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    • That WS is appalling.   I got lost with all the "I", "he", there is only one person being sued.   You, personally, have been great at supporting your dad's mate, but as the mate is presumably retired I don't understand why he/she hasn't used the time to look up WSs that were successful on the forum.    
    • worthy to note on google earth that is the purley way carpark in their NTK pictures and if thats his car , the defence and that WS is not going to work.   he is looking at the WRONG carpark, in his statement, the caravan one with the bailff notice is not purley way !!
    • Having received a claim for a parking infringement in February 2020 my friend went to discover where the Purley Way Retail Park was.   He told me what the 6 shops within this complex were and I then knew that I had never been inside these shops or the car park that is situated in front of these stores.  Apparently, he had also spoken to a member of staff within one of the shops who confirmed that there was no time limit for parking in this car park.   I then replied to this with a defence claim stating the following.    "I have just received notification of a parking infringement which occurred 25/5/19." "Obviously, I can't remember where I was on that day but I have now visited the Purley Way Retail Park where the offence is alleged to have occurred and I can confirm that I have never shopped in any of these six shops in that retail park. also there doesn't appear to be any parking restrictions apart from caravans"     Perhaps I should have said that I had not parked there on that day in question 25/5/19 but that is what I meant.   I received a reply to this defence claim dated 5/3/20 rejecting my defence.   Mr then said he would help me in this matter and he returned to Purley Way Retail Park and took photographs of the entrance and the signs available at the entrance. He then emailed them to BW on the 20/4/20 as shown above after a phone conversation with them.   As requested, the 3 photos (numbered 1,2 and 3) of Purley Way Retail Park. The drive-in entrance is the only way into the units and although the 2 car parks either side of this unit only allow parking up to 3 hours, this car park has no parking restrictions which was confirmed to me by a member of staff about 2 months ago.   I suppose it's possible that a year ago parking restrictions were different and if so, can you please let me know when they changed. He received confirmation that they had been passed on to their client and would get back with a reply.   As he had not had a reply, he phoned on two more occasions but no reply had been received from TPS. Eventually he phoned on the 3/8/20 to be told that they now had a reply, after over 100 days and they would forward it on. On receiving that email, he immediately knew they were not photos of the Purley Way Retail Park (photo 4) as it was a much larger car park and he told that to BW.    On the following day further photographs were sent of my vehicle in the same car park as the previous days offering which is not the Purley Way Retail Park.   He was not completely sure what the car park was but on his return to this county he discovered they were photographs taken in the Lombard Retail Park (photo 5) which is situated over 3/4 mile (1.2km) from the Purley Way Retail Park. I have also enclosed photos of the same car park (numbered 6 and 7) in which you can clearly see the Matalan store and also the Range which replaced Homebase when it shut down.   Bearing in mind that you have shown a photo of my vehicle in this car park it could not be in the Purley Way Retail Park at the same time and I confirm it was not ever left in the Purley Way Retail Park.   I believe that the facts stated in this statement are true.  
    • and where is the claimants WS too? much better to counter theirs than just write some random bits from the internet that might work.   where is he getting the date for WS submission from  what date is the hearing what date must they pay the fee by?   he can be a day or 2 late   might be much easier to simply scan up the court order that states these things.
    • and anything else that directly can be used by the fleecers to ID him here , refs/reg numbers etc. we must abide by GDPR rules.
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    • 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.
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      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.
       
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Offer from Yorkshire Bank- COUNTERCLAIM THREAT


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THIS IS MY MUM & DAD's CLAIM for £790.00 (inc. Intereset @ 8%)

 

No parachute a/c.

 

 

Letter recieved today:

 

Dear ******

 

RE: CHARGES COMPLAINT

 

I refer to your letter dated 30th January 2007.

 

The Bank's position remains as outlined in our letter of 26th January 2007.

 

I would commentthat the responsibility to maintain your account in credit or where applicable within the agreed overdraft limit lies solely with you as the account holder. Charges have been incurred because you have presented direct debits/standing orders/cheques with no funds available to honour them. It is your spending habbits that take you overdrawn or over your agreed overdraft limit, and thus result in the bank incurring costs which were passed to you. The debit transaction applied to your account during this time outweighed the credits being applied.

 

The bank charges debited reflect the operation of the account, our charges are documented within our tarriffs and a copy would've been provided to you ata account opening and by time to time by way of statememnt insert. Furthermore, even if you were successful in your argument, the bank would have a claim against you for damages suffered as a result of your breach of contract in failing to adhere to the terms & conditions of the Account. Such a claim would incur court costs and interest for which you would be held liable. However, the bank would like to resolve this matter without the disproportionate expense of court action. I therefore enclose a cheque for £345.00. this cheque is tendered without admission of liability is in full and final settlement of your claim and your encashment will be taken as your acceptance of this.

 

Please note that as this letter is written in an attempt tp resolve the matter without the need for court action it is without prejudice to the Bank's whole rights and please and may not be founded on in any action to follow without the banks written consent.

AB123uk

 

IF MY COMMENTS ARE USEFUL, PLEASE CLICK MY SCALES!

 

Halifax Staff Current Account WON

Lloyds WON

Yorkshire WON

Halifax Staff Visa WON

 

 

If CAG Helped you..... Why not help CAG!

Click Donate at the top of the forum!

Oyster- I fought the Lloyds will have it's mark in history- have you downloaded your Official Charges Track?

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Standard stuff. They did a counterclaim against me but it's months since I saw a thread where they have done this. Even if they carry out the thread, then you simply defend it. Standard YB scare tactics.

 

It is most important that you rip up the cheque and send it back with a rejection letter. If you cash it they will inform the court that it was offered in full and final settlement of your claim and encashment confirmed you accepted this, whatever you may write to them. They would stand a good chance of getting the rest of your claim struck out, so don't fall into their trap. YB are full of tricks so beware.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I cannot agree to your condition that encashment of your cheque would be in full and final settlement and therefore I respectfully decline your offer of settlement and return your cheque.

 

I would remind you that by insisting your part payment is in full and final settlement and not agreeing to my terms you are failing to mitigate your losses as the interest will continue to accrue on the full amount on a daily basis.

 

I request, once again, that you return to me all charges imposed on this account totalling £xxxx.

 

I will be issuing a claim in the County Court on xx/xx/xx

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So what would happen if they issue a counterclaim- are they successful normally?

 

Also, they have a £1000 overdraft on this a/c, which they would struggle to get elsewhere!

AB123uk

 

IF MY COMMENTS ARE USEFUL, PLEASE CLICK MY SCALES!

 

Halifax Staff Current Account WON

Lloyds WON

Yorkshire WON

Halifax Staff Visa WON

 

 

If CAG Helped you..... Why not help CAG!

Click Donate at the top of the forum!

Oyster- I fought the Lloyds will have it's mark in history- have you downloaded your Official Charges Track?

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They have never been successful with a counterclaim, because they drop it when they pay up. There is a chance that they may use the refund of charges to pay off the overdraft, although you could specifically ask for a cheque in payment.

 

Read other threads and you will see that what is happening here is perfectly usual for YB. They are no different to any other bank in that they will do or say anything in an attempt to stay out of court. If they want to counterclaim, they'll have to go to court and it just won't happen.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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