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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • 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.<<**IMPORTANT**  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 CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bleebee vs HSBC


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hi! i wrote a long letter to HSBC explaining my situation and asking for considering to remove my charges or give me an overdraft facility so i would be able to be in black (I'm still paying off one misuse of my account with different bank that happened 8 years ago - and i've been "good" since, i don't have any credit cards or loans). they sent me response "NO". i've decided to use your template letter to claim for last 6 month but because i manage my account paper free, i've asked them on three separate occasions to provide me with a total of my charges and interest for last 6 month (the first request was on the 17th ! of August). Instead i've received today letter not giving me the total i've requested but conformation that they are not going to refund me any money - quoting clause 7.11 in section 2 and told me to complain to Financial Ombudsman Services.

I've used your template to claim - step 1 - and instead of the total i insisted again on providing me the total for last 6 months and demanded refund of that (unknown to me amount).

I've also ask for a paper statements for last 6 months to be send to me by post.

Do you think there is a chance of wining with them!??

despaired Anna

:rolleyes:
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Best advice is to follow the step-by-step guide in the FAQs, and start by making a written request for all your notes and transaction history. Do not limit this request to six years, ask for it all. They will probably respond that they only have six years, and will send this anyway.

 

Next step is the preliminary request, asking for it all back. Last bit of advice - ignore anything they say to you unless it is a serious offer to settle your claim. It is your claim, and your timetable - they will prevaricate and try to put obstacles in your way. Don't let them. Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for your advice, i'll do that. have you meant 6 years or 6 months? i've requested 6 months - do you think i should go back? i've been with them for about 14 years.

Thanks again, your respond lifted my spirits a bit.

best regards Anna

:rolleyes:
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Ask for EVERYTHING they hold on you - a Full Disclosure Subject Access Request. This includes notes, transaction histories, evidence of manual intervention - the lot. By law they are obliged to provide everything they hold on you that is relevant to you (so they may not give details about a joint account for example...)

 

They will tell you, for certain, that all details older than six years will have been destroyed. Clearly this destruction is a processing of your data, and as such they should provide evidence and notes of this also.

 

The reality is that you will get six years worth of statements, little to no notes, and not much else. Don't forget to include the statutory maximum £10 administration fee with your request.

  • Confused 1

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi! i just thought i start new tread to keep all updates of my fight easier to follow.

1. i've wrote a pleading (pre consumeractiongroup forum) letter begging for some sort of understanding, help etc.- I'm finishing my PhD, worked all my life but due to bad credit history (from 7 years ago! - one still outstanding debt, I'm paying off regularly - only £200 left) no chance for a credit, or overdraft and additional charges that i got - because i had to go abroad for the funeral simply buried me. All i got was another kick below the belt.

2. EUREKA! discovery of consumeractiongroup forum. requested total of charges for last 6 month (i thought it was 6 months not years!) and after 2 weeks of waiting and additional 2 request i got a letter quoting Close7.11 section 2

3. Got excellent advice from Phoenix and requested a Full Disclosure Subject Access and send template letter asking for the repayment under s.7 and 13 of the Data Protection Act 1998 plus my costs.

 

 

how long they are allowed to take to produce Full Disclosure Subject Access?

wish me luck. since i've started, i feel they are really on my case but i'm not going to give up. i was trying to be friendly and open and all i wanted was to be understending in time of my diffficulties and it got me nowhere !

 

all the best to everyone and thanks for all the help and moral support

:rolleyes:
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Hi! i just thought i start new tread to keep all updates of my fight easier to follow.

1. i've wrote a pleading (pre consumeractiongroup forum) letter begging for some sort of understanding, help etc.- I'm finishing my PhD, worked all my life but due to bad credit history (from 7 years ago! - one still outstanding debt, I'm paying off regularly - only £200 left) no chance for a credit, or overdraft and additional charges that i got - because i had to go abroad for the funeral simply buried me. All i got was another kick below the belt.

2. EUREKA! discovery of consumeractiongroup forum. requested total of charges for last 6 month (i thought it was 6 months not years!) and after 2 weeks of waiting and additional 2 request i got a letter quoting Close7.11 section 2

3. Got excellent advice from Phoenix and requested a Full Disclosure Subject Access and send template letter asking for the repayment under s.7 and 13 of the Data Protection Act 1998 plus my costs.

