Jump to content


  • Tweets

  • Posts

    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
    • Hi  I'm not able to overwrite the red writing to give answers on the questionnaire.
  • 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

Michelle V Abbey


cookie121
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6166 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

Hi I have been looking around, and trying to acertain whether or not the alternative approach as posted in the stickys is now the standard approach procedure in respect to an SAR, we have some statements, so could proceed, has an alternative template been posted yet can't find it?

:) :) :)

Timeline

Link to post
Share on other sites

Cookie121, not entirely sure what you mean by alternative SAR approach. I think the alternative approach refers to Allocation Questionnaires which is some fun you can have much further down the line (after you actually file your Court Claim - scary but don't worry, by the time you get to that point you'll feel like Rumpole of the Bailey). No, if you've got the statements for the last 6 years, crack on straight to the PRELIM letter. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

Hi Nick,

 

I was referring to this thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/18505-abbey-draft-alternative-approach.html

 

and was wondering if abbey are now conforming with the SAR or are they still using delaying tactics. Are people trying his alternative approach if this is the case. We do not have all statements just a several months. I am helping my girlfriend reclaim her charges and I am also reclaiming from First Direct. Different banks have differing methods of doing thing, just trying to do some homework that may save me time later?

Timeline

Link to post
Share on other sites

cookie, I see. No, in about September Abbey got a good kicking from the Information Commissioner about withholding data. The IC adjudicated that the data was held on a relevant information system and fell under the Data Protection Act. Since then they've been behaving themselves - most people seem to get 6 years worth of statements/microfiche within about 3 weeks of an SAR. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

I think they might all have learnt a lesson from Alliance and Leicester on that one

 

I doubt it since it seems A & L have learnt the lesson yet, I are threatening to close my acc if i reclaim my charges!

Link to post
Share on other sites

I don't know if you heard about this then:

 

The Financial Ombudsman has recently adjudicated in a complaint against the Alliance and Leicester bank on the matter of a retaliatory account closure. The Ombudsman found that the account closure of a Consumer Action Group user was merely a response to his claim for the recovery of unlawful bank charges.

The FOS awarded the complainant £175 (of which £50 had already been paid by the bank)

The Financial Ombudsman found that although the bank was within its contractual right to close the account, it was also required to operate the account contract fairly. The closure of the account was unfair because it was carried out in retaliation and as a punitive measure.

Timeline

Link to post
Share on other sites

  • 3 weeks later...

just about to send Prelim, but am unsure about what I can claim and should they be listed separately in the letter, I am confused between terms only, are cheque clearance charges classed as an overdraft charge too?

Timeline

Link to post
Share on other sites

Hi Cookie

You need to list all charges on one of the spreadsheets in the templates section all as seperate charges ie dd unpaid, so unpaid, returned cheque etc., it will calculate everything for you.

You will find lots of help and advice on here however it is very much a site where you need to read through all the forums and the FAQs and follow the timescales set out in the step by step guide

we all started not knowing very much and learning on the way but never be afraid or embarrased to ask for help

you will find that you become empowered by the knowledge you gain

regards sue

Link to post
Share on other sites

Michelle,

 

Try one of these

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

generally anything on your statements that ends in zero is a charge.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

  • 3 months later...

Hi, OK

 

Abbey have not accepted my rejection just offered to look into my complaint again as expected. So have to start court action.....:( now entering a dark place, where I have not trod before, Can anyone offer some assistance to what to expect. I have left it slightly longer hoping that they may give in and also really can't afford the fees, what time scale are we looking at before getting it back and is there any skeletons I should be wary of preparation that can be started I am planning to submit my N1 directly to my local court as this seems to cut an unnecessary corner as the Abbey are not intimidated by an MCOL claim.

Timeline

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...