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    • Hi as this appears to be about a Parking Charge from a PPC,   I have moved your thread to the Private Land parking Forum, where you should get advice targeted to the situation   could you give some history about what the Invoice was for  and who the parking Contractor is  Did you appeal the charge, and it looks like you have had letters from the dreaded useless Gladstones demanding payment  Could you give the information asked for on this sticky and also post the  letter from gladstones to see if it is a Letter Before Claim/Action?    
    • it is also unlawful to change the ownership of a vehicle [or goods] to avoid enforcement action upon them. and this was done after you had already replied to the council regarding the outstanding ticket(s).   be careful upon pursuing a resolution arguing this point.   you could have quite easily changed ownership to gain a parking permit some months previously when getting the first windscreen ticket.              
    • I would start off by sending the bank an SAR. Which bank is it?
    • I agree with you DX100, but N/W don't want to play ball and send a copy of the agreement after 3 requests.  How will this stand if it goes to Court?
    • Sorry if this is in the wrong section as not sure where exactly its best suited.   So, we got the bank statement the other day & noticed 23 separate Xbox in game credit debits for Fortnite for £7.99 each over a 4 week period.  Now the daughter insists she didn't order anything.  And whilst most will say "of cause she would and just denying it etc" well, I'm not going to say I believe her even though I'm assuming using real cash to buy in game credit comes with a clear notification that your using real money (and stating the amount each time) to buy such in game credit.  And whilst I still need to check the Xbox security settings to see if as I think I did, I did set a security pin for purchases a few things are puzzling me on a legal footing and that mainly what I want to ask about.   As the bank statement indicates the card in question is an old card I had replaced and cancelled a while ago, about the time these transactions started.  When I ordered the new replacement I asked for the previous card to be cancelled.  2 weeks later I had to report the replacement card stolen\lost abroad and ordering another again asking for that card to be cancelled to prevent unauthorized use and money being taken from the bank account.   So, in the first instance I've already contacted the bank to enquire how and why they have allowed payments from an old debit card I had replaced and cancelled?.  They suggest that the card was never cancelled when the replacement was ordered and that the old card would remain valid until the expire date in a couple of years time!!!.  I asked them how on earth this can be the case as the replacement card has a completely different number and ordering the replacement should trigger (as per my request) cancellation and usage of said card.  The bank is suggesting otherwise as because the card was valid when setting up Xbox live that the card can always be used even if replaced regardless of reason it was replaced or if we cancelled the card.  They justified this action by saying the payments are continuous payments (similar to direct debit) and that's why they went through and referred me to Microsoft.   I pushed the issue and said they are not continuous payments but single individual 1 off payments that by nature (in game credit) and the number of payments (23 x £7.99) they could never claim them to have been continuous payments as a pre existing agreement for such payments for the game in question would have to exist and have existed when the card was valid which it doesn't.  And therefore these payments should not have been made because they are neither continuous payments and come from an old debit card that was replaced and cancelled.  The bank sort of agreed that these payments maybe are not continuous payments yet are now unsure where I stand.  So I have been referred to there disputes department.   Feeling I'm going to get the same run around on the rights over taking payments from an old replaced card that was supposed to be cancelled, I'm wanting to know what members think on a legal footing?.  As its like the bank saying I can use the same old & replaced debit card details to order items online because its still in date even if replaced & cancelled which I find highly unlikely!.
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Hello fellow claimers,

 

Just spoke to a lady by the name of Sue at MCOL who has informed me that as of Monday 13th August 2007, any bank claims submitted through the online system will automatically be stayed, and not even transferred to the claimants local county court. She then advised that once a judgement has been made in the test case, it will be down to the individual claimants to have there claim taken forward as this will not be done automatically. (Basically it will be put in a box and forgotten about until someone says something)

 

:?: :?: :?: Couple of questions: - :?: :?: :?:

 

1: Has anyone else heard of this?

2: Would submitting this to my local county court on paper potentially avoid this automatic stay?

3: If I appeal against any stay and I am successful in getting it lifted, would the bank then be liable to cover my £35.00 admin fee?

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1: Has anyone else heard of this?

Yes, MCOL are saying that, as of yesterday, all claims that have been defended will automatically be stayed and held by MCOL until the conclusion of the OFT case.

 

You can still submit a claim via MCOL, however all claims will be automatically stayed after the banks have entered a defence and held at MCOL and not transferred to the local courts.

 

Should the banks miss the deadline to acknowledge or defend then judgements can still be applied for and will be awarded.

 

2: Would submitting this to my local county court on paper potentially avoid this automatic stay?

Possibly, it is still up to individual courts, but most are applying the stay

 

3: If I appeal against any stay and I am successful in getting it lifted, would the bank then be liable to cover my £35.00 admin fee?

No, you can't reclaim an application fee

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Michael - I just wonder if this is important enough to merit an 'announcement' - its probably going to affect a huge number of people?

 

Best regards - Adam


I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Cheers - thanks Michael


I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Are they staying credit cards?


[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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21 August 2007

31/07

Courts in Northamptonshire stay all claims against banks

 

Her Honour Judge Hampton, the Designated Civil Judge for Northamptonshire, has approved the practice of the local District Judges relating to civil claims for recovery of bank charges, received by the courts in Northamptonshire. All such claims, received after 13th August 2007, will be stayed once a defence is filed, pending the outcome of the test case listed at the High Court. This includes all claims issued via Money Claim On Line.

 

This does not mean that claims have been dismissed, but that all relevant cases will be stored centrally at Northampton County Court pending the outcome of the test case. Bulk Centre cases will not be transferred to the appropriate local court , as would be normal, until a final decision has been reached in the test case.

 

Her Honour Judge Hampton said: “There has been an increasing number of cases in which bank customers are suing banks and other financial institutions for recovery of bank charges. These cases have been listed for hearing before the small claims courts. It is hoped that the legal issues to which the majority of these claims give rise, are now to be the subject of an authoritative decision in a test case to be heard by the Commercial Court sitting in London early next year. Accordingly, the Northampton judiciary have agreed that all such claims issued by Northampton County Court after 13th August 2007, once a Defence is filed, are to be subject to a general stay until after the test case has been finally resolved.

 

“Any litigant is entitled to apply to the court for the stay to be removed in their particular case. Each such application will be considered on its merits. However, it may be necessary to await the Commercial Court’s decision rather than risk inconsistent decisions, potential appeals and a significant waste of judicial resources and costs. All Claims in which directions have already been given will proceed, unless an application for a stay is made. Such applications will be dealt with on their merits.”

 

Note to Editors

  1. The Deputy Head of Civil Justice wrote to all Designated Civil Judges, inviting them to consider staying outstanding claims, which would potentially be affected by the test case, on a case by case basis. Designated Civil Judges are the senior circuit judge responsible for a group of courts. S/he may agree arrangements with the district judges sitting at each individual court, taking into account the local situation and all the circumstances of the individual claim.

Media Releases - Courts in Northamptonshire stay all claims against banks

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Hi All

 

Anyone any idea how likely it is that this ruling by a senior judge in Northamptonshire will spread like wildfire to other Counties?

 

Seems to me like its very likely! Will ring my local Court (Ipswich) tomorrow to see if its found its way there yet.

 

All the best - Adam.


I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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