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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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fiona v lloyds/tsb - ** WON **


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Well after three weeks of trying to get my statement from India.

 

I decided to go into my branch for one last try before I sent my letter off.

 

To my astonishment they were very helpful

 

Asked them if i could possibly have 6 yrs worth of statements.

 

"yes no problem I will put in a request for you" the spotty cleark told me

"All I need to do is take some details"

 

Gave him all my details and he told me I will ring you if as soon as they come into the branch "be about two/three days"

 

OK

 

In the mean time I've typed my letter address it and enclosed my £10.00.

 

Got to work this morning have a voicemail from Lloyds/Tsb to tell me my statements have arrive.

 

And low and behold got down to the branch and there they are.

 

(Must point out at this point was not asked why I needed them)

 

So tonight going through them all to calculate my charges and interest.

 

Sooooooo much paper

 

Still worth it in the end

 

Fi

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Hi Fi,

 

Did you actually send the DPA request as well? If not, then you should do. This extends the request to 'all transaction history' and 'details of manual intervention.'

 

It is just a precaution, but if they send the details, and no indication of manual interevention, you have covered your back in the eventuality that they claim manual intervention DID take place.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Good luck Fiona :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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thanks. but it puzzles me why in the template letter it includes it??????????

"THE BEST THING ABOUT PEOPLE WHO PLAY GAMES IS BEATING THEM AT THEIR OWN GAME"

 

old halifax current account and current credit card £1641.53 plus costs---settled after n1 form handed in with no conditions £1761.53:D :D

 

abbey £2638.18 plus costs-n1 form handed in 28/07/20068) WON:wink:

 

wifes lloyds/tsb current account £4600- awaiting settlement offer:D ALL OF IT:wink:

 

neighbours £1800 with lloyds WON :wink:

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As previoulsy wrote in a previous mail their 14 days are up, and am getting ready to sent my lba letter.

 

On reviewing what has previously been sent, i think that I have made a mistake. I have included my overdraft excess fees.

 

I have spoken to the bank this everning to enquire about my the overdraft excess fees and they have informed me that there is a £5 charge for everytime I go over my overdraft up to a maximum of £90 per month.

 

Upon further reading on this site I now belive that overdraft excess fees are not reclaimable. Am I correct in thinking this. If so then my total amount claimed in my perlim letter is incorrect.

 

What do I do ?

 

Can I change the amount in the lba letter without mentioning the mistake or will I have to mention it.

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ok.. realise i hadnt made a mistake as i can claim all the money..

 

handed in my lba today for the full amount to the branch to the same person that sorted out my statements..

 

upon reading my lba he said "oh dear, if i knew it was relating to bank charges i wouldnt have been able to give you the statements"

 

oh well never mind lol

 

14 days and counting:):p:)

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below i have copied my particulars of claim. i have used the rough template and added the section about the 8% interest...

a couple of things

 

1) it comes to 1006 words

2) the very last bit about daily rate of interest???? what do i put here

 

3) please can someone ok what ive done and even better shorten it for me so its under 1000 characters

 

thanks

 

 

 

I have a contract with the defendant bank

dated nov 1997 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. i also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 01/08/2000 to 10/03/06 of £917.24 and also interest at the same rate up to the date of judgment or earlier payment at a

daily rate of ?.

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decided that im not going to claim anymore. :(

 

i have 4 1/2 years of a ccj to run and if they close my account ill lose my debit facilities because my parachute account will only give me an electron card. its been a difficult decision as its £4500 and i got into this financial mess because i was robbed of thousands by an ex-boyfriend:-x:-x:-x

 

ive also been finding it harder to get answers recently and feel maybe this isnt such a good idea..

 

good luck to all in your claims, i hope you all win:D:D

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AFAIK Lloyds haven't closed anyones a/c yet. Would it be likely that they would close yours?

 

Whether to drop your claim is your decission. I would personally look at the pros and cons carefully. Is the CCJ related to Lloyds or a different institution?

 

It does seem to take longer at the moment to get advice. I think that having 21,500 users might have something to do with it!!

 

I'm sure a mod will be along soon to give you some more detailed information on closure and ccj's.

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Hey Fiona, I know how you are feeling, but please don't give up. This money is yours, and I can only imagine that the amount you wish to claim will make huge positive impact on your life. The MODS have so many threads to look at/edit etc that it will take a bit of time, but they will get round to yours. Just hang in there. Wait a while, take a deep breath, gather your thoughts, then go out there and get back what is rightfully yours.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Fiona, don't give up!!!!! I got a letter a few day ago offering to settle. so there is light at the end of the tunnel.

 

With regards to your questions.

 

No1 use abbreviations and take out any extra words, eg change 'standard terms and conditions' to 'standard T&Cs'. You could start with 'Claimant has account with defendant dated.....' and then shorten the next sentence to read ' Claimant requires return of funds taken by way of charges....' etc

 

No2 work out how much is owed at the date of the claim including the 8% interest. Work out the monetary value of this at 8% and this will be the daily rate.

eg: £4,500 inclusive of 8% interest to 01/06/06. £4,500 x 0.00022 = 99p per day.

 

I've been through this and am now doing the claims procedure for friends and family. So if you need any help of support just PM me and I'll do what I can.

 

Angie

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fiona please don't give up ITS YOUR MONEY! i've to have a ccj i have recived asettlement letter to pay in full you will get plenty of support from people on here this is what the banks want look at my thread i have also though about giveing up but to think that they have £1800 of MY money and i want it back so please don't give up

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well i decided to go for it... thanks for the encouragement... i got the particulars under 1000 words and filled my claim so going all the way now:razz:

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  • 3 weeks later...

Go for it u will get your money back all the best just read your thread, so glad you did not give up i bet so many have, u will soon have your 4500 pounds back.

Good luck

Regards

adamski

 

 

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That's a hell of alot of money - worth the small amount of stress eh?! Good on you for sticking in there.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Best of luck Fiona, please keep the site posted with all the details of what happens. We are all in this together, and lots of people read the information on other's threads, and gain confidence and knowledge. Not everyone will be in a position to reply, but everyone is behind you!! Glad you went for it!:wink:

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Blimey, how did I miss this one?

 

Well done for sticking it out Fiona. Remember, we're here for you - although we might be a bit busy and slow to reply on occasion ;)

 

If you need help urgently, you can always of course PM a frequent poster or one of the mods - most of us hang around the site like a bad smell these days, and you're sure to get a response ASAP :)

 

Atta girl!

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 2 weeks later...

Just to keep you guys updated I have recived Lloyds/Tsb defence and my court questionaire today.

 

I have a few questions about it as was wondering if somone could help me.

 

D Witness - I think I should put 0 Can someone confirm

 

E Experts - I assume i put no, on this - Can someone confirm

 

 

Thanks

 

FW

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Please

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