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    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
    • Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.   It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?
    • Why do I need to write this down?   What do AOS and CPR mean?       Note to admins, also, this editor is crap for quoting, how do I go to markdown?
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JibTeenuc

MBNA PPI refund appeal possible (if due)?

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A friend has received payment from MBNA for a miss-sold PPI policy.

 

The advice slip attached to the cheque invites a telephone call to their offices, should there be any queries.

This in spite of a notification letter, received some weeks earlier, stating that “This is our final response to the complaint” and referring the recipient to the Ombudsman Service, should the refund not be deemed satisfactory.

 

If MBNA are granting telephone queries, would they not similarly accept written queries?

 

Secondly, I have attached MBNA’s calculations by which they arrived at their refund and would be grateful if someone, with more experience than I, would be kind enough to examine those and give us the benefit of their advice.

 

The credit card was provided circa ten years ago and has been steadily operating with a constant debt just shy of £3000, since then, with only minimum payments being made, each month (if that helps).

 

 

Thank you.

MBNA_PPI-Responce1of2_EDIT.pdf

MBNA_PPI-ChequeAdviceEDIT.pdf

MBNA_PPI-Responce2of2_EDIT.pdf

Edited by dx100uk
spacing/format

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so this looks like a plevin refund?

 

do they mention that in the letter at all?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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so this looks like a plevin refund?

 

do they mention that in the letter at all?

 

 

The word "plevin" has never been used. Apart from any identifying (or potentially so) information, the sum total of all communications received from MBNA have been included, within the 3 uploaded pdf documents apart from two letters received earlier, the first stating they were looking into the complaint and the second apologising for the apparent delay. Neither of those contain the word "plevin", either.

 

 

 

The complainant did so via the "Resolver" service available on a once fine but since wholly counterproductive (IMHO) website with which you will no doubt be familiar.

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oh god resolver

totally useless for PPI reclaiming.

 

in a nut shell

unless you sar MBNA and get all the statements and thus all the PPI that's been charged you don't state a chance in checking if its correct.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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oh god resolver

totally useless for PPI reclaiming.

 

in a nut shell

unless you sar MBNA and get all the statements and thus all the PPI that's been charged you don't state a chance in checking if its correct.

 

 

I am really sorry (but I am learning fast) to have not sought advice from here, first.

 

 

Instead, I gaily lent my advice to a friend in need and now fear I may have inadvertently betrayed their trust.

 

 

Is it too late to serve a SAR on MBNA in this matter, now?

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no not at all and its free now too!

 

this thread will drive you nuts

https://www.consumeractiongroup.co.uk/forum/showthread.php?372400-MBNA-PPI-Award-%93Interpretative%94-Calculations

but its by far the simplest way of understanding the lengths MBNA goto to reduce refunds


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Whew!!!

 

Thank you so much.

 

Do you advise sending a SAR by any special tracked, signed for, or otherwise receipt-verifiable manner?

 

Or simply pop a postage stamp in the top right-hand corner of the envelope and place our trust in the pony express??

 

Also, the complainant is a lodger who does not receive council tax bills, will a contract telecommunications bill confirming their address suffice or is even that not really necessary as MBNA have already been communicating (and even refunding) them?

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probably wont be necessary

no need to waste money

free proof of post under 1st class can be gotten from you PO counter

all legally you have to do is prove it was sent.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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probably wont be necessary

no need to waste money....

 

 

Thanks, again.

 

 

I must say that, as soon as I saw the words "notional" and "assessed" in their judgement communication, alarm bells rang and the word "codswallop" sprang to mind.

 

 

Such alarm was further cemented upon encountering the phrase"goodwill gesture".:lalala:

 

 

(See attached pdf)

 

 

 

What a shower of bankers (:censored:), they are!!!

MBNA_PPI-Responce1of2_EDIT02.pdf

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I forgot to mention that my friend has already banked the cheque forwarded by MBNA which, whilst no mention of "Full and Final" settlement, or similar, was declared with the cheque or it attached advice slip, the preceding letter, received some weeks earlier, DID state "This is our final response to the complaint".

 

 

Is that going to present a problem?

 

 

If not, should we state within the SAR that the cheque has been accepted in part payment until a final refund total has either been agreed to or adjudicated on, or should we not even refer to that received payment, within the body of the SAR application - in which case should a separate letter be sent stating payment is accepted in part settlement only or is that, too, unnecessary?

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Just bank the cheque

No harm done

Dont adapt the sar no

You can still goto the FOS anyway

 

I ots of the letters say you can consider this as..our final response..too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Iots of the letters say you can consider this as..our final response..too

 

 

So, it's about as sincere as the phrase "gesture of goodwill" then, I'm inclined to conclude.

 

 

Mere words, in lieu of actions.:blah:

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Gogw allows them to not admit they were wrong


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Gogw allows them to not admit they were wrong

 

 

SAR has been sent, so thirty day countdown clock is ticking.

 

 

Thank you for all your valuable help which is sincerely appreciated as, had you not advised us, we would have still been ignorant as to our legal rights and accepted whatever MBNA might have told us as being sacrosanct.

 

 

Our fingers are crossed for a quick and positive response.

 

 

Please wish us "good-luck", everyone.:-)

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