Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
        • Thanks
        • Like
      • 63 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
mcvey123

in court tomorrow - any advice?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4891 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 have a claim against the bank of Ireland who do not seem to be taking it all very seriously.

 

They have said that there is no legal ruling that charges over £12 are illegal and basically it is too bad etc etc.

 

I have given them a further 14 days to reply before I take them to court.

 

Has anyone had any luck from them?

Share this post


Link to post
Share on other sites

if you search for a thread started by pmcmurrogh, he is very advanced with BOI,

Share this post


Link to post
Share on other sites

they seem to think we're all coming down the Bann in a bubble over here,don't they?


Share this post


Link to post
Share on other sites

Yep, well they may think again.....

Share this post


Link to post
Share on other sites

Hi there,

As Big Aid has said check out my thread it gives the details but in summary I seem to be the furthest along in terms of BOI. I started my claim way back in Feb, it was listed for June then rescheduled for Sept. So went to court in Sept and they turned up with a full team. They asked for a Stay pending test cases in England and the second statement by the OFT. I objected to the stay on a number of grounds (which seemed to take them by surprise - think they were expecting me to just accept it and that would be it posponed indefinately).

I objected stating that there was no gaurantee that there would be a test case as over 300 cases have been settled out of court and none had been heard in full. Also that the first statement of the OFT was to Read Across to all financial institutions and that the OFT had not given a date for publishing a second statement and that the first took 2 years.

The judge agreed with me but did adjourn until Nov 21st but said that if no settlement is reached he will hear the case and if needs be it would be the test case (so there is great interest in this one).

I can't find anyone else who has been to court with the BOI please let me know if you know anyone who has.

As for them taking it seriously, perhaps they hadn't up until my day in court as they came with alot of documentation ( over 100 pages - most of which was irrelivant - full statement of my account etc) but they had not supplied me with a copy of any of it (which i complained about) but they didn't seem to be ready to actually defend the claim - i wish they had have.

 

Since the court case I sent them a letter offering to alter my claim to only those charges which exceed the actual cost to the bank for the offences (i would imagine that to be all of them) if they will supply me with a detailed and itemised breakdown of their actual costs. Copied this to the court too. No reply of course.

Share this post


Link to post
Share on other sites

I'm in court tomorrow morning against the bank of Ireland. Nervewrecking!

 

Has anyone got any helpful advice?

 

thanks

Share this post


Link to post
Share on other sites

Good luck, you probably wont need it as they may well settle tomorrow.I have heard of other people having cases settled 15 mins before hearings .Hold your nerve and read and reread your case so you will be prepared also check with corthouse all is going ahead and get name of the judge presiding as my case was adjourned with very little notice only advised today and was supposed to be in court on monday.

 

Barry


Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

Share this post


Link to post
Share on other sites

Hi Mcvey

 

Do you have your court bundle printed off ready?.

 

Uk


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

Share this post


Link to post
Share on other sites

Yes I do so I think I am all set

Share this post


Link to post
Share on other sites

2 threads merged to help keeping track of your story.

 

Good luck with your case today! :-)

Share this post


Link to post
Share on other sites

Best of luck today.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

Share this post


Link to post
Share on other sites

Got everything crossed for you.


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Share this post


Link to post
Share on other sites

Hi there

 

The bank of ireland (surprise surprise) requested an adjournment pending the oft report - just like the other BoI claimants.

 

As it happens, the court bundle didn't even get opened and I was lucky if I was in there for more than 5 mins! All the nerves for nothing!

 

Thanks for all your support anyhow, now it's a waiting game.

 

However doing ok though! ....

 

Capital one settled in full £1122.12

Black Horse settled in full: £419.68

Abbey National claim 1 settled in full: £1720

Abbey National claim 2 pending: £2955

Bank of Ireland pending: £1685.71

Aktiv Kapital: still not able to get the slippery eels to remove defaults from record!

Share this post


Link to post
Share on other sites
Hi there

 

The bank of ireland (surprise surprise) requested an adjournment pending the oft report - just like the other BoI claimants.

 

As it happens, the court bundle didn't even get opened and I was lucky if I was in there for more than 5 mins! All the nerves for nothing!

 

Thanks for all your support anyhow, now it's a waiting game.

 

However doing ok though! ....

 

Capital one settled in full £1122.12

 

Black Horse settled in full: £419.68

 

Abbey National claim 1 settled in full: £1720

 

Abbey National claim 2 pending: £2955

 

Bank of Ireland pending: £1685.71

 

Aktiv Kapital: still not able to get the slippery eels to remove defaults from record!

 

So what do you think they will do now - the obvious is for them to pay UP altogether and not waste valuable court time.

Share this post


Link to post
Share on other sites

I wonder what they expect the OFT to say?

 

The law is clear- charges must reflect the cost to the banks. End of.

 

Whatever the OFT finally come up with isnt going to change anything.

Share this post


Link to post
Share on other sites

I read a thread where the BOI turned up with full legal team AND disclosure of costs that amounted to £12. They showed their breakdown to the judge in private and he accepted their costings. As they had already paid the claimant the difference between the £12 and the charge, BOI won. I am trying for life of me to remember who it was. Will have a scout round and see. One thing I do know is that it was in Ireland.

Share this post


Link to post
Share on other sites

I think you mean lickthewallfatboy v Citi, not BoI.

 

And they didn't win.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Northern Ireland or Irish Republic?

 

NI is UK

Share this post


Link to post
Share on other sites

lickthewallfatguy v citi sounded really very dodgy. The judge fkd it up. Its going to appeal, I believe.

Share this post


Link to post
Share on other sites

I just know it was in Ireland. Was lickthewallfatboy in Ireland?

Share this post


Link to post
Share on other sites

Barracad.... the last post I read was something like the judge accepted their disclosure of costs as being £12 per item. Has something else happened since?

Share this post


Link to post
Share on other sites

Yes. Northern Ireland.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

I believe so.

 

However, if Citi had been succesful every other bank would be jumping on the same band wagon and fighting tooth and nail, instead of meekly coughing up after being given a few good prods with a sharp sticks. :-)

Share this post


Link to post
Share on other sites
Barracad.... the last post I read was something like the judge accepted their disclosure of costs as being £12 per item. Has something else happened since?

 

Well they didn't win then did they?!

 

If they charged £30 (or however much they charge) and the judge ordered that the actual cost was £12 then that means they lost because the judge agreed that the original charge was wrong. (Even though the £12 is a ridiculously high figure).


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...