Jump to content


  • Tweets

  • Posts

    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • 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
      • 160 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

Panther-v-Co-op **RESULT**


panther12
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6455 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

I sent my Data Protection Act request dated 13 April and they replied a week later saying arrangements will be made to forward this information to you within 40 days of the date of this letter (which is dated 20 April). I've not received anything yet but was wondering if the 40 days starts from my letter or theirs.

Link to post
Share on other sites

the 40 days starts when they have both your request and your £10 payment - not from when they choose to answer your letter.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

Link to post
Share on other sites

Yes they didn't waste much time cashing the cheque but don't seem to have the same enthusiasm in giving me the data! Not surprising really as we believe this to be quite a substantial amount.

Link to post
Share on other sites

In that case the date it began is the date they cashed your cheque... as it was enclosed with your letter.

 

I think in this case that it begins the date the letter was received, as payment was enclosed. If they (for instance) chose to wait a week to cash the cheque, the 40 days would already have started.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

Link to post
Share on other sites

  • 2 weeks later...

They have now sent the statements going back 6 years. I did ask for transaction details from when the account was opened as I believe there were a number of charges going back further than this, but I guess they only have to supply 6 years. I've totalled it all up and the amount of charges they applied is £910 so I will now use the prelim letter and include a sheet detailing all the dates & charges I want refunding.

Link to post
Share on other sites

They have now sent the statements going back 6 years. I did ask for transaction details from when the account was opened as I believe there were a number of charges going back further than this, but I guess they only have to supply 6 years. I've totalled it all up and the amount of charges they applied is £910 so I will now use the prelim letter and include a sheet detailing all the dates & charges I want refunding.

 

No, that isn't correct. They have to supply you will all information held about you that's covered by the DPA. It doesn't matter if it's 6 or 60 years old. If you believe that they haven't fully complied write to them and tell them. You can if you like threaten them with a complaint to the Information Commissioner and a mandatory injunction for disclosure under Section 7 of the DPA.

Link to post
Share on other sites

No, that isn't correct. They have to supply you will all information held about you that's covered by the DPA. It doesn't matter if it's 6 or 60 years old. If you believe that they haven't fully complied write to them and tell them. You can if you like threaten them with a complaint to the Information Commissioner and a mandatory injunction for disclosure under Section 7 of the DPA.
Thanks Seminole, I am doing this on behalf of my brother and he tells me that there were many many charges on the account going back about 10 years prior to the 6 year statements they sent, so I would very much like to have those details.

 

I did send off the prelim letter yesterday requesting the £910 from the 6 years statements they sent. I will write back again and request ALL the information they hold. As I have already started the ball rolling claiming back the last 6 years charges, do I carry on as I am and then when I receive the previous statements start another claim to recover those?

Thanks.

Link to post
Share on other sites

  • 4 weeks later...

I sent a Data Protection Act request for all the information relating to the account since it was first opened. On 23 May they sent me copies of the last 6 years statements which totalled £900 in unlawful charges. I have started a claim for the £900 but believe there are also many more charges going back past the 6 years. I wrote back on the 28 May informing them that the have not fully complied with my DPA request as I require ALL the information they hold and not just the last 6 years. If the data has been destroyed or no longer exists I asked them to confirm that to me.

 

I have now received another bundle of statements but the silly buggers have only gone and sent the same identical statements as before (except this new bundle of statements starts from June 2000 whereas the last bundle started May 2000 - that May month alone contained 2 £15 charges).

 

Before I send them another letter can I just confirm from the more knowledgeable of this forum if I am entitled to receive a list of transactions & charges going back beyond 6 years? Thanks

 

MODERATED : threads merged , please keep to your original thread when updating , thanks

Link to post
Share on other sites

You can request all information on you that they hold .They must keep information ,by law ,for 6 years.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

There is a way for us to TRY to go beyond the six years; but it is as yet untried. The Statute of Limitations Act says that if "they" concealed from us that their charges were unlawful, then the six years to mount a claim begins on the day we find out. However, there are other laws which state that organisations have to hold financial information for six years. It's just possible that data older than six years has been deleted.

 

One thing though; under the Data Protection Act, if the bank DO hold your data for more than 6 years, they must supply it all. So like seminole says, if data 60 years old exists about you in a relevant filing system, they must supply it.

