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    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
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i am asking for it back...


nutgatherer
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hello all

 

have received statements from barclays - all six years complete and fairly hassle free (a little late...and they sent my cheque back: aren't they nice?!)

 

have used the excellent spreadsheet template to calculate the penalties and the interest charged on the penalties and am looking to send it off with a letter asking for it back...one problem: the spreadsheet hasn't come up with a figure for the interest on the penalties (not the calculation of the 8% interest - i am waiting to see if they force me to do 'em through the courts before i add that to my demand)

 

has anyone else had the same problem? can anyone help or does anyone know the maths to calculate the interest?

 

cheers and keep on buggin them

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oops! just sorted out interest calculations...you have to put minus or plus sign BEFORE actual figure...durrr!!

 

got there in the end

 

huzzah for vampiresss!!

 

PS.made a few mistakes (ie. missing penalties etc.) and not sure if adding rows at a later date messes up the figures - everything went a bit weird and there are numbers missing in the furthest right column (interest on penalties)

 

pray tell

 

gotta get some sleep...night all

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that's the 8% interest right?

 

i am talking about the interest on penalties: the right hand column on the first page of the spreadsheet template;

 

i realise that the 8% interest charges only apply once i go to the courts, but am i right in thinking that the interest charged on my penalty charges (with regards to being overdrawn) are reclaimable along with the penalty charges?

 

In other words, these are the interest charges that appear on my statements

 

i haven't sent it off yet so if you have an idea give us a shout...

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  • 4 weeks later...

hello all

 

have been away for a few weeks but have some updates for ya...letter sent on 16 aug along with spreadsheet to barclays asking for unfair charges back

 

they replied on 21 aug with a personalised (!) letter that alludes to " resolving my complaint" and that they are going to contact me again by the 15th september, and that in the meantime i should read the enclosed leaflet entitled 'don't hold back your feedback - what to do if you want to complain'

 

SO...i've decided NOT to hold back my feedback and i'm sending them a letter before action, repeating the particulars of my claim and re-sending the spreadsheet, giving them 14 days before i begin proceedings (if needs be)

 

except this time i have a name to send it to...

 

wish me luck

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jusy received reply to second letter before action which basically points me in the direction of the terms and conditions that the bank laid out in the first place, and which i agreed to by signing for the account...which leads them on to say that they are not willing to refund the charges that i incurred

 

they suggest i contact the Financial Ombudsman Service if i am dissatisfied with their decision...

 

so, is this it? do i take them to court? i always had faith in the guidelines laid out on this site - amongst others - but the above point that the bank has made has always been a bit of a niggle...i mean, at the time, i did sign a contract with them, essentially agreeing to their terms (including their regime of charges) so, if i am right in thinking, it is because the OFT declared these charges as disproportionate that i have some sort of strength to my claim right?

 

i think i always thought that this whole debacle would be settled before court, but now i realise that i have to make a decision...and i say that i AM willing to take it through the courts as i have come this far, but whoa! the whole saga suddenly feels very REAL

 

gulp! well, my court claim date is for the 20th sept so here goes

 

cheers guys

 

THANKS SO MUCH FOR THE INFO - IT'S BEEN SO HELPFUL AND REASSURING

 

HERE'S TO 5% COMING YOUR WAY ONCE THE BATTLE IS WON!!!

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It sounds like a good argument doesn't it? But just having these charges covered by their terms and conditions to which all customers have to agree, does not make them legal or enforceable at law. That's the whole point of our case against the banks.

 

From the suggested court claim wording;

"The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15."

 

So there; "unenforceable", "invalid", "unfair" and "unreasonable". And that's the way the court will see it.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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am with you novictim...have read and re-read the letter - which sounds thinner every time - and looked into a few things and i am ready to stake the bat through the heart...!

 

cheers for the note and keep us updated with YOUR staking!!

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so have just completed my form for moneyclaim online and sent it all orf with court fee etc.

 

just got to wait for response...

 

may the profiteroles win

 

best of luck to you all...

 

one thing: have added figure of 8% interest on charges etc. but in particulars of claim it asks for daily rate from issue to date to judgement. Now, after reading notes on this site and through moneyclaim i simply divided 8 by 365 to obtain a daily rate, is this correct? or is it the total interest figure multiplied by 8 and then divided by 365? wasn't so sure...can anyone help?

