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    • Dont really think that cuts it.. simply the above only covers your set aside reason.   put the you have evidence you informed the original creditor of your current address on xxx ..some xxx months/years before the ccj.   id also drop the embarrass ed defence bit at the end.   what defence are you offering that you dont owe the money? Simply saying the claimant might not have paperwork is immaterial. The ccj trumps that.  
    • ther thing we need to do is identify the land correctly, so state where exactly it was. If you mean the Tesco/aldi car park  then there is a sign at the entrance but that isnt an offer pf a parking contract with charges fro breaching it so maybe an invitation to teat at best. Cant tell who it is with though so not good for these bandits
    • Hi,   I've been sent a claim form from Hoist finance UK Holdings, after speaking with them I believe it's with Robinson way.   I dont recall ever being sent a letter of claim beforehand, the debt is a Barclaycard and the amount if around £1500.   Speaking to robinson way they are unwilling to negotiate with me and simply told me to return the claim form.    Is there anything I can do to avoid the CCJ, I'm happy to arrange a payment plan with them and certainly would've if a letter of claim was sent.   Thanks 
    • you have to look back a long way to get all the info you need on contract law that covers the contracts offered by the parking co. let us say wha it is if worded properly, it is a unilateral contract, which is basicaly an advertisement of something that by your actions you accept. they are enforceable as such. CARLILL v Carbolic Smake Ball Co is the mainstay on adverts as contracts.   Burden of proof- well that is a 2 way street in this case as they will say that they had lots of signs so you must have read them. we say that they need to be specific to the circumstance of a motorist entering private land in a car so they ahve to be legible and transparent at the point of entry from the public highway or it isnt a proper offer. Get the signage right and the fact that you drive in a manner that would get you nicked by not paying due care and attention wont allow you to claim that you didnt see the signs. the reality is though that the signs are often piddlingly small, hidden or unlit and usually without the necessary planning permissions so thre illegallya dn thus fail to create a contract.   demand for payment  within 14 days at a a time well after the correct NTK/NTD was issued is OK, problem is that many of the original charge notices are duff so no liability exists.   youcnat ask for other people's personal data, only they can. If you were the keeper at the time then it will be you they are chasing but other than that all you can do is get her to name you as the driver ands ee if they want to obey the law and start all over again against you.   Now as the original Northern Parking services were wound up by the govt for being naughty you should look up the original paperwork you still have and see who the creditor was at the time. Also get pictures of the sigange as all of the signs from the Co I have seen fail to mention the new version of the company and that makes the contract offered by the signage void.   so for example the secod letter of calom that is headed Northern Parking Services - no such company, it was wound up and this lot either dont know who they are or are too lazy or stupid to explain themselves. There is no tie between the 2 companies with similar names so why are they passing themselves off as a bunch of out of business crooks I wonder? I suspect that they took over the books of the wound up co and failed to explain themselves to the old clients and just carried on. Now that will be somehting to explore IF they do take you to court.   We really need to see the signs(ideally as they were back then so streetview archive images plus new photos please) if possible along with the original paperwork and an idea of when they dropped through your letter box with reference to the 12+2 days allowed under the POFA.   If you can get that then it will be fairly easy to compose a stinging response to their LBA.
    • The timeplate only relates to the parking bay. The SYL's are governed by the times on the entry signs to the Controlled Parking Zone. I've looked on Croydons website but can't find the restriction times for Zone W. The T-bar is no longer a requirement, but the SYL must be substantially compliant, which from your photo I would say it is.   You need to get a resident permit or at least visitor permits ASAP or you're going to continue to get more pcn's  
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Happygilmore

Happy v HSBC

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I dont know if i should print my statements off as i just browsed through each month online and totted up the charges , came to £2991 :x

Sent my prelim letter off yesterday so the clock is now ticking.

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i just did as you have, gone through them all online and put them into a spreadsheet, for possible future reference, sent mine of yesterday (£4115 :mad:)


HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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who did you send your preliminary to?


HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Just addressed it to the Branch Manager of my local branch.

Then sent it recorded delivery.

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Hi Happy,

 

For calculating the charges online statements is fine. However, the DPA request asks for notes and evidence of manual intervention. If there has been evidence of this, the bank could justify their charges by saying they had to 'work' on your account.

