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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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Can I still claim even though i paid full and final settlements to rbs 4 years ago


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About 4 years ago I was in so much debt and was taken to court by a number of companies mainly rbs. I negotiated full and final settlements with them and they accepted. Can i now make a claim against them for charges even though the account is closed and is left as satisfied on my credit report. Can they open up my account again and claim the money which would still be owed.

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mod's???

bump

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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that's a sticky one.IMHO I would be inclined to leave well enough alone,especially if you got off with a clean bill of health on the credit history side....you have to weigh up what you gained by short settlements against any charges you may have incurred.

 

For instance,I had a GM card for years.I had a balance of over £3K,but there was an insurance policy covering it.I had to medically retire after a long period on the sick.I claimed,and they refused to pay out first time.I wrote to them again,spelling out the full circumstances,and when the next statement came in,the account balance was zero.I wouldn't think of going after GM,because I won hands down that time,as far as I am concerned.....

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About 4 years ago I was in so much debt and was taken to court by a number of companies mainly rbs. I negotiated full and final settlements with them and they accepted. Can i now make a claim against them for charges even though the account is closed and is left as satisfied on my credit report. Can they open up my account again and claim the money which would still be owed.

 

You have a good case in my opinion as you can claim that at that stage you were unaware that they were unlawful charges.

Follow the usual procedure.........dpa request first from the bank.

Besides if they were penalties then the agreement is questionable.

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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