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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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
      • 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
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A REPORT FROM THE OFT........

BBC NEWS | Business | Bank accounts 'not working well'

 

GO TO THEIR WEBSITE TO SEE THE FULL REPORT

 

:p

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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And this take a look at this nugget:

The lack of visibility of insufficient funds charges to consumers has reduced the incentive for the banks to compete on these aspects. As a result some banks appear to see insufficient funds charges in particular as an attractive way to generate additional revenue without affecting demand for their accounts. Insufficient funds charges have increased by an average of 17 per cent in real terms between 2003 and 2007. The average daily unarranged overdraft balance over the year9 in 2006 was £680 million but involved some £1.5 billion in paid item and maintenance fees. This is a return of over 220 per cent on the balances.

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Guest naffedoff
That's CAG then ....

 

Please don't forget ALL the other sites that have done sterling work.

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£152: The amount the OFT says the banks made from each active bank account in 2006, a figure the British Bankers' Association (BBA) says is "slightly contrived".

 

64 million: The number of personal bank accounts in the UK, of which about 54 million are estimated to be active.

 

£152 x 54 million comes to around £8.3 billion and £2.6 billion is from charges, about 32%.

Edited by tifo
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To answer tifo, NO that;s not CAG, PAG, PC,LB, MSE or CCS. No doubt those groups can of course make a contribution/response to the report.(will take a look at the OFT site later).

Its designated consumer groups including Consumer Direct, CAB.

.

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

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Moved here

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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So in light of this report, what now for the defences that bankers have entered for claims under the old "to cover our admin costs" T&Cs?

I have picked out some quotes & figures from the OFT report below. This little collection could almost suggest that some banks may have knowingly lied to the courts in their written defence where they maintained that the charges were purely the cost of administering whatever triggered them.

If that's true, then banks spent 31% of all their income administering unarranged overdrafts?

 

A combination of complexity and a lack of transparency means that consumers and competition are focused almost exclusively on more visible fees, and not on the less visible elements such as insufficient funds charges and forgone interest – despite the fact that these make up the vast bulk of banks’ revenues.

 

Banks earned over 85 per cent of their revenues on PCAs from two sources: net interest income from credit and debit balances (£4.6 billion), and levying charges associated with insufficient funds (£2.6 billion).

 

During the course of this market study, the OFT has seen banks’ internal documents on the level of charges that include statements such as: ‘in order to maximise fee revenue, whilst maintaining our competitive position, selective increases in [insufficient funds charges] are proposed’, and ‘Increasing insufficient funds] charges will have less impact on our marketing position… due to its lower visibility.’

 

 

We found that the banks earn over 30 per cent of all their revenues from insufficient funds charges.

 

Although banks apply charges in different ways the unit price for charges, where applied, is similar across suppliers. Overall the level of individual charges has gone up considerably in the last seven years whether adjusted for inflation or not. This is particularly the case for paid item fees, which increased from an average of £16 to £28, a nominal increase of 75 per cent over the period.

 

 

The 16 banks lent £680 million as unarranged overdrafts in 2006.

If the insufficient funds charges (excluding charges for unpaid items) of £1.5 billion in 2006 were treated as the cost of borrowing on the £0.68 billion average unarranged overdraft balance over the year for the 16 banks, we estimate that the annual interest rate would be more than 220 per cent. While short term loans are distinct in their short duration and can be expensive to administer, this level of charging compares unfavourably with many similar forms of lending such as credit cards and personal loans.

Edited by Gez
  • Haha 1
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Gez, the wording maximising fee income is one I have seen, and while it sounds like a bank being a bunch of greedy beggars, it was about making sure the correct fee for the correct service is keyed, for example, Safe custody in branches, copy statement fee, stopped cheque fees etc,etc. The context of the wording is such that you could not consider it to be within the confines of bank penalty charges.

.

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

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Gez, the wording maximising fee income is one I have seen, and while it sounds like a bank being a bunch of greedy beggars, it was about making sure the correct fee for the correct service is keyed, for example, Safe custody in branches, copy statement fee, stopped cheque fees etc,etc. The context of the wording is such that you could not consider it to be within the confines of bank penalty charges.

No problem with that, but it is as clear as a dogs sensitives what context "maximising fees revenue" is used within that paragraph.

That is really only a small part of it. Even without those comments, the banks want us and the courts to believe that they spent over 30% of their total income on administering instances of unarranged overdrafts.

So the costs of running all those thousands of branches, call centres and marketing would be separate from these costs. Its as black & white as that. Either: a) the truth is absent, b) call centres, branches & marketing is free, c) banks have a very small profit margin.

 

What bothers me more is that this report states pretty much that there was no point in examining banker's costs. WHY NOT? This was the basis of their defence and the very legality of their charges hinges on an examination of their costs. Don't they have a similar system to Cynthesis?

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  • 6 months later...

i found this.....you can read the full article at the web address at the bottom of this post..

 

Customs bank on the Halifax

by Technical Department at 00:00 23/07/01 (Technical Articles)

Article by Stanley Dencher, Senior Technical Editor, Croner.CCH Group

Ltd, published in the July 2001 issue of Tax Adviser.

Customs are apparently involved with several test cases in the

campaign against VAT avoidance. One such case is Halifax plc No.

17,124.

 

The Halifax's supplies are generally VAT exempt because it is a bank

(VATA 1994 Sch 9 Grp 5). During the relevant periods, its VAT recovery

rate was under five per cent. For the purpose of its banking business

it needed to construct call centres. If it had directly constructed

the call centres, most of the VAT on the construction costs would have

stuck. However, it used a scheme which involved three other companies

and which used the standard method of calculating a partically exempt

person's recoverable VAT. If the scheme had worked, the Halifax and

the three companies would together have recovered all of such VAT

which amounted to over £5m. Each of the three companies was separately

VAT-registered and was a subsidiary of the Halifax.

 

 

CIOT - Customs bank on the Halifax

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  • 3 years later...
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