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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Successful Claims


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I have made a claim for around £5600 including interest. I received no response to any of my letters apart from the usual dealing with your complaints thing. I made my claim through moneyclaim and subsequently received £800+ in my account as individual refunded fees. They could not say to which fees they related to but said it was a goodwill gesture.

 

Abbey have now lodged a defence and offered to settle my claim for half the amount. I'm not going to accept!

 

I'm about to send off the questionaire and wait for a court date!

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  • 1 month later...

Success - Abbey have settled. They took it almost to the very end but have finally agreed to settle at £5000 (only a couple of hundred less than the claim). Part of me wishes I had held out for the full amount, but I had always said that if the offered £5000 I would take it, which is what I did. Thanks to everyone who has helped, I couldn't have done this without you (or Martin Lewis from moneyexpert.com). THANK YOU ALL!!!!!!!!!:):D:lol::wink:

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Hi Jamesmum! I am in the process of getting my bank charges from ABBEY. I am worried and also excited about doing this. Can you just give me an overview of the timescales involved and if it is very difficult? I sent them a SAR 11 days ago and received a letted 4 days ago from the complaints dept about the complaints procedure........ and that someone will be getting dealing with my case and responding shortly. Is that normal of them or they are fobbing me off?

 

Andrew

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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This is exactly how thye were with me. I just carried on regardless. I followed the step by step guide and timescales on moneysavingexpert.com (the Martin Lewis website).

I sent my first letter to Abbey requesting statements on 22nd November 2006, and they sent my statements through on 16th December, at which point I sent them the letter asking for my charges back with interest. They replied on 3rd Jan with the standard "sorry you're not happy....blah blah blah" letter. I then sent the letter stating, I haven't received a satisfactory answer and wanted a full response within 7 days. They didn't respond in time so I started the court process using the online claim service. This is when I started to panic a bit.

I filed the claim and Abbey acknowledged the claim 24 hours before the deadline, and said they would be filing a defence. They also stated that they hadn't received copies of the bank charges and I needed to send them to them!!! At this point it was transfered to my local court in Swindon. On 14th Feb I received a letter with an outline of their "defence" and an offer of £2800. I declined this, but said I would accept an offer of £5000, but if I didn't hear from them within 7 days I would return the court allocation quesionnaire and continue with the proceedings. Needless to say I heard nothing. I completed the allocation questionnaire and returned it to the court and then sat back and waited for a court date, which eventually came through as 25th May 2007. I prepared all my court bundles, which can be downloaded from this website (thanks guys!!!!) and was about to post them off when I received a phone call from Abbey on 4th May asking if I would still accept the £5000. I had always said that if they offered £5000 I would take it, so I did.

There were times when I became very nervous about the whole thing - "what if my case ends up being the test case", "what if I get it wrong and lose the case through my own stupidity" etc.

All I can say is follow the step by step guides, and stick to the timescales, hold your nerve and you should be fine. It is pretty staright forward, especially with all the information you need being on moneyexpert.com as well as this website.

It took just under 6 months from my very first letter to the settlement date, so it's not an overnight thing, although I beleive some of the smaller claims have been settled quicker. Good luck and let me know how you get on!:)

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:) I was given a court date of May 10th and Abbey have now sent me a letter saying that "due to the quantum" of my claim and "without admitting liability" they will settle the full sum plus interest up to the date of the their letter, plus court costs. Total now paid into my bank £3993.57. I am very grateful to this brilliant site for showing me how this could be done and will now donate some money. PM
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:) I was given a court date of May 10th and Abbey have now sent me a letter saying that "due to the quantum" of my claim and "without admitting liability" they will settle the full sum plus interest up to the date of the their letter, plus court costs. Total now paid into my bank £3993.57. I am very grateful to this brilliant site for showing me how this could be done and will now donate some money. PM

 

Penny well done you!!

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Hi. Lively lad updated my title to show I won yesterday but i dont think its been moved to successes...

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87538-turn-up-books.html

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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  • 2 weeks later...

Yippee I've won against the Abbey!!!!!

 

I stayed up late last night preparing my court bundle as my hearing was on 5th June and I was due to post it today. Got a letter this morning from Abbey informing me they are settling my claim in full plus court costs and interest. I'm over the moon!!

 

Thanks to everyone on here for your support and advice!!

 

Sarah

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I have filed a bank claim against abbey and have received notification back to say that Abby have until the 30th to respond. I am so nervous, have to sort out my bundles and just dont know where to start. To those who have been paid out at this stage how late in the process did Abbey contact you to pay out?

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  • 2 weeks later...

Fantastic news today. Having submitted my court bundle to the County Court on Thursday the Abbey have today agreed to refund the full amount to me provided I cancel my claim. They must think I was born yesteday. It will be cancelled when the money is in my account !!!! Come on Shabbey you can do better than that.

