Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

BackStreet V Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6189 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

Just in the process of submitting my Moneyclaim Online, and am a bit stumped.

 

In the template kindly supplied for completion of the form online.. there is a line that reads:

 

Interest per S.69 County Courts Act 1984 of 8% - £_ _ _ and a space for the total interest claimed..presumably from the start of the charges claimed back.

 

But under the template is a big notice not to put a figure in here?

 

Confused now, do i put the figure as per the template, or do i leave it out to be presumably calculated later by the court?

 

Could really do with a quick answer on this please, as my claim is on hold until i know what to put..

 

Thanks a lot

 

Keith

Link to post
Share on other sites

Keep to your timetable - 14 days is enough time for a big company with employing the amount of staff they do!

S.A.R - (Subject Access Request) sent (Recorded Delivery) - 28 December 2006

S.A.R - (Subject Access Request) Acknowlegdement received 6 January 2007

Statements received 10 February 2007

Prelim sent (Recorded Delivery) - 13 February 2007

Prelim Received - 14 February 2007

Prelim Acknowledgement received - 20 February 2007

LBA sent (Recorded Delivery) - 1 March 2007

Link to post
Share on other sites

Any charges you get just keep adding to the spread sheets. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Thanks for the advice. I need it!

 

Is it ok to amend the amount claimed to include other charges they have made, both after i claimed, and from before that date, as I did not include the extra interest payments they deducted from my account, so if its ok to amend the amount now, I will also include those too. That would add several hundred pounds to my claim..

I was under the impression that i could not claim the extra interest payments only the actual charges made?

If thats not true, thank God I found this site before it was too late to count!

I think I should go through the Spreadsheet, and make sure the amount i am claiming is correct.

Any advice you can give regarding this, would be most welcome as it is not something i feel confident in doing..

Thank you.

Link to post
Share on other sites

I do get confused here myself but here goes!!

 

You can claim back the interest that they have charged you on charges.

 

ie If you had a £30 overdraft and was charged £30 you are then £60 OD, OK?

Then they charge you £4 interest. Obviously £2 is justified but the other £2 is because of their charges. That's what you claim back. It's a matter of sitting down and working it all out.

 

Good news though you can amend the amount of your claim until you go to court (you can actually amend it after filing in court but it would not be cost efficient usually). Use the spreadsheet and take your time. If you need more just shout.

 

A D

  • Haha 1

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

Link to post
Share on other sites

Thanks for the reply..

will be doing the spreadsheet tonight, so will see if my sums were correct!!

Can you or someone tell me how to work out what part of the extra interest they have charged me for (the extra interest charged as notifed last month bit)..

No idea how to spilt the amount they have changed. I think i read somewhere here just to add the whole amount on? or maybe i got that wrong..

Anyway I will let you know how i get on with it!

Thanks again..

Link to post
Share on other sites

Well..

Completed the spreadsheet as advised, with the interest column deleted from the totals, and including the whole interest charges they have made it comes out to £2825.55.So that is what i will be amending my claim to .. thats up from £2330 and includes new charges since Jan this year.

If folk think that I can send a revised claim in to the Halifax now, and claim all the interest charges notified, i will send this when the initial 14 days are up, and giving them the next 14 days to settle or i will summons them. I believe thats the advice here anyway. That makes it the 25th as i sent the last letter to them on the 11th, and although they have sent the usual 8 weeks letter to me, i think i should still wait until the 25th and continue on the path.

Thanks for the help so far, and if you think I am wrong in anything, PLease let me know..and wish me luck..

Cheers

KE

Link to post
Share on other sites

Well its time for the LBA to be sent. Following on from advice seen on here on various threads, i have allowed two days extra posting time, and the letter goes out tomorrow, with the revised claim attached :-D

 

hope they are in a generous giving kinda mood for the next couple of weeks ...:roll:

 

Wish me luck folks..

Link to post
Share on other sites

You will be fine, As long as you follow the advice on here, you wont go far wrong...!;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Hi,

Could do with a bit of advice please...

 

I am sending the LBA to the Halifax later this afternoon or tomorrow, for a claim from 1 Jan 2005 to date.

 

I still want to obtain and get back any fees that we had to pay before this date.

 

Assuming that the Halifax settle my claim, can i then ask them for the details of charges from before the 1st Jan 2005 and go through the same process again to get those back, or would it be better to wait and do it all at once?

 

I don't really want to wait again for statements etc. cos they could take another few months to come..

 

Lastly, if the Halifax settle, do they make you sign a disclaimer? to say that the settlement is in full and final payment of all claims? i.e. stopping me getting the previous fees back..

 

Thanks for any help you can give with this..

Link to post
Share on other sites

If you get a letter to accept the amont, it does say full and finaly settlement, Dont send that one back. We have one here.

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Also if you sent your SAR you should have all your statements.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Thanks for that sea-sidelady, its a great help..

As for the statements, I thought that I had asked for all the statements back, but we got a bit confused and my wife told me that she thought we only opened this account a couple of years ago. But we should still have had all the statements from the start, and we didnt get them it seems. In the meantime I got a bit impatient and started the claim from Jan 2005 to now, and will get the older statements later on!! if that makes any sense!!

 

So now will wait till this one is done and then start on the next one..:D

 

Thanks again, very helpful.

Link to post
Share on other sites

Just received the March statement from the Halifax and they have charged us another £240 in charges last month!!We were just over the limit, and now are £250 over it!!

Can i just add them to the claim, and send them a revised claim now?

Also if i do that does the original 14 days from the LBA to my filing court action stay the same, as i send that off about 8 days ago, or does it need to be extended at all?

Sorry to have ever more questions, and thanks for the help.

Link to post
Share on other sites

You can keep adding to your spreadsheet until you file, it makes no difference to your time line.

 

But once you have filed at court then it will cost you £35 which is non returnable. You would need the N244 application form.

 

So just add the £240 before you file.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Thats great, thank you for that..

 

One other thing though.. what happens if they actually decide to settle before court?.. do i insist on the extra amount being added, and has that worked for anyone else before me, as it must have happened before?

Link to post
Share on other sites

Hi,

Tomorrow is Court filing day.. 14 days plus 2 for postage etc.

Is it a good idea to ring the Customer services person who sent me the 8 weeks letter before i do that to give them a chance to settle?

Or is it better to just go ahead and file at court without further contact?.

At least that way it gets 8% added eh?!!

Any advice would be welcome.

 

Thanks

Link to post
Share on other sites

Thanks Chris for the advice. Thought it was worth a try also.

 

That was a total waste of time...

 

kept on hold for nearly 30 minutes, only to be told that they definately had 8 weeks to reply, and there was a large backlog of claims, and they were taking them in strict order. they would possibly make an offer, but i would have to wait my turn as it would be unfair to others to deal with my claim before those that had waited the 8 weeks.

Explained to the lady, that i had waited 16 days(allowed 2 for bank holiday), and had sent them a letter to say 14 days before i submit it to the court and that was time up today, and was basically told, go ahead, as there was nothing that she could do.

So looks like i will send it to the court tonight..

wish me luck...:D

Link to post
Share on other sites

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Thanks for that.. its appreciated..

 

Still a long way to go then it seems?

 

What sort of percentage of cases actually end up being defended by the banks in court?

 

and conversly ..what sort of % of cases do the banks pay out on before judgement can be obtained?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...