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    • Hi   I have a conference call with the solicitor on Friday and will raise the issue of quantum then   UU were advised in December of last year that our plans were to employ a specialist to look at the land and produce a report and we invited their comments. Our last correspondence via our 'employed' solicitors was back in January and UU issued a final letter saying that they were happy that there was no contamination based on the fibre reports that had been issued and they did not take responsibility for any delays that were being caused.  Our solicitor at that time followed that letter up quetsionning how there could be no contamination based on the fact that asbestos cement had been found lying on the land but UU did not respond to her even after she chased it.  They went on 'radio silence' and there has been no direct discussion since with UU.  At that time she advised that we proceed through our legal expenses cover as they were not responding to her letters and she anticipated escalating costs based on their refusal to reply.   We have not had a survey carried out as our Solicitors are relying on Environmental Health to produce this as mentioned earlier.   I have involved our MP in the matter and he got the HSE involved again but their position was that the matter had been dealt with by the contractors regarding the breaches and they described it as a one off incident so closed their file.   There were a number of disciplinary actions taken within the teams and new procedures were implemented.   He also contacted UU with our concerns and they replied with an almost carbon copy of the final letter sent to ourselves back in January.  They claim that they are acting within the Waste Framework Directive in that a decommissioned pipe may remain in 'situ', however, as the pipe was substantially damaged this does not apply but this is what they are sticking to.  Our MP has offered his assistance moving forward should we need it but we haven't asked for his involvement any further at the present time.   We are in Cumbria and although my husband and I have discussed it we have not contacted the press although we do openly talk about it to anyone who wants to listen.   At the present time we are not looking to speak to the press but if we decide to do so I have numerous videos and photographs of all the works and also a recorded conversation with the SHEQ manager of the contractors who openly admits that there were breaches.   Thanks  
    • I couldn't send it through paypal as they say -    Donations to this recipient aren't supported in this country
    • Exactly, I hope that I can witness its closing down in the future years.  I just sent through a donation. It is not much, but I hope you won't mind 😛
    • I received the Notice Of Discontinuance this morning from E Shoreman-Lawson for Elms Legal, on behalf of VCS. Thanks again for all assistance and encouragement. There is no doubt that this site is providing a service to the underdog and I will certainly be making a donation. I will also upload anything from my exhibits that may be useful for others, in particular the DVLA audit of compliance in which VCS do not fare well. Although yesterday was a bit of an anti climax, today I am taking comfort from the fact that at least this case has cost VCS money.
    • In any case let's be optimistic for a minute and say "prove I'm the driver" is a good defence point.  The problem is that if the judge doesn't agree you immediately lose the case.  "Prove I'm the driver" needs to be one of several points.   1.  Locus standi.  NCP are not the landowner.  You do not believe they have the right to bring this claim.  You requested to see a contract with the landowner giving them such a right by way of a CPR request and their solicitors refused to do so.  Exhibit BW Legal's letter.   2.  Suing the wrong person.  Your "prove I'm the driver" point.  (Obviously this will have to go if you admitted being the driver to NCP).   3.  Insufficient signage.  Tiny print.  What LFI wrote in post 29.   4.  Planning permission.  You do not believe their signs have planning permission which is a criminal offence.  You requested to see such permission from their solicitors but the solicitors refused to do so.  (Have a look at the WS in post 123 of EL21's thread  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip/page/5/?tab=comments#comment-5130039  You can adapt point 41 of this WS).   5.  De minimis.  The incident happened four years so you are unsure what happened.  It's possible you paid but you input your registration number wrongly.  You put NCP to strict proof you didn't pay.  Paying but getting a single digit of the registration number wrong is de minimis.   6.  Unreasonable conditions.  In any case NCP deliberately make it difficult to pay so they can issue PCNs.  No cash.  Card payment which often doesn't work and they do nothing to fix.   7.  Unicorn Food Tax.  (You can use nigh-on verbatim points 45-53 of EL21's WS).   As dx says, you're a Litigant in Person so you don't have to write in legalese.  When you have time, post up a first draft and we'll take it from there.    And please answer about how NCP suddenly started to write to you personally.
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what do you think? kmcaloon vs natwest


kmcaloon
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hi i am currently at my court stage of my claim, basically Natwest acknowledged it 21 days ok so only 7 left till i can win by default and ask for judgement. Howevwr last week they offered me a sum which i declined and then yesterday they offered me another which was for the full ammount prior to it going to court which is like 655.66 do you think i should just except this and get it done with or wait another 7 days and pass judgement which will basically if i get it ammount to the sum of 860 i think?? did anyone else win by default? how long does the process take afterwards to get your money etc and did you have to send in the heavies?

 

cheers

kyle

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Presuming you have incurred further costs by taking it to the court stage, I would be inclined to either:

 

i) accept their offer as part payment requesting the remaining amount to cover your subsequent expenses;

 

ii) reject offer on basis that this does not cover your additional costs and advise that you will continue with court proceedings until an offer is made, in full, including any additional costs you have incurred.

 

Hope this helps.

Natwest Bank Plc owe me £1,227.48

06/03/07 - Prelim Sent

16/03/07 - Claim authorised, in full, via telephone...

28/03/07 - Full offer received in writing - YAY

29/03/07 - Offer accepted!

 

Bank of Scotland Mastercard owe me £497.00

11/03/07 - Complaint telephone call logged

29/03/07 - 50% offer received...

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yeh well the only other costs i incurred are the 80 pound fees for the court issue... but not it has gone to court i am also entitled to 130 in statutatory interest. so basically i can get another 210, but i am quite happy to get the 655.66 as it is money i thought i was never getting anyway. i was just wondering if anyone has go ne down the whole winning by default route how long it takes to get your cash in the end

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I'd agree with Laura D - it's almost certain that they will pay the costs in the end (probably just before your court date). You may well find that you don't win by default - they seem to submit a defence at the very last minute, to drag things out. It all depends how much you need the money, really. I'd hang in there.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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I agree with Mr. Bump!!

 

I didn't get to court stage but having read numerous posts on the forum it would seem that pretty much all get their total charges, statutory interest and court costs returned once it gets to court stage.

 

If it were me, I'd be inclined to decline their offer advising you are now expecting your court fees & statutory interest and consider it their own fault for dragging the process out in the first place!

 

Good luck with whatever you decide to do!

Natwest Bank Plc owe me £1,227.48

06/03/07 - Prelim Sent

16/03/07 - Claim authorised, in full, via telephone...

28/03/07 - Full offer received in writing - YAY

29/03/07 - Offer accepted!

 

Bank of Scotland Mastercard owe me £497.00

11/03/07 - Complaint telephone call logged

29/03/07 - 50% offer received...

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cheers guys even though i am absolutely skint at moment i think i may stick it out..... afterall on plus side my student loan comes through in about another week or so so just one more week with no money and the extra 200 most come in very useful in a month or two

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For what its worth, I would stick it out to the bitter end. but tis only my opinion.............. So long as you are confident your calculations are all correct, and youve followed everything to the letter, then I would hold out for more........... but it really all depends, like Mr. Bump said above, how quickly you need the money because believe me this can take a few months, what with bank claims stacking up like Jenga at the minute. From court issue of claim to settlement you could be looking at four months. So its a long haul, but worth it in the end. You will win, its just a case of how badly and quickly do you need the spondoolies. All the best. Fendy xxxx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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