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    • Djokovic is back in the news - the BBC has cast doubts on the date of his covid test prior to arriving in Australia. They've done some clever research with serial numbers and QR codes but the Serbian public health authority isn't giving information.   And Nadal is a step closer to his 21st Grand Slam title, which would make him the first male player to reach that. He won't be able to compete in the French Open under France's current rules which require all sportspeople to be vaxxed.   Novak Djokovic: Doubts over timing of Covid test WWW.BBC.COM The BBC has uncovered fresh evidence questioning the timing of Novak Djokovic’s positive Covid test used to enter Australia.  
    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. 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.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Chica v's Abbey again!!! ** WON POST OFT**


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Well after my success first time round, I'm now claiming back from September till now. Another £500 quid. I've sent prelim and LBA and here is the reply:

 

Thank you for your letter about the charges on your account. I have now carried out a full investigation on your behalf. I'm sorry you are unhappy with the charges and I understand you would like these refunded. I can confirm the charges were applied correctly, as you had insufficent available funds at the time. As we have previously refunded charges as a gesture of goodwill, I am unable to agree to refund any further.

I appreciate your feelings on this matter but we are satisfied that the charges do not contravene the Unfair terms in Consumer Contracts Regulations 1999 or common law. We also comply with the OFT, in dealing fairly and openly with our customers.

 

The OFT annoucement was in realtion to Credit Card default charges and not overdraft default charges or other products, such as Bank Accounts. This means our Tariff of Charges continues to apply.

When opening your account you were provided with information detailing the T&C's. W ehave also sent you regular updates and Tariff of Charges, which details the amounts of our charges. I have enclosed a further copy for you.

 

To avoid further charges, please ensure there is enough money in your account to cover direct debits and other payments made. I would also recommend checking youtr balance regularly.

 

You have asked Abbey to provide a breakdown of how our charges are apportioned. Abbey are not obliged to provide the specific information you have asked for. Our charges are not out of line with other financial institutions within the UK and are outlined in the T&C's of your account.

 

Please be assured I have carried out a full investigation for you and I hope you feel I have offered a considered and complete response to all of the issues you've raised. I will keep your file open for 8 weeks and if I don't hear from you within that time, I will assumed everything is resloved and will close your file. If you remain dissatisfied though, the leaflet you'll find within this letter explains your rights and how to take your complaint further.

 

If you remain unhappy with the response form the Complaints Department, you have an ultimate right to refer your complaint to the Financial Ombudsman Service.

 

Yours sincerly, Gerry Kane Senior Customer Relations Manager.

 

 

Looks like its time to file a court claim again!!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 1 month later...

Claim issued 20/04/2007. Deemed as served 25/04/2007. Abbey has until 09/05/2007 to reply. Roll on my money!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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welcome back Chica....lol I'm on claim number 2 as well. Seems like they just don't learn...or even care

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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  • 3 weeks later...

Have recieved the defence from Abbey. Exactly the same from my first claim!!! Do I need to wait for an AQ or do I submit my witness statement now? It's been so long since I've done this!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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wait for the courts if it was mcol they seem to be dispensing with the aq now

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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  • 3 weeks later...

Having problems filling out my AQ!!! Need help with N150 Other information: When it says have you attached docs to this questionnaire...is that asking me to attached all letters etc again?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 1 month later...

Update on the case: Abbey were due to file their court papaers, witness statement etc by 4pm on the 13th. They didn't. This morning, I got a letter from them dated the 12th offering me £50 on a claim of £750. I don't think so....have I not won anyway seen as they didn't file the papers in time? What should I do about this letter? Thanks

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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oooo If they didnt file court papers then ring the court and see what you should do next, it might be worth you going ofr judgement, what papers were these by the way, were they in respect of an order by the court?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The papers were their witness statement etc. I phoned the court and was told i would have to wait until the 27th when it goes back to the judge for his decision. Should I write to Abbey and say thanks but no thanks for the £50?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 1 month later...

Update:

The 50 pounds was applied to my account as a gesture of goodwill. The Judge gave Abbey a second chance to file their witness statement. It was due to be filed on the 22nd of August. Abbey still didn't file so I rang the court and they told me to request a Judgement by default!!

So yet again I won!!!

Just waiting for my cheque now!!

Thank you Abbey!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 2 weeks later...

Hi chica,

well done and big congratulations for a well deserved win second time round. Result!

Well done

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

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