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    • Anyway, I've asked my Booking.com flat-rent-out-bloke what needs to be done on the Booking.com portal to cancel a reservation. I got a late message "I'll let you know tomorrow".
    • I see that at the start of your thread you said they hadn't sent a Letter of Claim.  And in fact in all the uploaded material there is no LoC.  This is great news.  Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR.  Are you sure about this?  Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus).  I'm not being pernickety, this will be important for your Witness Statement further down the line.
    • I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving.   The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but does it does not provide a defence.   But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did.   As I explained, after his birthday he did not hold a licence that could be revoked.   In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive.   The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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seashell vs abbey


seashell
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Hi Everyone I have asked in total from abbey £740.00 to date they have given me back £60.00 I accepted this as part payment, They have now given me another £240.00 I want to file a claim what should I do

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You need to write back saying thanks, i accept as a prt payment and proceed with your claim as normal.

 

Have they actually written to you telling you what these amounts are for or is it just a payment into your account?

 

If its the latter igonore them in terms of your claim and caveat it with something along the lines of I will be happy to amend the claim when the amount of chagres applied to your accoubnt is finalised by the abbey.

 

I would write to them and asl them for clairifcation of what these amounts are for if they havent told you already and thank them as well as accepting it in part payment.

 

i think theres a new template for part payments.

 

This is all JMHO

 

Hopefully some others will come along and chip in too.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi

They have put in into my account I called them tofind out what it was for and they said it was there final offer so I said I would be issuing a claim but I don't know how to do that can you help me please.

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Hi Seashell have you read followed the step by step guide?

 

Putting a claim in can be done through money claim online i havent got to the stage of actually putting my claim in yet so cant give detailed advoce.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thank you because the Abbey have given me £300.00 back I have not accepted this but it is in my bank account do I include that amount or not.

On money claim I have got to the bit where you put how much you are claiming and then it calculates how much it is going to cost you. It said £80.00 but then you have to fill in what and why you are claiming and that is the bit I am stuck on.

Seashell

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  • 1 month later...

Hi

 

Can any one help please the Abbey owed me £705.00

they have given me back £300.00 so I now need t o claim £405.00 so the £300.00 they have given me back do i take that off from 6 years ago or from my last statement

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there is a page here but not sure it will fit, i tried it and didnt get it all in so had to issue n1 in person at my local court.

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 Seashell try this it worked for me:

1. The Claimant has an account xxxxxxxx with the Defendant which was opened on or around xxxxxxxxxxx.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £xxxxxxx;

c) Court costs;

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

e) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31st Oct 2000 to 28th Aug 2006 of £xxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx p.

I believe that the contents of these particulars of claim are true

 

 

 

 

 

 

 

 

 

 

 

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Hi at the moment I am trying to fill in the particualrs of claim someone did help me but the words were to many and they wouldn't except it also after you press submit do they ask for your account number because I haven't had to put that in yet

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