Jump to content


  • Tweets

  • Posts

    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

Local Authority refuse to cancel a PCN even after the TBT directed them to do so!


Please note that this topic has not had any new posts for the last 1778 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I've had an issue with a PCN going on for a little while. Essentially I got no ticket on my vehicle and no communication from the LA, the first I heard of it was when the TEC sent the order for recovery

 

I completed a witness statement which was accepted, then the same thing happened again.

 

Again I completed a witness statement which was accepted, this time the LA said they wouldn't accept it and would continue to pursure for recovery under the order (which had been cancelled!)

 

After I challenged the legality of this, they eventually issued an NTO. I raised representations which were rejected so I took it to the TPT.

 

At the hearing my appeal was upheld and the TPT confirmed in writing that they had directed the council to cancel the ticket.

 

I am well aware that the council is aware of the hearing since they send a bundle to it and I've had no communication from them in over a year (the hearing took a long time).

 

The council has now ignored the hearing outcome and sent out a charge certificate on what is now a cancelled PCN! There can be no claim of 'crossing with post' as this has been sent 5 weeks after the hearing.

 

I've already fired off an email demanding they withdraw it, but this is now the second time the council has acted what I believe to be illegally.

 

What's the best way forward if they ignore my email and escalate it to the TEC again? Is there any action I can take based on the actions they've already taken?

Link to post
Share on other sites

I personally would write to the rec del stating if they wish to carry on this charade you will be contacting the local paper etc. Have you a mayor you could address a complaint to?

Link to post
Share on other sites

There is a mayor and I already thought about phoning the local rag, it is a unitary authority so there is no superior county council to complain to and the mayor is on the same side as the local MP so probably not much point going to him either.

 

The concern I have is that the wheels of the bulk process will turn unchecked...all the council need to escalate it to TEC is to issue a charge certificate which they've done, all TEC need to issue a warrant is for my to fail to make a witness statement, I can't make a witness statement as none of the 4 grounds cover this situation, then all the council need to instruct bailiffs is a warrant which they'll have. Whether or not it's legal and action is being taken on a cancelled PCN is likely to have very little to do with anything. I was hoping there would be some sort of formal complaint I could raise to someone (ideally someone higher than the council) in this case but nothing I can see seems to cover this situation happening...the TPT's own website certainly does not consider that the council might just ignore them.

 

I have considered the extreme option (if I get a court registration notice and the council ignore me) of paying the ticket and then issuing a county court claim against the council for the payment + costs + damages, hopefully it won't get that far.

Link to post
Share on other sites

Don't bother the mayor with this - it's just a parking ticket. As for going to the papers, councils get this every day from someone or other. Whoever reads your letter couldn't care less.

 

First thing you need to do is phone the council. Assume this is a mistake and just politely ask them why the PCN is still being pursued. They'll probably realise the error and sort it out.

 

If they don't, and you get no joy over the phone, then use the council's formal complaints procedure.

 

If that fails, there is the local government ombudsman you can turn to, but if you won the tribunal hearing, hopefully it won't get that far.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...