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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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miavega

Query re LBA

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Hi

 

Wrote to Natwest last week with a prelim letter and have recieved following response today.

 

Dear XXXXX

 

Your complaint regarding charges has been passed to me and I apologise for any dissatisfaction caused by the application of charges to your account.

 

We believe our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which, we are satisifed, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the charges applied to your bank account.

 

Having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied to your account must stand.

 

I am disappointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure any Proceedings are served on our Registered address, which appears at the foot of this letter.

 

I accept that this is unlikely to be the answer you might have hoped to recieve but nontheless thank you for taking the time and trouble to contact us.

 

Yours sincerely

 

Stuart Higley

Customer Relations

 

 

 

My questions are....

 

* I have seen this guys name before on natwest threads but now can't find it - can anyone point me in the right direction?

 

* I have looked at the LBA in the library and I need to modify it as states no reply - has anyone written a blast of a reply to this type of letter I could cribb?

 

* Should I send LBA to registered address or back to this Stuart Higley guy?

 

Thanks

 

Miavega :)


NatWest Bank charges

01/10/06 S.A.R - (Subject Access Request) sent

06/10/06 Statements arrived

17/10/06 Prelim letter sent claiming £929

23/10/06 Bog off letter received

25/10/06 LBA sent

01/11/06 Second bog off letter received

 

MBNA Credit Card

17/10/06 S.A.R - (Subject Access Request) + £10 cheque sent

26/10/06 Letter telling me they will respond by Nov 16th

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Send back to him i think, have just had my reply from LBA from him. If you want to see reply have posted in Mickey against natwest.

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Usual standard letter from Mr Higley, had a few of those myself (see my thread).

 

With regards to your reply, send it to wherever you sent your preliminary letter, they will soon advise you when to start replying to the registered address.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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My thread link is below.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Okay - is the following ok as my LBA - totally taken from library and am full of cold so have no inspiration as to how to jazz it up and make them pay me!!!!! Any suggestions gratefully received.

 

Also shall I email it CEO's right hand man Michael.duncan@rbs.co.uk?

 

LETTER BEFORE ACTION

 

Dear Stuart Higley,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I am very disappointed that you have failed to respond positively to my letter of the 17th October 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £772.11 plus £157.20 which you have charged me in overdraft interest for the sum which you have taken. Total £929.31.

I am enclosing a copy of the schedule of the charges which I am claiming.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Yours faithfully,

miavega:x

 

 

 


NatWest Bank charges

01/10/06 S.A.R - (Subject Access Request) sent

06/10/06 Statements arrived

17/10/06 Prelim letter sent claiming £929

23/10/06 Bog off letter received

25/10/06 LBA sent

01/11/06 Second bog off letter received

 

MBNA Credit Card

17/10/06 S.A.R - (Subject Access Request) + £10 cheque sent

26/10/06 Letter telling me they will respond by Nov 16th

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The LBA is fine, no need to jazz it up so long as it covers all the facts (which it does)!!


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Cool - so just add schedule of charges (which I also took from library and so it covers initial interest but NOT the extra 8%) and post it recorded?

 

Should I copy this bigwig in as he seems to be recommended?


NatWest Bank charges

01/10/06 S.A.R - (Subject Access Request) sent

06/10/06 Statements arrived

17/10/06 Prelim letter sent claiming £929

23/10/06 Bog off letter received

25/10/06 LBA sent

01/11/06 Second bog off letter received

 

MBNA Credit Card

17/10/06 S.A.R - (Subject Access Request) + £10 cheque sent

26/10/06 Letter telling me they will respond by Nov 16th

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You could do but its not neccessary!


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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OKay now received a standard letter back from Higley saying still bog off and please serve legal documents on registered address etc etc.

 

Do I start MCOL immediately or do I wait til end of 14 days from their receipt of my LBA?

 

Also in the amount of money I was claiming I used Vampiress spreadsheet with the 8% interest - so I have claimed for the charges plus the 8% interest - I am getting really confused on the interest issue and am unclear as to whether there is another sum of interest I should be claiming too - could anyone who understands this please advise me? I have read a million threads discussing this and am now more confused than when I started.....

 

Miavega:confused: :confused:


NatWest Bank charges

01/10/06 S.A.R - (Subject Access Request) sent

06/10/06 Statements arrived

17/10/06 Prelim letter sent claiming £929

23/10/06 Bog off letter received

25/10/06 LBA sent

01/11/06 Second bog off letter received

 

MBNA Credit Card

17/10/06 S.A.R - (Subject Access Request) + £10 cheque sent

26/10/06 Letter telling me they will respond by Nov 16th

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You should only be claiming the 8% interest when filing your claim with MCOL, and I would say yes you can carry on with your court claim now, seeing as though you've had a response from your LBA. Make sure you use their registered address when filing your claim.

 

http://www.cag-files.co.uk/barracad/Spreadsheets/England/Complex-bank-charges-calc.xls If you use the spreadsheet here it will calculate your overdraft interest, then on the next page it will work out your 8% interest also.

 

Hope this helps!!


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Fab thank you - and thats made it up to grand total of £1025........


NatWest Bank charges

01/10/06 S.A.R - (Subject Access Request) sent

06/10/06 Statements arrived

17/10/06 Prelim letter sent claiming £929

23/10/06 Bog off letter received

25/10/06 LBA sent

01/11/06 Second bog off letter received

 

MBNA Credit Card

17/10/06 S.A.R - (Subject Access Request) + £10 cheque sent

26/10/06 Letter telling me they will respond by Nov 16th

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Sent Higley the letter below last week and having still heard nothing from him managed to phone him (oh and he is not a nice person on the phone at all) and he tells me the bank has stopped making ANY payments at the moment as basically the bigwigs have decided they need a strategy and until he gets their strategy his department cannot make any new agreements with any customers.

 

his phone no is 0208 236 8223

 

Letter I sent (thanks to Littlesally who I unashamedly copied it off!!!!) - so I guess my only option now is to file the MCOL claim????:mad:

 

Thank you for your letter dated 23rd October 2006.

You clearly do not believe that I will issue a claim against you for the unfair bank charges against my accounts.

 

I am writing to inform you that this will be the next stage unless I hear from you, in the next 7 days, that the £935.08 I am claiming from you will be paid back to me in full. I have attached a copy of my already prepared HMCS Moneyclaim online court submission – I will be claiming unless this matter is settled in full by 7th December 2006.

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts.

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £935.08. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled.

If you wish to proceed with this, I will be pleased to meet you in court and hear your justification of the penalty charges.

And, I am sure, so will all Natwest customers.

If you do not intend to defend the charges in court, but hoping that I will "just go away", I need to point out to you that this will not happen. But you will incur more costs against you by the court.

Please do not waste their time and mine with something you do not intend to defend.

 


NatWest Bank charges

01/10/06 S.A.R - (Subject Access Request) sent

06/10/06 Statements arrived

17/10/06 Prelim letter sent claiming £929

23/10/06 Bog off letter received

25/10/06 LBA sent

01/11/06 Second bog off letter received

 

MBNA Credit Card

17/10/06 S.A.R - (Subject Access Request) + £10 cheque sent

26/10/06 Letter telling me they will respond by Nov 16th

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Guest littlesally

Any news yet? It's been a while

 

Sally x

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