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    • FINAL UPDATE.  I have not posted as the defence were reading the thread.  An agreement was reached on the day of the hearing.   I am unable to go into detail but for those in this position the forum has been priceless support and advice so thank you all in the site team.   for those going through this, follow the process, ignore intimidating tactics and threats and get to the Judge.  They are very supporting of those self representing.   I note her name has gone from the heading of the thread.  Was this them ?  Thanks again.  
    • I'm not sure what the "appeal" system asked but he said he definitely didn't indicate he was the driver so I'm just going to have to take his word for it. Honestly, I don't think the hirer will contact them. I think my brother will tolerate it. I did have a similar experience with another company 6-7 years ago and sought advice on here then to which you guys told me to ignore, I got the exact same DRP letters and then a "Gladstones Solicitor" letter.  After that nothing happened and it died away. Based on my experience with that I assumed the same would happen here but only asked to see if perhaps anything had changed since then.    Hopefully it doesn't get to court but if it did, I feel like we have enough evidence to sway a judge who probably hates dealing with this type of nonsense anyway. Or maybe I'm too optimistic. 
    • Your attachment showing the cinema parking restrictions seems crystal clear. Let's see what the photos turn up.
    • Meter certification periods re given in The Meters (Certification) Regulations 1998, Schedule 4. From there you can check if they are correct about your specific meter .. https://www.legislation.gov.uk/uksi/1998/1566/schedule/4 If they're telling porkies then you have e clear grounds to tell them to take  hike. If they're correct or if you haven't been able to confirm then you have  few options. You could just keep fobbing them off. In general Octopus can't keep up with demand for smart meters. It took 9 months to get our. So they may not push too hard. Or ask if you can install your own choice of meter. The Electricity Act 1989 cover this in Schedule 7 (2) and (2A) https://www.legislation.gov.uk/ukpga/1989/29/schedule/7 Or fight the them and their enforcement. Or go off supply.
    • We received a copy of the completed Directions Questionnaire (N181) from the solicitors along with a draft copy of their directions. I am on a course today so can upload over the weekend if needed. By 4pm on 16th May both parties must each give standard disclosure of documents by way of list by category. By 4pm on 30th May any request for inspection or copies of docs must be made and compiled 14 days thereafter. I will provide more over the weekend.
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Unemployed and cant afford charges


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Hi all,

 

I lost my job in December and have been struggling to pay my bills since then. Unfortunately i have been going over my o/d every couple of weeks. Last week they charged me 2x 35pounds for going overdrawn, the thing is, that i'm only getting jobseekers allowance every 2 weeks and it doesn't even cover my loan. As soon as my benefit comes in it gets taken by the charges. I have also been charged for going over again this week and the charges themselves keep making me overdrawn resulting in more charges. I went in to speak to them in my local Bank of Scotland and they couldn't care less.

 

I was told by the job centre that it is illegal for them to take my benefit as it is for me to live on. I have credit cards that are maxed out and can't afoord to pay, but the benefit allowed me to pay something towards them and now i am totally stuck. I can't keep asking my family for money and i don't want them to know what a mess i'm in.

 

If i had a job i could sort some of this out but i just cant seem to find any. Times are tough. It's all leaving me depressed.

 

Can anyone offer me any advice?

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They won't care. Don't expect them to. Even though it is they who have caused your problems, they will blame you and they will make you pay.

 

The charges are unlawful of cuorse and you will eventually get them back.

For the moment you need to send a letter of appropriation putting the bank on notice that your money is drived from benefits and you need it to live on. You can find it in our bank charges templates library:- The Consumer Forums - Library

 

Do this straightaway and deliver it to the bank by hand and get a receipt. Also send a copy by recorded post.

 

Also, if you can manage the £10, sned an SAR to find out about all of the charges which they have imposed on your account and set about the business of recovering them.

 

You shold also ask them to return on the basis of hardship, the charges which they have taken. They are meant to do this but don't hold your breath.

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  • 4 weeks later...

Thanks for your input. I took letter of appropriation to the bank and guess what? They have never heard of it! I explained my situation and why they couldn't take my benefit and they woman looked at me like i was something she stepped on. She refused to help and barely looked at the letter.She then said that i would have to call the bank, so gave me a number to call. She then kindly let me use the phone in the bank. On the phone they told me i shouldn't be going o/d and that i should cancel my direct debits to stop this! What kind of solution is that?!! If i do that my bills don't get paid and i then end up being chased bydebt collectors as well as owing money to the bank. I was then given another number to call, which then put me in hold, then in a line to have my call answered. I gave up after 30mins. No one wants to help and i am now well and truly stuck. Everyone says the right of appropriation is rubbish.

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I suggest you get another account with a bank that isn't linked to Lloyds-HBOS, and get your benefits paid into it.

 

Then go to your nearest CAB and ask them to look at negotiating reduced payments on the loan. It could give enough breathing space until you find yourself in a better position to resume full loan repayments.

 

Then do as Fodder says and SAR BOS so that you can go about reclaiming charges.

 

Who is the loan with?

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I have a loan with Nationwide at the moment which my mum is kindly helping me to pay. I owe her a fortune. The bank just put 70 quid in charges on my account, then an insurance sum of 4 pounds came out and they are now going to charge me a further 35. It was them who made me o/d in the first place. Until they took the charges, i had enough money to pay the insurance!! I'm so stuck. The truth is, that i'm massively depressed and this is just adding further stress i don't need. I'm going to have my benefit put into another account but this just delays the inevitible. I'm still going to have to pay them eventually.

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