 

cheers folks

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The 8% works (as I understand it) like this:

 

Once your complaint gets to the court claim stage, you add interest to each charge imposed on your account at the rate of 8% per annum. This is worked out as; the amount of the charge, multiplied by the number of days between the charge being applied and your claim date, multiplied by 0.00022 (the daily equivalent of 8% per annum). There is a spread sheet in the site library that works this out for you.

 

Add all that up, and it gives you the total amount of interest as at the date you put your claim into the court system.

 

Finally, take the total before interest, and multiply the total by 0.00022. That gives you a small amount (22 pence for each £1,000), which is the "daily rate", the amount by which your grand total settlement figure increases each day from the claim date onwards.

 

Hope that helps.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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"Finally, take the total before interest, and multiply the total by 0.00022. That gives you a small amount (22 pence for each £1,000), which is the 'daily rate', the amount by which your grand total settlement figure increases each day from the claim date onwards"

 

cheers victim - that was the bit that i couldn't quite get me head round but what you have written clears it up!!

 

thanks for the help

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  • 2 weeks later...

court have sent me form that states that barclays are acknowledging my service and have 28 days to file a defence...

 

am well up for a scrap and am quite interested in hearing what they have to say about all this...

 

we will see just WHO is on the righteous path - all these years of pandering to their demands and falling for their dupes - this one ain't gonna roll over any more

 

WOO HOO!!

 

lets go!!!

 

cheers guys

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I'M at exactly the same stage as you old thing. Barclays have acknowledged right at the last minute. So, they want to play brinkmanship, I'm their man !!!! LOL. Will give it a couple of weeks and wait for the phonecall from Barclays ! Any conversation I have with them, I will post transcript on my thread "The Druid V Barclays". All those of a weak disposition should not read the transcripts, you'll seriously injure yourselves when your sides split with laughter !!!

All the best NG

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Any conversation I have with them, I will post transcript on my thread "The Druid V Barclays".

 

don't forget to record your phonecalls with 'em - will possibly come in handy if you end up in court...?!

 

going to keep an eye on your thread old boy..

 

all the best

 

nutter

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their 28 days are up on the 17th oct by which time i will have devoured the small claims self help kit that is advertised to my left and hopefully be ready to throw their "defence" back in their faces, or trot down to my new (but not better) bank to cash a fat cheque, or contact the courts with regards to entering some sort of judgement against 'em...and sending the bailiffs in!!

 

my man at barclays is called adrain ruffhead (position: a menancing-sounding Legal Executive)

 

so, hoping the next contact from them will be a positive one...as time goes by and i learn more and more about this situation (through my own understanding and via this brilliant site) the confidence grows inside me, increasing the desire to obtain justice back from the banks grubby paws; i truly see through all their very thinly veiled lies...

 

so, good luck to you all, keep me posted with your progress and we may see them in court soon!!!

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  • 3 weeks later...

hi all

 

called court today and barclays filed their defence at the very last minute - ohhh! they're such action heroes - real edge-of-your-seat stuff...!

 

looks like the standard response as it's practically the same as everyone elses defence that i have seen around and about this marvellous site; my man is adrian ruffhead (legal executive) - anyone else had any dealings with him? I'd be interested to know...

 

So, onto the allocation questionnaire - and another 100 pennies, well worth it but testing my (newly reformed, honest) financial managings and then wait for the court date

 

thanks all, best of luck to those that are in similar situations - particularly the druid and victimnomore, and thanks again for all the help and advice provided by this site - expect some redbacks when i get 'em...

 

any advice other than what is in the templates library on defence homework appreciated...

 

LOL

 

nutter

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  • 1 month later...

hey diddly

 

received my notice of allocation to a small claims hearing today, to take place at my local court (brighton) at 11am on 28 february 2007

 

so, my slovenly adversary - this is it! i am ready and more than willing - let me at ya!!

 

£2626.21 is total figure to date, with the daily interest piling up

 

am collataing and pouring over my defence points and am feelling good and strong (have been eating plenty of spinach and herring)

 

the more i look around this site the more and more i feel clear and confident - i wish i had asked for standard disclosure in my allocation mind, but it has all fallen into place

 

so to all you moderators and well seasoned battlers THANKS A MILLION

(WELL, A FEW THOUSAND AT LEAST)

and to all you newbies

 

BELIEVE IN YOUR CAUSE - THE MONEY IS YOURS AFTER ALL

 

to go through an experience like this and to come out on top is an incredibly valuable lesson in this corporate climate that relies on you - the customer (or service user or whatever - number!?) but brazenly dupes you at every turn

 

GO GET EM!!

 

cheers folks - thanks for the supprt and resources

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