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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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Gingi1 v First Direct


Gingi1
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Hi All!

 

Well, I have received my statements and am in the process of calculating my claim.

 

Next I shall send my letter and the spreadsheet, but I am just wondering where to find the spreadsheet (:confused:) I am having a blond day :) any help appreciated.

 

Gingi1

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If I've helped, please tick the scales at the bottom left of this message!

 

17th Sept: Found this site! :)

 

Lloyds TSB

 

22 Sept: Subject Access Req.

3 Nov: statements arrived. Charges calulated at:

A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)

A/c 2 - £206.11 + int of £211.07 (18.4%)

7 Nov - prelim.

3 Dec - LBA

13 Dec - £750 offered

23 Dec - £750 credited

28 Dec - rejection letter

2 March - issued

16 April - complained at court failure to forward defence

 

Halifax

 

22nd September: Subject Access Request.

4th November: No reply so LBA giving 7 days.

 

Cap One

 

22nd September: Subject Access Req.

5th October: Letter saying no record of account!

15th October: Replied telling them to try harder...

22nd October: Subject Access Req acknowledged.

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  • 2 weeks later...

Sent my claim and spreadsheet on 10th October. Received a letter today stating that they are willing to pay £900 (I have claimed £1700).

 

Is there a specific letter to send now, or shall I just write accepting the £900 as part payment and notify them that I will be pursuing the rest through the courts?

 

Any advice welcomed :)

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Help! I am all confused, just typing out the rejection letter, but it states that I will accept the offer as part payment and will pursue the balance and they have until the date sent in the LBA letter to respond, but I haven't sent the LBA letter, I have only sent the first letter with a copy of the schedule of charges and they have made me an offer. What now?

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Accept the offer as partial settlement, wait until the 14 days has elapsed from when you sent your firsty letter then on the 15th day send the LBA.

Dont let them dictate the timetable, from now on they follow your lead.

I love the smell of banks coughing up refunds early in the morning

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  • 2 weeks later...

Hi there.

 

Did you get a reply to your refusal letter yet? Just got a full offer after refusing the initial amt in full settlement last week. Have sent acceptance today and will now have to wait for it to hit my account (hopefully soon!)

 

If you are still waiting, hang in there - you have the right to all your money and they will give it to you in the end!! :-):p

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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I always thought that if you send a prelim letter and don't get a satisfactory responce i.e. your full claim offered back, then you go straight to LBA regardless of whether they replied after 1 day or on the 14th day. What I mean is, you don't have to wait 14 days if they reply to you before the 14 days is up, they have a max of 14 days to reply but if they reply sooner you can send your next letter straight away.

 

Did that make sense???

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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As far as I understood it, having given 14 days in the preliminary letter, this dictates the timetable for the LBA - it is possible, albeit not likely, that they might make further contact within that time frame and shows you have given them every chance if you have to take your claim to court. My LBA went with the partial acceptance because the 14 day period was up at that time.

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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I have also sent a letter to First Direct asking for 6 years worth of credit card statements, copies of signed loan agreements and proof that the PPI I was 'mis sold' was not infact 'mis sold'!

 

I had a separate policy which I paid into for years to cover my salary if I was unable to work for any reason, but was informed that I had to take their policy or not qualify for the loan. The only trouble is, my loans are all pretty old. I'm going to give it a go though.

 

If they didn't hate me before (claim going through for £1780) they'll definately hate me now :D

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  • 2 weeks later...

HELP! LBA has expired and when I went online to look at the Money Claim I realised that I have already claimed the interest (8%) in my previous correspondence by mistake. The bank has not offered me the total of the charges in any case, but does this mean I can not proceed and need to write to them explaining this and giving them more time? HELP!

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Well from searching the site and reading other peoples posts on mistakes made, I have decided to proceed with my claim. The bank have never offered me the full amount of the charges only, so I figure I am safe. Fingers crossed.

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  • 2 weeks later...
  • 4 weeks later...

Am in negotiations with DG Solicitors over my claim but in the meantime I have received a defence from First Direct.

 

I have to return the questionaire for my local county court by 7th January and I will incur a further £100 costs - can I then claim that back as well?

 

Thanks.

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They are being very [fill in the blank] now. You will be able to claim it back, if you win or they agree to it etc. I'm in the same position but am a couple of weeks behind.

 

You must get it in the the court in time, or FD will win by default.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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Gingi1

 

You look like you are ahead of me by 2 weeks. FD have filed a defence and I have until 21 January to fill in the AQ. Let me know how you get on.

 

You say you are in negotiation with DG - are you in direct contact (telephone, letter or email) with them and how is it going?

 

Wishing you all the best.

 

I am wondering whether to write a letter informing them that I intend to file the AQ with a draft order for directions (see my thread).

FIRST DIRECT

£3047 charges

£648.45 interest @ 8%

£120 court costs

TOTAL: £3815.45, SETTLED IN FULL 19/01/2007

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Hi,

 

Well I sent back the AQ with the £100 cheque, I have not heard from DG Solicitors since before Christmas. I am (was!) in contact via email with DG.

 

I did not send my AQ back by registered post or anything, what if it arrived a day late? do they win by default? what happens? (I know, I know I should have sent it recorded)

 

Keep my fingers crossed for your all!

 

PS I have a complaint against FD lodged with the FO, will keep updating here.

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