4. Got a response that their charges are fair and legal and my "comments" were passed to the relevant department (1.09.06)

 

 

how long they are allowed to take to produce Full Disclosure Subject Access?

wish me luck. since i've started, i feel they are really on my case but i'm not going to give up. i was trying to be friendly and open and all i wanted was to be understending in time of my diffficulties and it got me nowhere !

 

all the best to everyone and thanks for all the help and moral support

:rolleyes:
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Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i am on this road too so will follow this with interest ( altho not pentalty charges LOL) sorry!

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

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i was trying to be friendly and open and all i wanted was to be understending in time of my diffficulties and it got me nowhere
LOL - you need to deal with them in the only language they understand - the courts...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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you are right radiodan, 40 days it is (sorry blee, I missed the question!)

I might just be getting the hang of this after all then :D

I read about your little battle last night Crusher, very interesting, I think I will be removing the confidentiality agreement when I take my payment as well.

Currently taking action against the HSBC for £2465

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  • 1 month later...

i've send my LBA and I'm quite anxious what's going to happen. i was wondering how many of you got money without the court and how many had to go for it. i know it doesn't mean anything for me but i'll make me feel better - i hope.

all the best to all still fighting and congratulation to all those who wan!

:rolleyes:
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i've send my LBA and I'm quite anxious what's going to happen. i was wondering how many of you got money without the court and how many had to go for it. i know it doesn't mean anything for me but i'll make me feel better - i hope.

all the best to all still fighting and congratulation to all those who wan!

 

 

Six cases for me 2 went to MCOL none went all the way.

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I got a full refund after the LBA - they initially offered me 90% of my claim, but when I refused it they offered me the full 100% back so I didn't even have to do the MCOL. Am now claiming for the joint account so that may be a different story!

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They dragged their heels on everything for me. No responses at all for any letters. Went to court and they defended which gave them even more time and then issued a defence at the same time as offering full refund.

I started my claim end of June and it has just been finalised now. Think it is luck of the draw to be honest.

Sarah

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Hi Sarah,

 

What was the basis of their defence ? :)

 

I've just submitted my Prelim, LBA waiting to go for £3,200+ getting more paranoid by the day that I'll be the 'first one' who ends up on the front page of the Sun and a slot on Richard and Judy show !!!! :eek:

 

Good luck, Steve x

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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Hi Steve

Here is the letter they sent me:

It lists 3 points:

1. The claimants accounts are governed by the defendants personal and / or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

3. It is denied that the fees charged for the services provided amount to a penalty or (if it alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service provided by the claimant.

Hope this makes sense to you cos it doesnt to me! Lol.

Sarah

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im suing as they seem to have forgotten to reply to my Prelim and LBA. they should be served papers by today and i will hear formthe courts before i hear form them no doubt.

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

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Hi Steve

Here is the letter they sent me:

It lists 3 points:

1. The claimants accounts are governed by the defendants personal and / or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

3. It is denied that the fees charged for the services provided amount to a penalty or (if it alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service provided by the claimant.

Hope this makes sense to you cos it doesnt to me! Lol.

Sarah

Hi Sarah,

Looks like they are trying to delay - couple of thoughts !

 

The claimants accounts are governed by the defendants personal and / or business banking terms and conditions.As long as they are lawful !

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.Yes as long as it is deemed fair and reasonible given the actual cost(s) incurred by the defendant

3. It is denied that the fees charged for the services provided amount to a penalty or (if it alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service provided by the claimant.Oh NO there not agreed, when did the claimant 'agree' these, also how can it be anything other than a 'penalty' as it is in excess of the actual costs incurred for administering the account.

These are only my thoughts obviously, but based on all the blurb I have gleaned from in here I am confident that they are sound 'thoughts'

Good luck, don't give up, don't be swayed or feel intimidated by the bank, there is stacks of info in here

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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;) That's great then - I hope you cashed it at another back LOL

I'm still patiently sitting out the first 14 days from my prelim, LBA typed and ready to go - HSBC bring it on !! :cool:

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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