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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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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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If you refuse the new T&Cs, what if they demand repayment of the o/draft?


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Ok, so you have sent your letter:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/226753-complaint-about-halifax-new.html#post2512552

 

and soon enough, HBOS are going to reply. You are worried they'll use their usual bully tactics and tell you that since you won't play ball,

they want you to repay your overdraft. Here's the catch: like so many of us, you can't.

 

Are you trapped?

 

Hell NO. :p

 

I wrote this a few years ago:

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/73030-taking-back-control-your.html

 

and even though some of it has aged a bit, the advice is still relevant.

However, here for those of you who are just worried about the overdraft part, here's a guide to help you through this:

 

If the bank tells you to repay the overdraft in full, don't panic.

 

Go and open a parachute account. If your credit score is poor, you can still open a basic one, in which you can set up all your Standing Orders (and direct Debits if you must have them), get your benefits and wages etc all diverted there. BEWARE! Do not open an account with a bank which is part of the same group, you never know if they won't try to offset the debt.

 

Work out how much you can repay per week/month without leaving you in financial dire straits. Write to the bank telling them that you can not possibly repay the o/d in one go, and that you will pay back £xx per wk/mth/4 wks/whatever until o/d is cleared. Enclose 1st payment in letter. If they cash the cheque, it will be all the harder for them, in the case of future argument, to explain why, if they didn't accept the agreement, they cashed the cheque. You need to say in your letter that this is the best you can do, and if they are not happy with it, they can and should take you to court and ask a judge to decide what and how much you should repay. Oh, and demand that they freeze interest onto the debt until it is paid off, or at the very least that they keep you under the existing T&Cs and current interest rates.

 

Before you jump ship, change your contact details, phone nos especially so they can't hassle you. Ok, so it may not be particularly straight dealings, but then neither would it be them phoning you 30 times a day and harassing you, so think of it as getting your retaliation in first. ;-)

 

Once you are out of their clutches, what's the worst that can happen? They can add charge after charge, which you'll refuse to pay. Realistically, all they're doing is add numbers to something which is no longer dragging you down. Let them add!

 

They could pass it to a DCA. Oh NO! And? ... As long as you are paying off your o/draft at the rate you have offered, religiously and without fault, there is not a lot they can REALLY do. Think about it.

 

Please please please don't let the fear of the withdrawn overdraft frighten you. It is merely one more debt, and not -despite what they'd like you to believe- even an important one. In the great scheme of things to pay, it would be right at the bottom of the list. They know this. Now you do too. :-)

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Good post Bookie, stickied and closed.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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