 

For anyone starting a claim CAG gave me advice in the CAGchat room which unfortunately is currently closed. What a shame it isn't back yet. Anyways, there is loads of advice available on this site. I had absolutely zero knowledge of procedures before I started this claim. I can't wait to now look at my partners account. Its become a bit of a hobby.

 

Thanx again CAG and a donation will be on its way.

 

Standup4yourrights...powe r to the people. :grin:

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  • 2 weeks later...

Hello there

 

I've just registered with CAG today as have got a Notice of Directions Hearing from local court. I'm bricking it to be honest but will keep going and will check FAQs.

 

I'm praying they just send a cheque for full settlement - vagabonds!

 

Like the acroynym 'shabbey'!

 

Next in line is Nationwide.

 

I totalled it all up - my overdrafts amount to the EXACT amount of charges over the last few years ..... and I thought I was just naff with money!

 

Fingers and all bits crossed and thanks to you guys for the rays of sunshine!

 

Will keep you updated.

 

:-)

Flisspops

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Flisspops, its a matter of gathering as much info on here as possible, ensuring your paper work is in order and preparing a file for any court proceedings that may or more likely may not occur. Keep your focus on the fact that your overdraft is in fact a creation of your bank to keep you in debt and that you now have the opportunity to put the record straight and with the help of the site this is what you will achieve :lol: laughing all the way to the bank!

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Dear Tiarla

 

Thanks for your words of advice. I'm a stickler for keeping records and files so am OK there. I know they play for time and clog up the court system - something the judges are growing wise to and tired of so have a feeling they'll not show up at all.

 

Will keep site posted.

 

Regards.

 

Flisspops

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  • 3 weeks later...

Well - court date beckons at 2pm today. I have my bundle ready and will be swotting on the law and the fact that they kept me in debt. Hopefully they'll pay up on steps.

 

A donation is forthcoming to this brill CAG site.

 

Any last minute tips would be gratefully received!

 

Flisspops

 

:|

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GOOD LUCK - though if your preparation is done shouldn't be a problem. even if you were to get to state your case have no fear. The process is designed to be as user friendly as possible. Everyone gets a bit overawed but then again highly unlikely to get that far - let me know how it goes!

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  • 3 weeks later...

Hi

Never posted on site before, but have been an avid reader to help my friend claim back over £4000 of charges from Abbey. She started the process in Feb 07, using the template letters and got the usual replies from Abbey. After delays, we decided to pursue the court route, and eventually got a date for the small claims court on 27 july. Again we found the site invaluable for "court bundles" and support. All documents were sent off as requested, and delivered by hand to the Abbey head office, to avoid postal strikes, or further delays.All in all, hours and hours of hard work, and sleepless nights!

But all well worth it because a letter from Abbey yesterday;

 

"Claim settled in full"!! "Without admission of liability"!!

 

She is now awaiting payment into her account, and can then cancel the court date.

Big relief, can now breathe again!!

Must say such a big thank you to this, and other sites, for all the help without which we would not have been able to pursue the claim, and probably would have given up at the first hurdle.

Hope this inspires others to continue with their cases.

Have copies of Abbey terms and conditions if anyone can tell me where to post them, i will gladly do so

Thanks again and good luck

Tiggyboo!!

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  • 2 weeks later...

hi folks,

started a few threads but cant find most of them now, but have just recived without prejudice letter from Abbey,oops SHAAABBY Stateing

"in view of the cost to shaaaby national plc, of preparing its defence and arranging representation and without admission of any theivery blaaahdy blaahdy blah" what a cheak.:mad:

i want my costs in the preperation of my claim, so im presently reading some more threads before reply to them.8) their letter was dated 26 july sent second class and recived today 30/7/07 but i already faxed them non compliance of court directions letter, and one to the court this morning

 

my claim no is 7BO00880, Hearing date 7th August 07 the amount claimed was 1,574.50 offered 1,844.03 incl court fees and interest.

 

any comments please feel free to respond.

if any one can tell me literaly how to make a donation, and how to send details to moderators etc feeling a bit stupid now.

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Podder v Abbey

Abbey finally paid up 5 days before my court case with a letter dated one day prior to the announcement of the OFT test case GET INNNNNNNNNN THERE. TOTAL AMOUNT £2984.50.

Many thanks to all who helped and for all the information provided, there is no way on eatrh I could have done it without you all. Keep fighting the lousy thieving scoundrels. I began this process in Jan 07, followed the template letter process, to which the ultimate response from shAbbey was to defend the claim in court. Smacked em with a proper large sized court bundle and the swines had nowhere left to hide. Dont give up the fight, Podder

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hi folks,

had my hearing on the 7th august 07, was going for the wasted costs route, but as shaaaaby had already settled the claim, the judge said there was nothing they could do, i have to asume that you should include your costs in the original claim.

on top of that my car got towed away for parking on yellow line in a dead end road. So i now have another challenge with newham council and their extortion

 

any ideas please feel free to point me in the right direction!

 

didnt realise it was so easy to donate durrrh

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