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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
  • Our picks

Steve vs Abbey ***WON POST OFT***


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you are posting in it now.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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If you are claiming back bank charges then open a new thread (Your name) v (Your banks name).

 

So depending what bank it is you will to go into that banks specific section and post the thread in there.

 

Hope this helps-if not let me know.

PPMAN159

 

If this comment has helped please click on the scales.

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I think the message that says we should post a welcome to the forum should mention the 'new thread' tab as it took me ages to find it, as I was looking for a 'pots welcome' tab, but then I am as thick as a doorstep bacon sandwich with brown sauce...mmmm

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It is always recomended that new posters take time to just look over the site,read some of the other threads-this way they can get a feel as to what the site is all about.

 

Anyway you are here now Steve so post away!!!

PPMAN159

 

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Guest ChloeJane

Hi Steve,

 

Bit daunting at first?! Welcome!

 

I won against Abbey!

 

Just thought I would say hi and give you some useful bits to get you started, so you didn't get lost!

 

To start your own thread of information on the forum, you can find out how here.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=84

 

Step 1.

 

Get your information! So you know what to claim.

 

You do this by easily following templates by copying and pasting them to suit you and your details.

 

1. Data Protection Act, Subject Access Request letter - List of charges

 

Click on the link above and you will go to a template that will be to request your data and information from the bank.

 

You can than spend the 40 days waiting for the information but can look around at what the tiimetable will be and what steps are next.

 

A great link is below which sets out a sample of the process. The links are on the right.

 

Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !!

 

Chat -- is a great way to ask questions instantly! so come on in and meet new friends and find support.

 

 

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

 

Don't be afraid to just type and ask and you will see how friendly we all are.

 

Look me up if you need more help! Step 1 is the letter.

 

Good luck!

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Hi Chloejane, you won against Abbey? Great! You'll have to give me some tips.

 

My ball is rolling. One week ago I sent my first letter requesting bank charges over the last four years. They said they have received it and now have 10 weeks to respond according to the Financial Ombudsman. I said that accoding to my information they had to respond within 14 days, by which time I can send another letter before action, and start my small claims running through the court system.

 

I was actually fuming last night as I went over my overdraft by 93 pence (for a train ticket purchase of 3.60) and was charged a further 50 pounds :o). How can they keep charging such extortionate amounts??? The customer service advisor at Abbey even admitted it was RIDICULOUS. Not only is it ridiculous it is CRIMINAL and actually THEFT. Totally unjustifiable. Now I have to rewrite my letter adding on the new charges, do I? The customer service adviser said I didn't have to. And What about the ten weeks thing?

 

What happened with your case? Did it go to court? Did they pay up in full? How long did it all take?

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The ten week thing is complete [email protected]@@@@@s stick to the 14 days.

 

It is not actually illegal but it is unlawful so carry on with the claim and dont forget to include the latest charge.

 

The reason why they continue to charge such high amounts is that to date no one has managed to work out the true cost so I suppose they will keep charging at these levels until such time as they are ordered to reduce them.

 

After all it has been a nice little earner for them over the years.

PPMAN159

 

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  • 4 weeks later...

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I have recently sent my LBA to Abbey and am about to file my court papers. How do Abbey usually deal with this? Will I need to arm myself in preparation for arguing my case in court? I'm reclaiming 700.

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I have recently sent my LBA to Abbey and am about to file my court papers. How do Abbey usually deal with this? Will I need to arm myself in preparation for arguing my case in court? I'm reclaiming 700.

 

 

Hi you will need to read the FAQs and the step by step instructions, these will give you an idea of what to expect. Also read some success thread in the Abbey forum. Start a thread in your bank forum and post your questions there. You will of course need to be prepared for court however the chances of you getting there are vey slim. ;)

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hi you will need to read the FAQs and the step by step instructions, these will give you an idea of what to expect. Also read some success thread in the Abbey forum. Start a thread in your bank forum and post your questions there. You will of course need to be prepared for court however the chances of you getting there are vey slim. ;)

 

 

I believe my case may go to court. Abbey have not settled my claim and paid an amount into my bank account. Then the amount was incresed with abbey's calculations. But they took £100.58 off the bundle figure already agreed upon. Plust they still owe me £35, SAR fee and the daily figures still ongoing. I had asked for CI but informed them i would have settled for the settlement but they refused to refund the £100.58/other. they pushed the CI issue in a priminary hearing of which the judge clarified to her it could not be dealt with in 10 mins. She was very annoyed. the judge has asked for a hearing lasting 2 hours (including reading time) and costs to be determined. I really do need some advice....

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Hi, I was only reclaiming £190 but the Abbey have decided to defend (standard Defence that I presume is sent out for every case) but I have just received an order from the court with a date. So I would prepare yourself for the Abbey pushing you to take it further. They may of course settle prior to the court date - I hope!

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yes. History says Abbey will settle before the court date. I am toying with the idea of letting one of the company specialising in retrieving bank charges on a win only 15% fee basis. Anyone done this?

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Why pay someone to write a few letters for you?

 

If they charge 15% does that include any court filing fees you have to pay or is it on top cos that could make your returns smaller still?

 

Why not give it a go yourself, you'd be surprised how much satisfaction there is in winning when you've done it yourself?

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Well folks you will be very pleased to learn that I submitted my court bundle by the deadline of 22 May (just) and I have just received a letter this morning dated 23 May stating that the Abbey will settle "without prejudice" and without admission of guilt. Who cares what they do and don't admit to - I've got my money back! So all of you who were as frightened as me of Abby taking it all the way - carry on - they will settle. Good luck and thanks to everyone for all their information it has been a great help.

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blue bar towards the top of page, above that click on Consumer Action Group then scroll down & all the banks are listed alphabetically.

 

in the 'quick links' on the blue bar it will list any threads you have posted on

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  • 2 weeks later...

Abbey credited my account with £170 this week saying that is all they are going to repay out of goodwill. My claim is for £640 + interest. I have already delivered the court papers the day before, although Abbey wont have recv'd them yet. What happens now? Are they likely to pay up the rest before the court date???:rolleyes:

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Steve E, Send them a rejection of offer letter. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html. Please start a thread on the Abbey forum. Click on link.http://www.consumeractiongroup.co.uk/forum/abbey-bank/

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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