 

I just think that they've deleted it, that's all.

 

LOL - mjanet said what I said... only much quicker :p My only excuse? I was writing at the same time as her... lol.

Link to post
Share on other sites

At the moment I have started the claim for the £900 charges contained in the 6 years of statements they supplied but if I can get hold of the pre-6years charges I estimate those to be around £1,500 to £2,000 so think it is worth also pursuing that as a separate claim if I can get hold of the details of those charges. I've read up on the Limitation Act threads and understand that it will be a less certain outcome but a risk willing to take.

 

Regarding the claim, I sent the prelim letter and received a reply saying they will investigate and will be in contact within 7 days. This week a letter arrived saying they regret to advise that the enquiries are not yet fully complete and a full response will be sent as soon as the outcome of the enquiries are complete. I'm not sure if they are giving me the run-around or stalling tactics but I will give them extra time and if I don't hear anything within the next week or two I will issue the LBA.

 

I sent the below letter on the 28 May to the Data Controller and they replied with an exact same letter and statements that I had already received (minus the May 2000 statement as that has now dropped off the 6 year cut off period). I will send another letter regarding non compliance of the DPA but I'm thinking it might be best to keep everything under one roof and address it to the same Customer Relations Advisor who is dealing with the claim.

 

-----------------------------------------------------------------------------------

Data Protection Act disclosure request

 

Dear Sir/Madam

 

Account: xxxx xxxx xxxx xxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request. The disclosure of personal data is incomplete in that you have failed to provide a complete list of transactions and charges.

 

You have provided me with details of the account covering 6 years starting from statement dated 26/05/00. My request was for you to furnish me with all personal data from the inception of my banking business with you.

 

I do understand that you are not obliged to keep data longer than 6 years, however, should that data exist then I am entitled to a copy of all the data you hold. Under section 7 of the Data Protection Act 1998 I am entitled to any information which you hold on me (not just the information covering the past six years).

 

If it is the case that you have destroyed all information that is over 6 years, then please confirm that to me. Otherwise I require you to furnish me with all personal data you hold in accordance with the DPA.

 

Please note that time for compliance with my request will shortly expire.

 

Yours faithfully,

----------------------------------------------------------------------------

Link to post
Share on other sites

Good letter... that should shake them out of their beds!

 

Maybe you should also remind them that failure to comply within the 40 days will result in a complaint to the ICO and possible proceedings requesting an order that they comply.

 

(Tell them that, but because it's so close to deadline now, give them a bit of time to assimilate this letter before you DO either of those things).

Link to post
Share on other sites

Received a phone call from the Co-op who said they kept no data over 6 years old! It's a shame as my brother estimates the amount of charges he paid going back over the years would have been around 1.5 to £2000. I've read posts about issuing an estimated claim where the banks have failed to provide details of charges - but I guess that is not possible for charges over 6 years without having actual proof of the charges?

 

Regarding the present 6 years charges they said another department is dealing with that and will hear shortly.

Link to post
Share on other sites

  • 4 weeks later...

Just an update; I should have done this earlier but having received yet another bog-standard letter saying their enquiries are still ongoing, I've now issued the LBA.

 

I've given them more than enough opportunity to sort this so if they can't decide on a date when their enquiries will be complete - then I will!

Link to post
Share on other sites

RESULT!!!

Just received a phone call from my Brother to say he has received a letter with a cheque stapled to it for £885. Initial claim was for £910 but they duplicated one of the charges and had already refunded that. (they don't miss a trick!) Thanks for all the help, much appreciated. Will make a contribution shortly. Cheers.

 

P.S.

Could a mod please re-name this thread to something more apt, like [Panther-v-Co-op Result]

Link to post
Share on other sites

So, did they give YOU a cheque after you sent your LBA?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

So, did they give YOU a cheque after you sent your LBA?

Yes (my brother). They paid 6 days into the LBA. They had already closed the account a few years ago when he first defaulted so over the years it has only been used to pay off the overdrawn balance, which they kept on applying charges even for being a day or two late in payment.

 

P.S.

Could a mod please re-name this thread to something more apt, like [Panther-v-Co-op Result]

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6455 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...