cheque was sent to me for £1533.55. This cheque was made payable to my father as Abbey had closed my account and I had no other at that time.

 

However I am still being chased by Abbeys debt collection agencies Moorcroft Debt Recovery Ltd and Midas Legal Services (letters attached) who say the debt is still outstanding and will be instructing their solicitors to commence legal proceedings against me. I tried to contact Christine Cody but received this automated reply

 

am no longer working for Abbey National PLC and I would suggest that any emails sent to this inbox be resent to [email protected]

If you need to speak to someone urgently, please email [email protected] or [email protected], or call James on 02077564306.

 

I have emailed many times with no reply, called countless times but have not been able to speak to anyone except voicemail of which my message is never returned. Also wrote a letter to which I received no reply.

 

I would like abbey to inform their debt collectors that this debt has been settled and I would like confirmation of this. I would like the default placed on the various credit registers removed as this is a result of the banks charges.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Hi Sarah, Congratulations with your win against Abbey. I am sure there is a letter in the template liabrary you can send to Abbey.Moorcroft about the harrassment. You should send it by recorded delivery, and to moorcroft send them also a copy of the letter from Abbey, showing that they should of by now settled the claim with them. I am sure they are breaking the banking code by pursueing you for payment which they already have already settled. I am not an expert on this but I am sure that I have read about this on other threads.

Regards

DS

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thanks for your help but i also want to the default removed from experien etc. if abbey would talk to me maybe we could get this resolved but as they wont- court seems to be the language they understand 24th april i think!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Sarah,

Sorry if I`m going over old ground here, but -

 

Is your court date in April a hearing to discuss Default Removal?

ie; does your POC contain as one of the requirements in your claim The Removal of Default Notices registered at All Credit Reference Agencies.

 

Or, are you relying on your ammended letter of settlement returned to Abbey with the default removal requested on it, and if so, did you keep a copy of the ammended aceptance?

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Sarah,

Sorry if I`m going over old ground here, but -

 

Is your court date in April a hearing to discuss Default Removal?

ie; does your POC contain as one of the requirements in your claim The Removal of Default Notices registered at All Credit Reference Agencies.

 

Or, are you relying on your ammended letter of settlement returned to Abbey with the default removal requested on it, and if so, did you keep a copy of the ammended aceptance?

 

my hearing is the date of the original hearing which was adjourned whilst they negiotated with me.

Removal of default is on my orginal poc and mentioned in the letter i sent last week.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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my hearing is the date of the original hearing which was adjourned whilst they negiotated with me.

Removal of default is on my orginal poc and mentioned in the letter i sent last week.

 

Excellent, that clears that up.

 

I would continue to try and get in contact with James Arrandale, don`t bother leaving voicemails for him if you don`t get through, as firstly, he never responds to voicemails, and secondly, it may come across as a bit desperate and that your scared to go to court etc.

When you do eventually get through to him he will sort out the settlement for you and get the default removed, its just that he is Snowed Under at the moment with so many court actions being taken out against Abbey (Can`t for the life of me think why:D )

 

Stick with it, you`ll get there in the end, and don`t forget to mention the `Stress` of being chased by the DCA when you get through to him, tell him if he does`nt get it dealt with as a matter of urgency you will submit an ammended POC to the court for compensation (they paid me £5k compensation out of court, they know the courts will pay it out if it ever got that far)

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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thanks so much for your advice- i will keep trying him. Compensation would be excellent! i'll keep you posted.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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