Jump to content


  • Tweets

  • Posts

    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
    • Hi Mango,   Please don't post in large blocks of text as it's far harder to read. Spacing added for you in the post above.   Please give brief answers to UncleB's Q's above so we can better assess your case, thanks.
    • "These are certainly not the persuasive decisions that this Claimant may suggest." Well worded.   I would add that as VCS have been  active in Airports over the years  that one would  expect they would be familiar with the Airports Act which would call into question the accuracy of their WS.   By questioning their WS you are hoping that VCS might decide not to turn up in Court [giving you a walkover] as they might not want the Judge looking closely at their WS. Also it would not be good for them should you win your case based on the Airports Act as it will have other Courts  kicking out other Airport cases hitting them in the pocket.    
    • Hi,   Still no response. I have my Liability Order hearing in a few days time, I was hoping I might have been able to receive a response from either my local councillor or the leader of the council before then. I wonder if they are just going to ignore my email?   Walshy    
    • I have got an  independent expert report which clearly states it is a manufacturing fault, which DFS have been made aware of.   My point is that as a huge retailer of leather sofas with leather peeling  being a common complaint to me it seems evident they are aware it is a manufacturing fault on their side. Yet they play games with customers and worse of all try their level best to get the customer to believe that it is their fault due to oils or creams they are using.   Even if one is to believe that every day creams etc can cause this damage then in any event the sofas are not fit for purpose.   Surely they are merely playing a numbers game banking on the fact that most complainants will not follow through with legal action. Yet what about the anguish and distress they cause to customers in the process.   To me this shows alot of contempt towards consumers and is clearly unethical.
  • Our picks

    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please Help Splitting Claims


Please note that this topic has not had any new posts for the last 5144 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 am in the process of claiming bank charges from Nationwide. I have 2 Flex accounts with them, if I split the 2 accounts as seperate claims (to keep within the 5,000), is it possible for Nationwide to request the courts that the 2 be amalgamated into 1 claim or are both accounts legally viewed as seperate contracts?

 

Anyone knowledgeable regarding this, please help.

Link to post
Share on other sites

Personally I Would Run One First And Then When You've Received Settlement Start The Other. The Danger Of Running Them Both Together If They Jointly Come To Over 5k And Both Reach The Court Stage There Is A Chance That A Judge May Fast Track Them Rather Than Small Claims. This Costs More And If It Went To Court And You Lost Then You May Be Liable For Their Costs.

Link to post
Share on other sites

Apparently not at the court stage, I'd do either one account at a time or for example 2001-2004 and then 2004-2007 with both accounts? - does that make sense?

  • Haha 1
Link to post
Share on other sites

I think you will find its nothing to do with the accounts per se, its an individual claiming charges from a bank and therefore the bank will probalby argue you shoul bring the whole claim in one go.

 

If one is a joint and one a single name that could make a difference although i wouldnt be surprised if the bank tried to get them amalgamated, whether they could or not im not sure.

 

HTH

 

Glenn

  • Haha 1

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...