Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Moonstar Vs HSBC


moonstar1981
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6257 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Guys,

 

I apologise for only just posting and I have been reading this forum for some time! So firstly apologies for not posting earlier but work has been a nightmere!!! Thank you!

 

Right, I started out with the usual formalities, of letters... I received nothing from them, no return letters, no offers nothing.

 

So I went straight down the "Moneyclaim online" route.

 

I'm currently claiming £2500 + £120 for court fee.

 

They were served with documents on the 26th January, and now they have acknowledged the claim on the 30th January, so 28 days and counting now guys.

 

I will be making a dondation to this site if successful as it has been a massive boost reading such an informative forum.

I espcially reccommend reading HSBC Crusher's posts, as they were the most informative for me!

 

I'll keep you posted thanks Chris!

Link to post
Share on other sites

Guys,

 

I apologise for only just posting and I have been reading this forum for some time! So firstly apologies for not posting earlier but work has been a nightmere!!! Thank you!

 

Right, I started out with the usual formalities, of letters... I received nothing from them, no return letters, no offers nothing.

 

So I went straight down the "Moneyclaim online" route.

 

I'm currently claiming £2500 + £120 for court fee.

 

They were served with documents on the 26th January, and now they have acknowledged the claim on the 30th January, so 28 days and counting now guys.

 

I will be making a dondation to this site if successful as it has been a massive boost reading such an informative forum.

I espcially reccommend reading HSBC Crusher's posts, as they were the most informative for me!

 

I'll keep you posted thanks Chris!

 

Excellent you are doing fine, remember its 28 days from the date the claim is deemed served which is 5 days after it was issued. :D

Link to post
Share on other sites

didn't know that! I've learnt so much already and now more! I have an old halifax account from which they closed it 4 years ago, but there was around £1400 claim on that as i still have all my bank statements. Can i claim on this also?

 

 

Yes. :)

Link to post
Share on other sites

Guy's quick update,

 

Still not heard anything as for a defence from DG yet?

 

MCOL was issued on the 26th Jan, and acknowledged on the 30th Jan from DG. Still nothing as of yet from them.

 

Should I start to mither them now?

Anyone else on the same timescale as me?

 

Thanks

Link to post
Share on other sites

hi

your 28 days will have started from the date the claim was deemed served, usually 5 days after issue- the 'served date' is on the front of the notice of issue. they probably won't enter a defense until the last minute of the last day!!

netty

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

  • 2 weeks later...

Hi All!

 

Well Another update from you, I received a letter dated 16th Feb, and it was from DG, asking for a breakdown of my charges, now I had already done this and I phoned to ask whether they had received the fax I had sent back to them at the begining of Feb.

What are they playing at? I can press my Judgement button on Friday.

They said in the letter that if they don't receive this then it will just delay the whole proceeding, is this right? i've done what they ask! twice.

I've now faxed them 3 times on Monday and they definitely have my breakdown of all my charges.

 

Thanks & I'm getting worried now!!!

Link to post
Share on other sites

thanks netty. thats good to hear but i'll pray every night till i see one!

 

thanks your all over these boards.

 

quick question : I used to have an holifax account which i stopped back in 2004. I must have about £3K on this account, can I still reclaim my charges on this also? is it only 6 years? so i would only be able to claim from 2001?

 

thanks

 

Chris

Link to post
Share on other sites

It's my 28th day today, and the online court still say's acknowledged? So its the 29th day tomorrow, does this mean i'll be able to file for Judgment by Default? I've sent them my charges and they accepted that they had received them.

 

Chris

 

Also what happens next?

Link to post
Share on other sites

keep popping into mcol site and try pressing the judgement button!! even if it lets you do it though, the judges are quite generous in giving hsbc another 7 days to file their defence, but there' no harm in trying. ring the courts tomorrow also, ask what you should do as hsbc have not filed their defence

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

yes, my nightmare's not quite over yet, but i'll get there in the end. i have a guardian angel, and a whole forum of peeps behind me! well not just me, their behind everyone - but they've made me feel special in anycase :)

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

Hey guys another update, the last day for them to file a defence was today and guess what, at 3.30pm it was still acknowledged, at 4pm it was defence! I guess its carrying on for a bit longer now! GREAT! Any help at all from here in will be greatly appreciatted guys thanks chris. What happens now???????

Link to post
Share on other sites

seems like good news moonstar and i'll keep my fingers crossed for you.. however, i think if you ring the courts tomorrow, they'll tell you that they give hsbc a further7 days to enter their defence! i hope for your sake that i'm wrong- it would be nice to see another one get paid judgement by default!

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

netty, moonstar said by 4pm it was defended. it's the old 3:58pm programmed defense. i'm sure it's done by a computer - too weird not to be. moonstar, you'll get a bunch of papers in 3-4 days including a transfer to your local court, a copy of the bank's defense and an allocation questionaire. check the aq and find the deadline - put it on your calendar - you must not miss the filing date - but, on the other hand - no use filing too soon - they asked for your breakdown so you may be getting an offer soon. just start looking at the aq threads and get to grips with it - on the other hand - ring dg and ask how your claim is coming along - just generally bug dg - you may find you get an offer before the aq is due and you won't have to file it or pay (it's 100 if your claim is over 1500 and you add this to what you are claiming). read nettys and other threads where they are getting their aq's ready to file.

here are the threads:Allocation Questionnaires - A guide to completion

and this:New strategy for Allocation Questionaires

Link to post
Share on other sites

oh damn!! never mind it was inevitable! ok... in a couple of days you will receive a notice of transfer of proceedings, which will tell you which court your case is being transferred to (your local court), a copy of the defence (basically a photocopied piece of paper) and the allocation questionaire.

 

while your'e waiting for all that to arrive take a look at the links i'm sending an familiarise yourself with them

 

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...