Jump to content


  • Tweets

  • Posts

    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
  • 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

johnie depp v bank of scotland


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6222 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

LBA = Letter Before Action, You can find it in the bank tempates library. It basically gives them 14 days to repay the charges and if they don't you will pursue the claim through the courts.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Your welcome johnie. Good luck with your claim.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

so far recieved no replied to my initial letter, checked the rec delivery had been delivered and it was recieved on the 13th so its now onto the "ignore" template letter giving them 5 working days to reply or I will complain to the financial ombudsman that they have failed to reply to my complaint.

posting it today so 3rd letter will be due to besent on 28th mar will keep an update if anything else happens in between

 

cheers jd

Link to post
Share on other sites

Many of the banks are being swamped by the prelim letters and many people do not get any response at all. If you have proof that they received your prelim letter, then count 14 days from the date of that letter and then send your LBA. As long as you have proof of them having received your letters, just stick to the timescales.

 

Prelim 14 days

LBA 14 days

Claim

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

thanks jowalshy forkeeping me right, in my prelim letter the template said they should reply within 7 days of reciept, i'll give them to the 28th as by that time it will be 14 days since the prelim letter, and i'll then send off the LBA ivereally got the bit between my teeth and am definately going the full way

 

cheers jd

Link to post
Share on other sites

You're welcome jd, just keep reading as many threads as poss to keep you up to spead with all that goes on. If you have any problems just ask.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Recieved letter today dated 20th march stating "that we are sorry to learn you are unhappy etc...... and that the Financial Services Authority gives them 8 weeks to investigate and respond to complaints?

 

Any advice on whether I should wait till then or press on with original deadline as set out in the LBA.

 

Cheers JD

Link to post
Share on other sites

 

Yep, agreed. Carry on and stick to your timescales johnie. When they say in the letter "Financial Services Authority gives them 8 weeks to investigate and respond to complaints" that means any complaints. You dictate the timescalce not the bank.

 

(as joewalshy said):)

14 days prelim approach.

14 days LBA.

File claim in court. (doubt it'll go that far with hbos)

 

Don't take the first offer they give you if it's not the full amount (or as close to it as you're willing to settle). They know that if you go to court you'll be adding on 8% interests and they'll have to pay costs as well as paying you the full amount. They'll back down and offer you the lot..

 

Good luck and I'll keep you updated on my claim 'cos we're at similar stages:grin:

  • Haha 1

BOS :D.P.A/S.A.R - (In Branch) 28/02/07

PRELIM - 06/03/07 (std 8 wk reply recieved)

LBA - 20/03/07 (ignored)

COURT PAPERS FILED - 04/04/07

SETTLED - 17/05/07

CAPITAL ONE :DPA/S.A.R - 06/03/07

PRELIM - 12/04/07

LBA - 27/04/07 (ignored)

COURT PAPERS FILED - 14/05/07

 

If I've been any help please click the scales and let me know.

Whilst only too happy to help in any way I can, any advice given by me is done in a completely lay capacity and has been gathered either from research on this forum or from personal experience. I am NOT a lawyer...... IF IN DOUBT SEEK PROFESSIONAL ADVICE...........

Link to post
Share on other sites

Hi jd, I received a letter the other day saying "sorry for not getting back to you, still investigatin etc." but the day before I received an offer from them (didn't accept as it wasn't the full amount)

 

Keep to your timescales and good luck

 

JW

  • Haha 1

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Ooooooooooops. Wrong bank. The post above relates to another claim with HSBC. Sorry....lol.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Hi Guys looking for some help I'm now beginning to prepare my LBA in a template from the Library Some questions I have are The LBA begins with stating that I am very disappointed that you have failed to respond to my letters of the 09/03/07. But they did respond saying they were justified in their charge etc.?

also it says "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

How do I work out the overdraft interest or is this the 8% calculated on the spreadheet. Sorry if this sound a bit stuoid but I'm reaaly not sure if this is the correct template letter for me

 

 

JD

Link to post
Share on other sites

Hi jd, you need to rework the letter to suit you. State that they have not replied satisfactorily to your letter.

 

The interest is not the 8%. If you use the advance spreadsheet in the templates it will take you through how to claim the interest you have been charged on your charges

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

It is in the bank templates library No 6 Interest calcuation spreadsheets. Click on England Advanced - Excel . Save it and then fill it in. There will be the instructions on how to use the spreadsheet on the left with the actual parts for you to fill in on the right (pretty blue and yellow colours on it) If you still can't find it, pm me your e-mail address and I will e-mail you a copy of the one I have.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

hi jowalshi found the spreadsheets THANKS

 

Now I'm started im a bit confused.

in the interest columns it has not calculated interest for some entries and the total interest for £2600 claim is pushing the Fig Up to £25,332 ????? must be doin something wrong

any ideas

 

I could PM you if that helps

 

Cheers JD

Link to post
Share on other sites

wowwwwww! sounds very good but I don't think its correct. PM me and I will have a look to see what you have done.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Hi JD, Did you send the spreadsheet? Only message in PM box. I have PM'd you my e-mail address so you can send it that way.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Hi Guys having probs with the scottish version of bank template letter the english version seems to calculate the interest fine, is this a problem anyone else has encountered or should I ignore claiming with interest and stick to claim for charges + judicial interest

any advice would be apprieciated as I'm sending my LBA tommorow

Cheers JD

Link to post
Share on other sites

Hi jd, You have to work out whether it is worthwhile you claiming the interest at this stage or whether to claim the 8% at MCOL stage. I personally worked out my interest to be only about £20 so therefore didn't bother. If you were in credit at the time of the interest being deducted from your account (which in my case I was), the spreadsheet shows a big fat zero to claim back. The decision is entirely up to you.

 

Good luck in whatever decision you have made and keep us informed on how it goes.

 

Take care

 

Jo

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

HELP PLEASE can anyone advise on scottish complex spreadsheet as when i try to use it it will not calulate the correct sums for me? the english one seems to work fine? need this for my LBA tommorrow so ANY HELP BEFORE THEN WOULD BE GREAT

Cheers JD

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...