Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. 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 only contracted 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. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • 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
      • 160 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

Selina vs HSBC Just started Small claims


selinan
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5593 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

Hi All,

So far have had statements (they owe me nearly 2K charges) have asked from them back, they said they were 'looking into it'. Sent another letter saying I would claim if they did not respond in 14 days. No response from them so filled in Moneyclaim online last week which they have acnowledged. Getting a little nervous they will defend.

What now!?

Anyone got to this point!/

Thanks!

Selina

Link to post
Share on other sites

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Selinan.

 

They probably will put in a defence, but that doesn't mean that they will let you take it all the way.

The banks don't want to step into court, they have too much to lose.

You will find that they will almost certainly pay up before that stage, although they will drag it out as long as they can.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

here's some more info for you:

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

and this:

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2. Send a copy to DG when you get the acknowledgment.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

Link to post
Share on other sites

hi selina

now you've filed your claim, take a couple of weeks reading through as many threads and faq's as you can then there will be no surprises if/when they arrive on your doorstep! you'll realise you're not on your own if you read read and read again. any questions you may have, just fire away. someone will always answer you.

 

good luck

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

this is courtesy of lateralus!!

 

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

if you understand that reasoning - then carry on.

  • Haha 1

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

Thanks again. Slightly confused by all the interest stuff. Used money saving experts guide so far and the 8% interest calculator and added it onto my inital charges sheet sent to bank (before I started claim) which I see from FAQ you do not advise. What is the daily interest? Do you put this on top?

If so is it too late now I have sent my claim?

Can I post what I put on my claim here so you can check its okay!? (without identifying details!)

S

Link to post
Share on other sites

you wouldn't be advised to amend you claim to get daily interest - it only amounts to a few pounds in most cases - in mine - total was 1500 charges, +300 in o/d interest + 300 in 8% interest and the daily was like £12. so, not worth it if you didn't put it in - no biggie.

the o/d interest is the interest debits that show up on your statements as INTEREST - DR. you can't just add them on - you need to use the advanced s/s to see what portion can be added - and as you've filed - just forget it - it depends on the balance at the time of each charge and the solicitors don't like paying it and often give loads of hassle over it - so you are best off leaving it out unless you really understand it and could defend it. take gimme's offer - let him check your particulars. -just xxxxx out your account number when sending it to anyone.

Link to post
Share on other sites

Now you are scaring me Selinan. In an earlier post you said that you had filed MCOL and it has been acknowledged. Now you are asking about filling in your spreadsheet (this should have been completed before filing MCOL) I will send you a PM :confused:

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

Link to post
Share on other sites

do you mean can you start another claim because you can't change what you've done on this one without a big messy amending process for £35.

 

you can certainly start a list for another claim, i wouldn't be amending my spreadsheets - they need to be the same as your particulars of claim - amount wise. but if you are just changing what things are called - get it done quickly as you should be sending it off to the courts and the solicitors soon. - see post #3. just remember if you've put xxx in your particulars of claim - then the breakdown should show charges totalling xxx.(the same figure).

Link to post
Share on other sites

I had a spreadsheet (done from moneysaving experts) with dates of each charge and interest but no description of what charge was for. Have just amended spreadsheet to include descriptions to send to court.

Just wondered as I have been charged another £100 quid since I started the claim!

Selina

Link to post
Share on other sites

Selinan here is a template for you to send your schedule of charges to DG on monday. :-)

 

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

  • Haha 1

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

Link to post
Share on other sites

Thanks hun!

All seems straight forward so far, but a little nervous/confused about the whole AQ, defense part. Will have to keep reading and hopefully all will make ense by the time I get to that part!

Selina

Link to post
Share on other sites

hi selinan

you may not receive an aq - they've started dispensing with them in the courts but that's nothing to worry about. they might give you a court date instead on a certain date, but my way of looking at it is, dg will settle before that date so chin up and fingers crossed

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

  • 4 weeks later...

ok, usually i say 3-5 days - but perhaps a bit more as the mcol peeps are apparently also really snowed under by this - you will receive a copy of dg's defence and also a transfer to a local court. possibly with some court directions - as when it goes to the local court the judge has several options and we can't say exactly what will happen next - used to be that you received an allocation questionaire to fill out at this point - but they are mostly being dispensed with - unless your local judge asks you to file one. so, watch for paperwork from the court -

then see what it says.

also, see the thread in my signature called new- after 28 days...

check out post 1 of that thread and you'll get the idea of whats going on and also the advice of writing to dg every 10 days from this point to nudge them into an offer. and send a breakdown with each letter -

get back when you hear from the court.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...