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    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
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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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Is the bank taking your Benefits ?


MARTIN3030
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There have been several reported cases of Banks taking charges from accounts that have benefits paid into them by DWP and Social security.thus leaving them with little or no money.

Here is a template letter to take or send to the bank to address this.

It is important to let the bank have this BEFORE you expect to have funds paid in by DWP or the Inland revenue.

A new letter should be sent for each payment that you expect to be protected,customise as required by adding the benefit/type of payment.

 

 

 

 

RIGHT OF APPROPRIATION

 

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;

Rent £xx

Utilities bills £xx

Housekeeping money £xx

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

Yours faithfully,

 

[signature]

 

[print name)

Edited by MARTIN3030

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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Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Likewise a good reference from you.

:)

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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I would expect this to apply to that too yes.

Its not specifically for benefits.....the nature of the letter is to let the bank know that you need the money for essentials......this would be regardless of where the money is from.

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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Martin

 

Would you read it that it can be any source of income not only benefits ??

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Whoops, crossed in the post

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 2 weeks later...

Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info

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Guest HUSBANDKHAN

you are champion. had a problem this week with 2 * £30 being deducted because 2 debit card trans for £4.59 and £3.49 debited on diffrent dates and went overdrawn and over the buffer of £5.00.

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Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info

 

The only words they understand is those with a legal slant to them

There is no reason why it should not work and has indeed worked for many.

The fact that you have brought this to their attention and informed them as such has an effect.Though I suspect there will be an assesment made as to whether allowing you to have access to your money is preventing hardship

if by taking your money this leaves you vulnerable to your ability to function or causes hardship in your household I think there is a case to allow it.

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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I belive that when the banks take bennifits. that the dwp can take back off the back.

as when i had problems and asked the dwp to not make any payments too the bank

I was aske if they had grabed any and if i wanted them to swipe it back.

 

edited......please we cant use these words !!!

 

and what ones are they ?

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It appears so.

To be honest I was not aware of this until now but my enquires reveal that DWP can indeed have some influence there.

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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Guest Battleaxe

My pension got paid into the bank account we are having problems with, i sent the Letter of Appropriation to the bank,recorded delivery (letter in templates library)they rang me on receipt of the letter to discuss this. Got the pension intact, the bank did not like it, but it worked. I rang DWP and explained what was going on and arranged for my pension to go into my parachute account. DWP said they could help if I wanted the pension still to be paid into the account in dispute, but think having it paid into a different account is better for me.

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Good to hear you have got things sorted....:)

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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A superb post Martin.

DWP can influence a little if you speak to them.

Also, for benefits, set up a post office account immediately so this source of income is protected if your money is constantly being taken.

This account can be opened upon request in any benefits office/jobcentre.

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Not really a good idea as its likely that there will be 2 of them in the room with you......they tend to do this as intimidation and know that you wont feel comfortable.

Best keeping things to the written letter,that way you avoid the confrontation but still get the result.

Dont forget a letter of appropriation needs to be sent for every payment you want protecting.

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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  • 2 weeks later...
  • 2 weeks later...

Hmmm, does this mean that the two charges the bank intend taking from my account in December and January can be av oided. Most awkward months when the charges are for money I lodged in the wrong account for £2 DDs to charities.

 

If I'd had £35 x 2 to spare. I'd have given it to the charities, wouldn't I?

 

I know £2 per month is mean but I give so to a number of charities and it really is all I can donate: a wee bit more than I think I can afford 'cause I reckon we always think we need more than we actually do.

 

Can I phone DSS or wahtever they're called these days and get them to intervene?

 

It will be coming off DLA and IS payments.

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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Years ago i overdrew on my hsbc accounts. It really got their nerves and i had a meeting with their area manager. What i did not know is that the bank manager and his assistants would turn up. anyway when leaving i told the assistant"hes got a weed on"(area manager) and they closed the door on me and would not let me out of the office until i expalined what a weed on meant As they though it was an insult.

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Suggest you send the letter with the regulations inserted teeling they can't touch your money & demanding they refund any they have already taken in such circumstances

 

 

Hi am with the halifax just about to send letter right of appropriation and added social security act clause 187 to it, just wonderin if i can claim all previous bank charges against my account that have been taken from my workin family tax and child benefit what would you say in the letter to try and get them back?

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