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    • Shall I send their witness statement to you?    I'm very flattered by what you say, I've no legal experience at all, I researched the Internet and just spoke the truth.    You've made me feel very confident, thank you! 
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    • This is submitted by My Father with my full permission     Diary of Sweden 2019 to date Last update 23/06/2021   Document list: Letter from Transport Styrelsen 290519 Letter to Transport Styrelsen 141220 Certificate from Kronofogden sent 150520 received 130221 Essex magistrates letter 120221 Documents received 130221 in Swedish Letter from Kronofogden sent 150520 received 130221 Letter from Kronofogden 150321 Letter with new hearing date 060421 Notes on appearing in court Swedish translation   Data between inverted commas is file name   15th May 2019 I was stopped at the border having arrived from Denmark. I was several hours behind other drivers in our convoy of articulated trucks You need to add what happened to you include tests and results where you were taken how long held what they did with truck including damage when they moved it. Did they speak to you in English at all times, was their English understandable, was any paperwork translated into an English hard copy, were you given option of having English translations When were you released including taking you licence away. Did they offer any assistance? Were you offered the assistance of a legal representative and legal aid.     The only part in the English Language is “Letter from Transport Styrelsen 290519” and that was about 5 lines on the second page saying I could send a statement to not lose my driving licence rights in Sweden All other paperwork sent to Chelmsford address is in Swedish only so no idea what the charges were and I was not at any stage offered the services of a translator. The “Essex magistrates letter of 120221” point 6 says I was offered the chance of a reply. That was only true if I could speak Swedish. I have tried running all the paperwork sent to me through a translator and it makes no sense whatever.   The statement they have sent to court Documents received 130221 in Swedish are wrong, I was not given the right to reply, just said I could make a statement about retaining my right to drive in Sweden. This was the only opportunity I had to defend myself. In the “Letter from Kronofogden sent 150520 received 130221” sent with the Essex Magistrates letters was dated 15/05/2020 is that now out of date for action, also that’s in English so there is no excuse for other documentation not to be in English Kronofogden states that no letters were returned to them, this is not true as my father sent at least two of them back as Not at this address as I have moved twice since this incident In the “Certificate from Kronofogden sent 150520 received 130221” it states I was Drunk driving, that is not true as I was breathalysed and that read completely clean, I was not given results of blood and urine tests. The Certificate does not split up the fines for the two offences, only the fine and the Sum of money to the Public Fund. On the European framework list that was sent to me in document "Essex magistrates letter 120221" and also the Certificate the only offence was 34. Smuggling of goods. Drunk driving was not one of the offences to be included on the list, therefore I should not have to pay the full amount and as the amounts only show total for fines and not each offence separately I should not have to pay total amount I should only pay the fine for the offence of smuggling. As they have not itemised fines then this should be dismissed. If not please ask for time to pay after looking at my financial statement.   11th May 2021 Attended magistrates court with my father who had much of the information and understanding of the correspondence. He was stopped at the entrance and refused entry, they then ushered me in straight up to wait outside the courtroom so I could not get the information from my Father. This was stated as Covid rules; the legal people arrived and just walked through with no questions asked. One Paralegal (who happened to be black) was stopped and refused entry even though she arrived with her client, there was a huge argument and the Court manager was requested by the paralegal. This is not the way to give justice to people. In the “Certificate from Kronofogden sent 150520 received 130221” it states I was Drunk driving, that is not true as I was breathalysed and that read completely clean, I was not given results of blood and urine tests. The Certificate does not split up the fines for the two offences, only the fine and the Sum of money to the Public Fund. On the European framework list that was sent to me in document "Essex magistrates letter 120221" and also the Certificate the only offence was 34. Smuggling of goods. Drunk driving was not one of the offences to be included on the list, therefore I should not have to pay the full amount and as the amounts only show total for fines and not each offence separately I should not have to pay total amount I should only pay the fine for the offence of smuggling. As they have not itemised fines then this should be dismissed. The Magistrate stated that they were not concerned with original case where the fine was given only this one, so judgement was given against me. They said the judgement would be sent to me   To present: I have up to present not received a copy of the judgement I have had three copies of further action sent to me, one at my old address and when I informed them again (as I did in court} they sent another two copies of the further action letter to me.    
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Received the second letter?!


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I have received the second letter having stated that I will file a claim if not met with a satisfactory response etc....

 

The letter says "No refund", but if you are not happy write to financial Omnibusman....you have 56 days or file will be closed"

 

I then receive third letter. "Your complaint has gone to Member Relations Manager who has 8 weeks to deal with complaint, you will have the findings of the investigation by 15th September".

 

What should I do next? Should I wait for findings or conitnue with the online claim application?

 

Need help, thanks.

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Pursue the time frame dictated by your letters.

 

If you have issued a prelim letter then 14 days later sned your lba, then another 14 days and file a claim.

 

 

If you delay they rely on that and will continue to fob you off one way or another. foolow through with your process and claim imho.

 

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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Do exactly has Glenn said, the time frames given (by you) are reasonable, you will get your money quicker if you stick to YOUR timeable. If we waited for the bank we would still be waiting for our money and we have had two settled in the past week :)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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You need to calculate the interest from the very first charge you had. Are you using the CAG spreadsheet? as it calculates out the interest for you.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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The wording of your moneyclaim should read something like this....

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the CountyCourts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

 

____________________

 

I have highlighted the interest paid, I hope that helps

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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The daily rate will be your claim (before interest) x .00022

 

So if your claim is £1,399 your daily rate will be 31p

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Thank you thank you. I really do appreciate your help.

 

No problem at all, if I can help one person on here get their charges back my time on here will be very well spent ;)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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aww that is a very kind thing to say :) It is just really nice to give some support back to some of the new members, I had a lot of support and advice when I was first putting in my claims. This site and its long standing members make what could be a very daunting process much much easier. It really is good to see the members (some of whom have suffered terribly at the hands of the banks) get their confidence up to get their money back.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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