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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. And, I also continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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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!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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