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    • 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.
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      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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Iv been reading the forums for a few weeks now and have been fine so far. I sent my 'List of Charges' request to RBS on 11th July and I received all my bank statements in full early last week. I now need to send the 'Preliminary approach for repayment' letter with a list of charges. I apologise if the information i require can be found in the forums or FAQ's but I just cant find it. I've even tried using the search facility. I'd be grateful if somone could inform me of how to set out the charges on paper, do i list the charges in columns i.e TYPE OF CHARGE / AMOUNT / DATE ? If not, please correct me on this. Also, my bank (RBS) have refunded some of the charges. Over the past 6 years I calculated that I have been charged a total of £1745 in unpaid d/d charges and referral charges, and the other half of the charges dont even state what they are for. Out of this £1745, the bank have refunded a total of £381. I dont know exactly which specific charges have been refunded so how do I go about this? Do I list a breakdown of all the charges and show the refunded charges, subtracting them and leaving the total amount of charges that have not been refunded? And how do I lay this out on paper? Any help on this subject or any tips on the process would be much appreciated.

 

Cheers, fi x x

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Hi Fi

 

Here is what I sent for reclaiming charges - Use for RBS

 

___________

 

 

Mrs Sophie-Jane

XXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

 

Alana McLauchlan

Customer Services

Bank of Scotland Card Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Re – XXXXXXXXX

 

Date

 

 

 

Dear Alana McLauchlan

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last four years

I now understand that the regime of fees which you have been applying to my account in relation to exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

You concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXX.00. As of the above date the interest charged if this matter also went to court is £xx.xx @ 8% APR, Making a total of £XXX.XX (calculated as date of letter)

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

List of Charges / Offence

 

COPY your exel Spreadsheet and Paste it here

 

 

Yours Faithfully

 

Mrs Sophie-Jane

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Hi Fi

For the Goodwill payment, I used this one

___________

Mrs Sophie-Jane

XXXXXX

XXXXX

XXXXXX

XXXXXX

XXXXXX

THEIR ADDRESS

 

 

Re - ACCOUNT

DATE

 

Dear Sir / Madam (from Goodwill Letter)

Re your letter dated 18th May 2006, I thank you for your goodwill payment and that all agreements are to stay as arranged, I am only going to accept the Goodwill gesture of £XXX as part payment of the £XXX that has been unlawfully charged against my account which I hold at present.

At present calculate that you have taken £XXX.XX plus £XX.XX which you have charged me in overdraft interest (8%APR) for the sum which you have taken. Total £XXX.XX

Unless you can provide accurate breakdown of these charges levied against my Account, I will not accept any Charges levied against my account, at present or in the future.

 

I require repayment in full of this money (credited to the existing balance). If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,

Mrs Sophie-Jane

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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  • 2 weeks later...

Hi Sophie, thanks for your reply. I'm sorry I've not been online I have had a berievement and my heads not been with it. Iv copied the letter but how do I set out the list of charges? cos I have to list every charge and type dont i? ie:

 

Date of charge - - - Amount Charge - - - - - Type

- - 11/03/04 - - - - - - - £28 - - - - - - - Unpaid Item

- - 22/04/04 - - - - - - - £30 - - - - - - - - Referral

 

Iv seen the excel spreadsheets in the templates library, but there only for people who want to claim interest arnt they? I dont want to claim interest, i just want my charges back.

 

I would appreciate any help on this so that I can continue with my claim. Iv prepared the letter, i just need to know how to layout the charges.

 

Cheers, fi x x

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