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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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RBS in Aberdeenshire - combine OC claims?


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If anyone is in the Aberdeenshire area and contemplating the Ordinary Cause route, I am wondering if it would be useful to appoint one solicitor to handle all similar claims.

 

I'm not sure how all this would work out in practice. I'm just testing the waters, so to speak.

 

Other viewpoints would be much appreciated. I've already consulted a solicitor up here, and don't think he'd object if there was more business put his way. I'm just unsure how practical this idea might be.

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Nope, solicitor all in hand.

 

But splitting the claim seems to be risky now. Some courts are rejecting subsequent claims as an abuse of process. So I might get my first £1500, but I could well be stuffed when trying for the rest.

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No firm in Glasgow or Edinburgh will touch them because of a signed agreement , I have heard of the abuse of process rulings. I believe Kilmarnock court is one of them . Which are the other courts?

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A signed agreement to what? To promise the banks that they won't work against them? If so, that is SHOCKING!!!!! :eek:

 

Don't know all the other courts, but I'm not wiling to risk MY court using my claims as the first one to kick into touch. All or nothing.

 

Anyway, I'm hoping it won't get that far, but you never know. Need to be prepared for that eventuality.

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This has been discussed here before at length.

The recent announcements by Judges that they will not entertain multiple claims on the same account as a way round the 750 cap,has been disturbing though not suprising.

Following my contact with the FOS I was informed that they are able to order repayments of up to 100k,and its interesting to see that every case they have dealt with has been successful with the banks paying out in full.

Criteria for FOS assistance is that no litigation has been started and that all normal complaints routes have been exhausted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ahhh. Now that would seem to be the way to go.

 

But, I think the guidelines for the banks to respond to your complaint is 8 weeks? In which case, I'll give them that time to respond, then bang a complaint off to the FOS. If no joy there, then I'll start proceedings.

 

Amazing how it only takes one post to make rethink the direction I should be taking. Cheers for that Martin. (Although it seems to go against the general advice of the site, though?)

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Actually you can do it in 4 weeks....simply send the prelim and the lba....instead of Court action after the lba simply contact the FOS instead.

You could also add in your Lba that you will be contacting the FOS.

The problems with the Scottish system have only recently come to light....there was some earlier successes in multiple claims.

Although the FOS are busy dealing with a workload...I still think that in many cases the FOS route could be quicker than waiting months for litigation to draw near to hearing dates at which point the banks usually pay.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I've sent my LBA already, so what I'll do is write them another letter at the end of their time limit telling them my next step will be the FOS. IF they don't pay up, that is.

 

That way, the FOS will see I've been reasonable and have exhausted all other avenues, and even given them a full eight weeks, which I believe they recommend you do anyway.

 

I do think though, that we'll see a rash of offers once the OFT report comes out, based on their recommendations. Doesn't matter a damn though, as it'll still only be a recommendation, and not law, so I'll still be chasing the full amount.

 

I guess I need to close this thread then, and carry on this thought in my RBS thread - http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/55607-seahorse-rbos.html

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