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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Cougar v RBS


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Firstly hi to all

 

I have only just joined & know there is a lot to look through but......

 

How can one calculate how much they have over charged?

 

Examples Charge with RBS for unpaid Chq £38 & Service Charge for maintainance of account £28 then the interest that is applied.

Don't know how to start? is there a set fee for lets say the £38 for unpaid chq or can I claim for it all?

Service Charge of £28 can't be claimed right?

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http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

http://www.consumeractiongroup.co.uk/forum/bank-templates-library

there is some reading to be going on with for now. welcome to the site. if you need any help just post here with questions so we can answer them. ok first of all you can claim all penalty charges back the whole of them. second usually you cannot claim back service charges however this one seems particulary high and that would make me think it is a penalty under the name of service charge which banks have been known to do. so i would claim this as well. you can always knock it off again later if you think its really for a service.

good luck

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Cheers for reply

 

Taken bull by the horn & took a little differnet approach due to not knowing about Service charges.

Asked for refund via RBS website complaints giving them 14 days- probably will get ignored but have offered as a quick settlement 80% of charges. I have not mentioned any amounts just asked for last 6 years.

I have my bank statements since iv'e been with them so no need for SAR and know how much total in charges are & total in so called service charges. Therefore "IF" any settlement figures are sent will have an idea on what has or has not been included - if nothing offered or ignored then will pursue for FULL refund.

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Received my fob off reply via post today.

Couple of quotes from letter

Quote - “Please be advised that the bank’s system does mot easily allow access to customer accounts prior to twelve months ago. As a result, we are unable to view any charges that might have been applied to your account prior to that. Against that background, please contact your branch to request historic statements for your account, these will cover the past 6 years and cost £5”

Better than £10

Quote – “We have considered and responded to the Office of Fair Trading’s statement of 5 April 2006. We do not accept the Office of Fair Trading’s findings in relation to credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the settings of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS or the industry in relation to other, entirely different products.”

Oh well to next stage of process to claim back.

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Hello Cougar, I am just starting this process myself. Re RBOS offer of £5 for statements, I think they mean £5 per statement. May be worth checking out. Go for SAR and pay the £10 for summary printout of all charges on your account past 6 years.They have to provide these.Read the guidance notes. Well worth the time spent.

 

happy hunting

 

jessejames

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Thanks for the reply jessejames (frank will be chasing the loot too).

 

Do banks have full access (can look at themselves) to the last 6 years or can they only do this when you request it?

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Hi Cougar, I am sure banks can access their records at any time, certainly back 6 years. I had to obtain copy statements from RBOS in 1993, backdated 6 years, for a subsequently successful civil action (not against RBOS) and they were able to supply these within 2 weeks. They charged £5 per statement, total cost about £360, which I recovered from the other party. Go for the £10 option and keep the pressure on.

 

good luck

 

jessejames

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