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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case  when he penalty charge is accepted.
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    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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Steve v Natwest


steve levy
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because no one has posted on it for the last 6431 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Hi all.

I have been involved for some time now in trying to reclaim my charges and have so far gone through the letter stages.

Nat West have offered me £268 for a claim of approx £3,000.

I went onto money claim a couple of weeks ago and submitted my claim to the courts.

Nat West have responded to the summons by stating that they intend to defend the case.

I now wait for the defence statement from them.

Must be honest feeling a bit like a fish out of water here, but determined to stick with it as they seem to be taking this all the way.

 

Steve

Hants

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Must be honest feeling a bit like a fish out of water here, but determined to stick with it as they seem to be taking this all the way.

 

I think most of us felt the same way at first. It was something I'd never done before and was convinced something would go wrong. BUT IT DIDN'T. And it won't go wrong for you either - eventually you will get your money back.

 

And then you will have a taste for it and be wanting to claim back every penny from every card, every bank account, your friend's bank account, your mother's credit card ..... there's no end to it!

 

Good luck.

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I think most of us felt the same way at first. It was something I'd never done before and was convinced something would go wrong. BUT IT DIDN'T. And it won't go wrong for you either - eventually you will get your money back.

 

And then you will have a taste for it and be wanting to claim back every penny from every card, every bank account, your friend's bank account, your mother's credit card ..... there's no end to it!

 

Good luck.

 

Yes it is a very addictive process, and the site is as well

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 4 weeks later...

Hi all . i have posted info but now can't seem to find it and i could do with some advice please.

I have asked for over £3000 to be repaid and so far they have offered me £268 as a goodwill payment. I haven't taken any money and after several letters i applied to the courts through online Moneyclaim.

 

Two days ago, on the 28th day , before judgement by default could be registered, i received a defence statement, and a request for further info.

I can now see that i may not have completed the claim form correctly.

There are some simple details which i can complete with no problems, however i have a few questions that i need help with.

 

They have asked for the following and i'll write what is written word for word.

 

1. in your claim you state " i claim a full refund of charges which you levied from my account".

2. please provide the following particulars in support of your claim:

 

2.1 To what account(S) ( Giving details of name account and sort code)

were the charges applied.

 

2.2 In relation to each charge alleged to have been overcharged please

identify (a) the date the charge was charged: (b) the amount of the

same: and © the reason(s) given for the charging of the same.

IUNDERSTAND ALL OF THE ABOVE AND HAVE NO PROBLEM WITH THIS.:-)

 

2.3 In relation to each charge the fee identified in response to 2.2 above,

please clarify the following: (a) is it the case of the claimant the same

should not have been charged? (b) if yes; please explain why the

claimant contends that the same should not have been charged? ©

if no; is it the case that the claimant should not have been charged

in this amount? (d) if yes; please explain why the claimant contends

that the same should not have been charged in this amount and

identify the sum the claimant contends should have been charged.

(e) if no; please state the claimants case.

 

3 In your claim you state that the charges are " unlawful at common law statute and recent consumer regulations".

 

4 Please specify all ofthe facts relied on by the claimant in support of

the contentions in paragraph 3 above, and in particular please

identify (a) the particulat statute and/or regulations the claimant

refers to; (b) the sections and/or regulations of each statute/regulation

refered to; and © the principles of common law relied upon by the

claimant in alleging that the charges are unlawful.

 

THE ABOVE POINTS 2.3 AND 4 I HAVE TO ASK FOR HELP WITH AS NOT SURE

 

Since getting this reply i now have had the questionnair sent through by the courts. do i fill this in and send it back straight away? also should i ask for a delay in order to give them more time to settle?

 

As yu can see i'm in a bit of bother with this and would be most grateful if anyone can assist me.:confused: :confused: :confused:

 

Thank you all so much for your help so far.

 

steve

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This is Cobbetts latest scare tactic

 

As the claim, strictly speaking, has not yet been allocated, they can make a CPR Part 18 request, so you must respond. You must also send a copy of their request and your reply to the court. You can, if you wish, respond in full to their request. Alternatively:

 

Dear Sir or Madam:

 

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I would like to advise you that I am a litigant in person in this matter, and so do not feel that I am adequately qualified to understand or respond to the points you raise in your letter. Consequently, I have decided that I will await the hearing on xx/xx/xx, at which I will ask the judge for guidance on the best way

to respond to you.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

 

Account Name: XXXXX

Account numbers: XXXXX

Sort Code XXXXX

Amount XXXXX

 

Yours sincerely

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thank you for the advice.

i wonder what i should do if my claim amount is different from the amount originally claimed for on the summons.

i see from the defence statement that they say i am time barred from claiming prior to a certain date. I had originally claimed for a few months prior and will need to prepare a revised list of charges. would this revised list forwarded to all parties with an explaritory note in the reply be satisfactory?

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hi all i have claimed from may 2000, but in a defence statement it says im time barred from claiming prior to august 2000.

This now means that the amount i had applied for is different from the amount that cobbets say i should be claiming from.

Can i just do another list of fee with the revised dates and send copies to cobbets and the court?

Or is there something else i should do. It's a difference of about £700 less for me to claim.

regards

shaky

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  • 2 weeks later...

Hi all completed further info as requested , and sent copies to the courts and Cobbetts.

A reply this morning from Cobbetts is now offering me £1,300 . It is my intention to refuse this and continue with the claim through the courts.

I hope that this is the right choice.

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