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    • Keep Princees Roxy's stuff for if they did try court, they would be stupid to do so.
    • Try using  3 lines  your line 1, 3, and 5,  less is more don't give them any idea how you would defend at WS stage, just hang fire until the other team member's have had a look.
    • no use flamjams one.   you simply copy and paste it as is   1.  It is admitted that Defendant is the recorded keeper of xxxxxxx   2.   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.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner   3.  It is denied that the Defendant breached any terms and conditions set on private land.   4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.   5.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • BUT the account should not be showing on your file as it's DN is outside of 6yrs.   incidentally, the home was repo'd in june 2013?   if thats the case the shortfall is now more than 12yrs so thats dead too.
    • Pasting my proposed defence below - it is due on Monday, but I'm away all weekend so I will have to submit it tomorrow. Thank you to all the people on the forum who contributed on all the other posts that allowed me to 'borrow' all of this info.   On a number of threads I've seen particulars of claim noted above the defence, should I include that or leave it out when I submit the defence? Not sure if it's intended to be helpful for the judge or s/he would take a dim view of it if I did?   Just on point 3, I wasn't the driver of the car, should I say that or not?     Particulars of claim (for reference only) 1.The claim is for a breach of contract for breaching the terms and conditions set on private land.   2. The defendant's vehicle, XXX XXX, was identified in the Liverpool John Lennon Airport on the 16/01/2018 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. 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.   6.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.     Defence   The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply  with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It’s 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. The claimant is not in a position to state who the driver was at the time.   4.  Paragraph 5 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Liverpool airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.   5. Paragraph 6 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.    Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered.    The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.   The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.
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Sick of Abbey v Abbey


SickofAbbey
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I am putting together the court bundle but don't have a copy of the banks terms and conditions. Does anyone know where I can get them?

 

A reply would be really much appreciated as when I have asked questions in the past no one seems to answer. I am getting totally scared now.

 

I'm getting married on Saturday and am stressed to death with that as well as this!

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My other half is due in court in 10 days time. I sumbitted his court bundle and sent a copy to Abbey. I rang the court and Abbey have not submitted anything. Is this usual?

 

Also if they ring to offer do we accept only the bank chargaes or the charges plus contractual interest AND the daily rate of interest that would be set by the court and court fees?

 

Any help would be appreciated. Thanks

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hi - i am due in court on 10th august - against abbey - i rang and abbey havent submitted anything.. this, i hear, is quite the norm.

if they ring with an offer.. which in light of the current situation with the test case, is possibly unlikely.. just be prepared! if you need the money now and cant wait.. then i would take it.. but its all down to personal circumstances.

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In court tomorrow at 10am. Getting quite scared now. What if they show up? The luck I have that will probably happen.

 

Do I have to say anything in court? If they turn up do I just go through my defence and court bundle with the judge and argue my point with them?

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oh blimey - i feel for you.. completely.. im in court the day after.. and its all getting a bit close and a bit real.. the realisation that the postie is going to bring anything promising is becoming ever slim.

i have just had a read through this.. which may help

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

i doubt very much the bank will turn up.. but i think someone more qualified should tell you what to do, should they turn up!! i will probably just start flapping and stuttering.. so thats probably not much use to you!

 

please please let us know how you get on.. and if there are any developments in the mean time.. have you rung the court to see if everything is going ahead as per?

 

fingers crossed for you!

 

marmite x

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Oh My God, just rang my local court (Newcastle upon Tyne) and gave them the claim number, the guy said that Abbey have applied for a stay pending the OFT Test Case result. The Judge has informed Abbey that they must apply on an individual basis rather than use a blanket stay for all claims. They must attend court tomorrow to apply for the stay.

 

He said the hearing is still on for tomorrow.

 

I asked if any of the banks had shown up in the past and he said that in the past they always settled before they got to court but now they don't in light of the OFT Test case. He said no banks have as yet shown up. (They will tomorrow I can guarantee that!)

 

I'm really panicking now.

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Well I was right.

 

Abbey sent a barrister to apply for a stay. The deputy district judge said that he had just received dircetions this morning from the high up Judge in Newcastle upon Tyne informing them that all cases must be stayed until a decision has been reached in the OFT High Court case or 1 October 2008 whichever is the sooner. Then claimants have until 28 days from that date to resubmit the claim or it will be struck out.

 

The Barrister seems to think that it will go before the High Court in January.

 

This hearing was for my husbands claim, mine is due on 28 September. The barrister was really nice, turns out I work for the same firm as his girlfriend! He said that I should write to the court asking what action I should now take i.e Do I still have to turn up on 28 Septembet, given what has been said this morning.

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  • 1 month later...

Just got back from court this morning for my bank charges claim. Abbey again sent a barrister to apply for a stay.

 

The judge was lovely. She told the barrister that she couldn't find any papers in regards to the application for the stay and he said that he was here now to make the application. She told him that it wasn't good enough and he explained that because of the volume of these cases banks left it till the last minute.

 

She said that in that case she was awarding me costs for my time and gave me the maximum £50!

 

She stayed the case though pending the outcome of the test case as she said it wouldn't be fair to rule now. I thought she was going to at first!

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  • 4 weeks later...

Well Abbey's 21 days were up last Friday to pay me my loss of earnings of £50 and yes you've guessed it nothing has appeared. I have just rang the court and they have told me to apply for a warrant of execution in order to send the bailiffs round! It will cost me £35 but I think it will be worth it!!!!!

 

Has anyone else had to do this and if so what happened?

 

Cheers

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oh yes, baliffs have been called in before, they pay up - eventually, plus they have to pay the baliffs fees, might be worth emailing Inga and Ronan together informing them that if they dont contact you by tomorrow regarding payment then you will have no option to call the baliffs as the court has advised at which time they will be liable for the further costs.

 

I bet they ignore you though, they like brinksmanship, no matter how much it costs them

 

[email protected]

[email protected]

 

put on a read receipt like message tag which give you an automatic, whether they like it or not, notification that they have opened the mail

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 11 months later...
Well I was right.

 

Abbey sent a barrister to apply for a stay. The deputy district judge said that he had just received dircetions this morning from the high up Judge in Newcastle upon Tyne informing them that all cases must be stayed until a decision has been reached in the OFT High Court case or 1 October 2008 whichever is the sooner. Then claimants have until 28 days from that date to resubmit the claim or it will be struck out.

 

 

HELP!!!!!

 

Do I have to do something before Wednesday next week when the DJ ordered that my case must be stayed until the outcome of the Test Case or 1 October whichever is the sooner?

 

I have just been letting it carry along until the outcome but have just realised that I may have until next week to resubmit everything.

 

Any help would be appreciated.

 

Ta

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Just to let you know....

 

I have just rang the courts and the guy in the office has said that he has spoken to his line manager and they will have to speak to a judge on Wednesday next week (1 Oct) to see what is happening with the stays and to get some direction and that I have to ring back then!

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