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    • “We want to get Amigo back to life again” – CEO’s statement as lender posts £87m loss View the full article
    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
    • I'm ready to reject Hermes offer and issue the letter before claim. I've registered on the MCOL website and filled in my claim with the below particulars.   Should I tick the box to send the particulars directly to the defendant?   Should I also tick the box for the right to claim interest. If so do what date would I put for when the money became owed,  what is daily rate of interest up to the date of judgment?    Thanks again      
    • Zoom boss calls working from home "new reality" and predicts growth - but not at last year's pace. View the full article
    • you mean you paid the mortgage off that the policy protected and financed it with another policy from elsewhere...??? so why have you been paying for life insurance on a mortgage that has not existed since 2009?   surely the policy was to protect the mortgage is was taken out for and no longer has any benefit whatsoever to you and no-one will get anything out of it should you die?   what does it state it protects and who gets what ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Lowell CCJ claim form X 2*** Both Discontinued ***


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Excellent result.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Well done Kal

 

I assume you have received a Notice of Discontinuance?

 

If so please check with your Court to see if they have same.

 

How should I alter your thread title to reflect this result?

 

Regards

 

Andy

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Well done Kal

 

I assume you have received a Notice of Discontinuance?

 

Yep, It says its been copied to the court but I'll double check when I can get through to them, Spent 30 mins the other day trying to chase up the remaining claim. Carters had been ordered to pay court fees by a certain date and I wanted to see if they had paid.

 

Cheers for the help so far guys.

 

Has there been any sort of complaint about lowells to the courts or FOS doing all this, surely there is an abuse of the system here getting people wound up then pulling out last minute. Trying to pressurise people or hoping they dont know the system well enough to defend it. Ive see all the posts where theyve pushed for bankrupcies and such.

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" Has there been any sort of complaint about lowells to the courts or fos doing all this, surely there is an abuse of the system here getting people wound up then pulling out last minute. Trying to pressurise people or hoping they don't know the system well enough to defend it. Ive see all the posts where they've pushed for bankruptcies and such."

 

Little point they are all in it together:wink:

We could do with some help from you.

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The FOS attitude is that are not 'judgemental' it seems and any decision on 'fairness' is for the courts.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Second claim now discontinued as well woo hoo!!!

 

Cheers for all the advice guys.

 

 

 

Excellent result!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Excellent news - I will amend the thread to reflect this.

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Double whammy ‎kalahari...well done.

 

Regards

 

Andy

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  • 3 months later...

Now about those unlawful credit card charges.... :D

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 3 months later...

did you win both?

PPI SUCCESS

2011- Lloyds TSB £3874

2011 - Loans.co.uk (GE Finance) £1504.77

2017 - Moneyshop - £977

2018 - Aquacard £1327

2019 - Citicard - £1071.31

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