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  
  • 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

rbos and terrified


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6335 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

hiya folks

the lovely bank sent me a letter this morning offering around half of what i was claiming.

my hubby who has always said we have no chance of getting anything out of them immediately said but they have always said that they did nothing wrong!!!

anyways a phone call to said bank will be happening on monday to REJECT their offer and i guess hey ho hey ho its off to court we go.

regards

from a shaking and still terrified rin

Link to post
Share on other sites

hiya folks

the lovely bank sent me a letter this morning offering around half of what i was claiming.

my hubby who has always said we have no chance of getting anything out of them immediately said but they have always said that they did nothing wrong!!!

anyways a phone call to said bank will be happening on monday to REJECT their offer and i guess hey ho hey ho its off to court we go.

regards

from a shaking and still terrified rin

royalinfirmarynurse, DO NOT reject their offer by phone. Simply write the following to them:

 

Dear Sirs,

 

thank you for your letter of xx/xx/xx. I note all that you say.

 

I do not accept your offer.

 

Yours faithfully.

 

This says everything you need to say, and leaves absolutely no room for debate. I cannot stress enough how bad an idea it is to try to deal with them on the phone at this stage. The fact that they've offered to settle at all means that there's no chance of them suddenly deciding to go to court, just because you've rejected their offer. The letter above is word for word the same I've used in all three of my cases.

 

You're into the last mile now, so keep your nerve and you should get everything you've demanded. Good luck! :)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

You're SOOO close now.!!!

 

Put this point to your hubby, if the Banks have done nothing wrong, and they would be able to justify / defend their actions in court, then why would they try to buy you off at this stage?

 

They don't have a leg to stand on, they know it & we know it!

 

Keep strong now, being able to re-read this thread once you've received your FULL REFUND will make very very good reading I promise you!!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

Link to post
Share on other sites

Just wanted to pass on my support too, RIN.

Keep going!

Story so far...

 

BOS - Student account - preliminary request letter sent

 

Cahoot - Current account - list of charges totalling £420 recieved

Cahoot - Credit card - list of charges totalling £200

 

Mint - Request for list of charges made by telephone and letter.

Link to post
Share on other sites

I'm shakin in me boots but I just wanted to say, "keep the faith "

 

Freebird

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

Link to post
Share on other sites

Just read your thread with interest, as I had debt problems about 5 years ago, followed by charges. Not as much as others on here but probably a good few hundred worth.

 

Anyway, just wanted to say good luck to you re your fight. Will be interested in outcome and hope to follow you down that path.

 

Dave318

Data Protection Request sent 08/08/06: 1st Letter of Approach sent 31/08/06 claiming £783

LBA sent 15/09/06 their letter crossed in the post.

Lost letter (despite it being recorded delivery)

Phone call made Tuesday 10/10/06: Fax sent (copy LBA) 11/10/06

Offer arrived 14/10/06 £480 (No way)

Link to post
Share on other sites

Hiya- I am new to this forum and thouht that you would be interested to know that reading your information has given me the final push to "go for it".

Sent letter requesting statements today to local RBS.

Thanks and good luck

Link to post
Share on other sites

hi everyone an update

got a letter from judith carrie solicitor for rbos offering my full amount of claim i accepted this last week plus court fee

i am still awaiting the money though

and on a lighter note i have £3100 of charges on my other account so my next letter is ready to post as soon as i have the cash in my account.

shame i can only claim £750 at a time though

thanks to all for your help and support my 5% will be coming your way as soon as i get mine

regards

Link to post
Share on other sites

Just read through your thread with interest. My court date for RBOS is 18 August. Judith Carrie wrote and offered me £389 when I rejected this by emailing her the offer went upto £639 within an hour. My claim is £844 including fee and interest.

After reading about your success I'm more hopeful now they'll pay up and claim number 2 can begin :)

Link to post
Share on other sites

  • 4 months later...

hello again folks

another update,

i accepted the offer from jusith carrie and signed the letter she said i had to sign on order to get the cash. got my cash.

wrote to judith carrie again to say here is the amount of charges you have taken off me from my other account and rather than go throught the small claims procedure repeatedly i thought i would just write to you direct and seek my refund this way...

she then replied saying that i had agreed not to claim any more charges from the bank through signing the form she sent (i did sign it but this claim relates to a different account) and if i pursued the matter she would close my account. i got a little shaky regarding this and decided to let it drop....

recently i incurred another charge and telephoned my bank manager to ask for a refund of my charge and he said no because i already got a refund from them in august of this year i told him i would see him in court.

so do i have any chance of another claim.

all advice would be greatly appreciated

regards

rin

Link to post
Share on other sites

rin if you didn't sign to not claim for this account then claim away............

go for it girl

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6335 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...