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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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androobe v FD


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OK, so after 30ish days to get my statements and notes from FD, I sent off my first letter to FD last week. All charges plus contractual interest.

 

Quick on the first response but knocked off one of the charges plus all the interest in their initial offer. The charge they knocked off they claim was refunded at the time - the only time I can see they may have refunded it was a couple of weeks later when there was "An Adjustment to your account" for the penalty plus a few pence, but as the account was being amalgamated with another I thought it was an adjustment between the two. Notes don't say anything about the refund either, so I don't know how they're going to prove to me it was the refunded charge - or maybe there is more info than they have sent me?!

 

Second letter off today as partial acceptance, still asking for the rest. Looking at other cases, can't tell if there is much of a pattern to FD and interest - anyone know whether they normally pay this before court action? Bearing in my claim is for a little under £500?

 

LBA next week regardless!

___

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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Hi androobe - in the same boat as you - letter received this morning offering refund of all the charges but no mention of the interest - rang them and they stated they don't refund interest??? Have started my own thread on this and asked for advice. Have told them I am still claiming the interest and why not. As I stated, if the charges were not taken, I would have been accruing interest on this money in any event. Have claimed 22.52% - charges from 01 -0 03 so it does mount up to quite a bit of money.

 

Good luck with your claim:-)

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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Well, I haven't heard anything further from FD so my LBA is in the post on Monday.

___

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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LBA on it's way, they have until 29th before I file my MCOL - almost £500.

 

Anyone know if they always refuse to settle before MCOL if you add interest?

___

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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Hi there, I sent my LBA on 31st october, so just one day left for them to reply before I begin action. They sent me another letter a week ago offering £1300 (I am claiming £1756) which I accepted as part payment. They seem to be holding out until the last minute with everyone.

 

Will let you know how I get on - Good Luck

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Responded my LBA offering the same amount as before. Assuming I hear no more beforehand I'll be issuing MCOL for the extra 8% + court fees on top of the previous claim. Don't they realise they'll lose more by not being reasonable at this stage?

___

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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Filed my MCOL today, after I gave them a quick call to confirm that the last letter was their final response. When the guy said that they'd been very reasonable in what they offered, I asked him how it was reasonable when they had acted unlawfully in the first place. He went very quiet when I asked why they hadn't defended a few of the higher cost claims against them if they were so sure they'd win - surely this would put people off claiming? Strangely enough he couldn't answer that one.

 

Anyway, the clock is ticking and they just threw another £200 in interest and court costs out of the shareholders and directors bonses!

___

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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  • 2 weeks later...

Update on this... FD have ackowledged... nothing more yet, they've got until 3rd Jan to defend or pay up.

___

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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  • 2 weeks later...

Letter from DG received asking for breakdown of charges!!! NOT HAPPY! I have provided these to First Direct THREE times. Called them and got voicemail (obviously paid enough to take today off), left a polite but very firm message saying I have already provided this info, and will use this ridiculous request as evidence of them being unreasonable and asking for additional costs from them. I await a response!

___

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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androobe, looks like you are in a very similar situation to me! See my thread.

I didnt claim 22.52% but used 19.9% EAR (unauthorised overdraft figure).

 

Do you think its likely that they will pay this if I pursue it? Also I thought that you could claim contractual OR the 8% fee when going to court not both?

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  • 2 weeks later...

OK, so FD have now filed a defence... have been sent an AQ by court and it's been moved to my local court.

 

No response from my voicemail on 22 Dec, so I wrote to them this week with another breakdown, they received this on Weds but I've heard no more so far. Think I'll hang fire on the AQ for at least a week to see if I hear anything further before continuing with this.

 

Oh, and their defence was all but useless, it went on about charges for setting up overdrafts and that it can't be a penalty because it wasn't a default charge (so they have instantly admitted charges for defaults are penalties!)... will perhaps put full details later but their main defence was based around the fact that the charges were for a service.

 

On a separate note, I also got a letter this morning from Marbles (who are also part of HSBC group) offering a full refund, INCLUDING CONTRACTUAL INTEREST (16.9%).

___

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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No you don't have to have a solicitor... just be well prepared!

___

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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OK, so I've received a letter from DG today... basically they are offering me full refund of all charges (got that offer ages ago) PLUS 8% interest and court fees. Oh, and they are still asking for payment to be kept confidential.

 

DG/HSBC/FD if you're reading this - THE LONGER YOU TAKE TO SETTLE THE MORE PEOPLE WILL FIND OUT ABOUT IT... and THE MORE YOU WILL LOSE!

 

They have denied my claim for contractual interest. Very very standard letter written as if I still have an account with them, and ignored many of the points I made in my previous letter. Think I will continue to pursue them for the lot. Whatever happens I'll be helping as many people as possible to claim back from them!

___

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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Not given a reason... simply says "Your claim for contractual interest is noted and denied"

___

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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  • 2 weeks later...

My claim has now been transferred to the mercentile court in Leeds along with over 60 others (against different banks).. getting very interesting now! See this thread:

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds-4.html#post500946

___

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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  • 2 weeks later...

Well, I've had another letter from DG asking me to reply to their offer.. which I already did. The court date is 7 Feb so only just over a week away now. I think I'll just send them a letter reminding them of the total new amount as the interest is going up, see if they offer it in the next week or actually turn up in court!

___

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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Finally received the letter I've been waiting for... FD have offered full refund of all charges plus: Contractual Interest, Statutory Interest, Court Fees and my own costs.

 

Never give up, they will ALWAYS pay up in full before court.

 

They have asked for confidentiality, which of course I will not be giving them. They will also have until Tuesday to get the cheque to me or I will still expect them in court on Wednesday :-)

___

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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The site is about guidance, every case is different. Basically I was claiming contractual up until the point where I issued moneyclaim, at that point I added on the 8% - after all the contractual is what they had charged me anyway, and the 8% is what I could have had if the money had been mine and I'd invested it somewhere. So it seems pretty fair to me. In addition to this they messed me around by asking for the same info over and over again, and ignoring many points in my letters, so I started charging them for every letter and phone call I had to make.

 

Basically it has proved they are still VERY scared of any case going to court. They will try everything in the book to reduce the claim if they can, but when court is under a week away they stop taking any chances. The joke is they could have settled with my 2 months ago for about half of what they've ended up having to pay out.

 

If anyone wants more details on my case feel free to PM me.

___

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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