 

My suggestion would be to make a DPA request ASAP, but start to calculate your charges anyway. It is unlikely you will get more than statements from HSBC anyway...

 

Once you are 12 days into the DPA request, you can issue your prelim, safe in the knowledge that if the bank does provide this evidence, you will be in a position to consider whether to raise a claim or not when the time comes.

 

Good luck and keep us posted.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ive already sent my prelim letter off , do you think i should send a dpa request tomorrow then just delay my LBA by a few days?

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Yes - that sound about right. Don't forget - the option to raise a claim remains with you, so you could do letters one and two, and then wait until the DPA 40 day limit is up before raising your claim. Don't forget to allow a couple of days for the bank to receive the DPA letter, include the stautory maximum £10 fee, and send it recorded delivery to your local branch.

 

Good luck.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes - that sound about right. Don't forget - the option to raise a claim remains with you, so you could do letters one and two, and then wait until the DPA 40 day limit is up before raising your claim. Don't forget to allow a couple of days for the bank to receive the DPA letter, include the stautory maximum £10 fee, and send it recorded delivery to your local branch.

 

Good luck.

 

Oh bugger! I didn't do that! Added up charges online and then went straight to Preliminary! Mentioned manual intervention aswell! Is this going to screw things up for me????


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

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Oh bugger! I didn't do that! Added up charges online and then went straight to Preliminary! Mentioned manual intervention aswell! Is this going to screw things up for me????
Probably not - as I say, HSBC are not likely to send anything more than statements.

 

However, you could do as I suggested to Happy: send of a DPA request ASAP, but continue with the rest of your timetable. Just delay raising your claim until the 40 day deadline expires. That will prevent any nasty surprises after you have raised your claim...


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I didnt get any kind of reply from my prelim letter and the 14 days will be up tomorrow.

Will be posting LBA tomorrow afternoon.

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Recieved letter from bank saying that they have stated their position in previous letter so starting claim with money claim although having a few problems with particulars of claim.

When clicking the reserve the right to claim interest tab i get pop saying

Do you want to reserve the right to claim interest?

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

where it says {put the amount} is that the total amount of my claim including interest and also what do i put in {enter the daily rate of interest}?

Hope someone can help me out , thanks in advance.

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where it says {put the amount} is that the total amount of my claim including interest and also what do i put in {enter the daily rate of interest}?

Hope someone can help me out , thanks in advance.

 

No, this is the amount of interest at 8% on your total charges from the date of the first charge to the date you submit the claim

 

Daily interest is total charges times 8% divided by 365, which is added for every day between the date you submit claim and the date the claim is settled.

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Would my total charges be including the interest?

If so it works out to be 3753.85 x 8% /365 or if it doesnt it would be 3133.50 x 8% /365.

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The daily rate is the claim amount x 0.00022

Your claim is roughly the same as mine, so it's going to be about 75p per day.


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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That would make a daily rate of £9.27 , does that sound right?

 

That's a great daily rate, if only it was true!!!

 

:D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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works out to be 82p :) , £9.27 sounded a lot nicer though

 

One of my fav films karnevil :)

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Excellent!

Your money is very close now, about 15 to 20 days tops.

Can you smell that cash?

 

Crusher :-D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Recieved a letter today from D G Solicitors reading :

Dear Sir

Re : Yourself v HSBC Bank plc

 

We have been instructed in relation to your claim you hvae recently issued against hsbc. To enable our client to consider your claim please supply a breakdown of the amount you are claiming.

 

 

 

 

What do i send them? A complete list of every individual charge or just what the charges total up to and then seperate list how much interest i am claiming?

 

Also recieved letter from moneyclaim saying that Acknowledgment of Service has been filed and then ive got a copy of the Acknowledment of Service.

D G solicitors

12 Calthorpe Road

Edgbastion

Birmingham

Are the solicitors involved and they have ticked the I intend to defend all of this claim box.

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They should have the full details of the amount claimed then shouldn't they? Hopefully a moderator will be along to advise you but if the same solx are acting then they should have received full details of the claim, they should have it?

 

x

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Absolutely positive it is stalling tactic Karnevil....

 

...this site makes me wonder if I am going into the right profession - I went in thinking I would be upholding law and seeking justice:?

 

Sorry to hijack your thread Happy and Good Luck though.

 

x

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 247 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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