Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
  • Recommended Topics

Claiming back a DD via indemnity


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5518 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

Hi

I have a small problem with a Direct Debit taken out of my account by British Gas for £340. The problem is that I recently switched my supplier to utility warehouse but on my previous statement Britsh Gas mixed up my meter with that of a neighbour & when i recieved my final bill it was nearly 1000 units over what it should have been (due to mixup) meaning my bill was £340. So I contacted British Gas to alert them with the new reading and inform them that it was due to wrong meter being read.

Now they said that they were unable to do anything about it until they recieved a new final reading from my new supplier (and I should inform them of the mixup dispite it being British Gases erroe) but agreed to put a stop on my account till this had been achieved. OK I though, not a problem. Now I came to my account and the money had been taken regardless so I went to the bank (Lloyds TSB) and had them submitt an indemnity request under the direct debit garentee which I was told would be back in my account my the end of that day ....4 days later and I have yet to recieve a penny.

When I went back into the branch I was told it was been investigated and would take 10 days!!!!! Now due to this stupid error I am now overdrawn and after informing my new company of the error and the correct reading it seems that BG actually owed me money. Can I force them to speed up this payment? Can I claim bank charges from BG for breaking our agreement and making me overdrawn? Legally where do I stand? and does anybody know why its being investigated (I was told under the DD mandate the bank would pay the money back then claim it from BG). I'm a little confused and well P*ssed to say the least not to mention out of pocket for the month and will have to trasfer money from my saving if this is not resolved soon. Any help would be greatly appreciated. If this is the wrong forum plaese move it.

Thanks in advance,

J.

Link to post
Share on other sites

Call your bank and ask them why they have not refunded you the same day which is the duty that they have to do under the Direct Debit Guarantee Scheme regardless of how long it takes the bank to claim the funds back.

 

Direct Debit - your rights

 

The Direct Debit Guarantee

  • If the amounts to be paid or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed
  • If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid
  • You can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

Hi

I have a small problem with a Direct Debit taken out of my account by British Gas for £340. The problem is that I recently switched my supplier to utility warehouse but on my previous statement Britsh Gas mixed up my meter with that of a neighbour & when i recieved my final bill it was nearly 1000 units over what it should have been (due to mixup) meaning my bill was £340. So I contacted British Gas to alert them with the new reading and inform them that it was due to wrong meter being read.

Now they said that they were unable to do anything about it until they recieved a new final reading from my new supplier (and I should inform them of the mixup dispite it being British Gases erroe) but agreed to put a stop on my account till this had been achieved. OK I though, not a problem. Now I came to my account and the money had been taken regardless so I went to the bank (Lloyds TSB) and had them submitt an indemnity request under the direct debit garentee which I was told would be back in my account my the end of that day ....4 days later and I have yet to recieve a penny.

When I went back into the branch I was told it was been investigated and would take 10 days!!!!! Now due to this stupid error I am now overdrawn and after informing my new company of the error and the correct reading it seems that BG actually owed me money. Can I force them to speed up this payment? Can I claim bank charges from BG for breaking our agreement and making me overdrawn? Legally where do I stand? and does anybody know why its being investigated (I was told under the DD mandate the bank would pay the money back then claim it from BG). I'm a little confused and well P*ssed to say the least not to mention out of pocket for the month and will have to trasfer money from my saving if this is not resolved soon. Any help would be greatly appreciated. If this is the wrong forum plaese move it.

Thanks in advance,

J.

 

 

Maybe the payment of £340.00 was in the BACS process and therefore the company is unable to cancel that as it is then the customers responsibilty to withdrawn from their end. If it had been me that dealt with your query, I would have advised you of this but hey ho I cant speak for everyone!! Or Id have asked if you wanted to cancel if it wasnt in this process.

 

Anyway, indemnity claims should be refunded immiediately and Id get onto the bank like the first respondant advised.

 

Im not great with financial sides of things but good luck in sorting it out

ARGH COMPLAINTS!!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...