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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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    • 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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Emex/Nationwide mortgage charges


sam1234
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I have a problem with E-Mex/Nationwide.

 

I sent them a letter (template from this site) asking for unfair charges to be refunded.

 

Took the mortgage out 10 years ago (interest only) and have now just sold.

 

a few years into the mortgage i got into difficulties and they served a possession on me which I managed to get suspended. Since then the account has been up to date arrears paid up etc

 

The charges on the account however, total nearly £5000 all of which consist of DD charges and solicitors fees of £2000.

 

I received a letter from Nationwide saying that they had reviewed these charges and would be refunding £800 to my account.

 

I called them and they try to side track you saying that Emex levied these charges etc but they have made a gesture and think thats fair.

 

When I challenged them on the £2000 solicitors fees from as they put it third party companies, I was told that I could not see them as this was a transaction between Emex and their own third party solicitors!

 

One of the issues that created these charges were caused by the fact my wife paid it every month by way of Bank Transfer and although the money hit their account instantly, they said it could take up to 7 days to find its way to our account. Which meant we would be in arrears.

 

I dont know really where to go with this? any help greatly appreciated

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did you do a spreadsheet and calculate the full value of what they owe you?

 

 

I wouldn't ever be ringing them

they'll simply fob you off

 

 

you can also reclaim the arrears fees and letters fees

debt management etc

 

 

have you all the statements?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, I think that you need to give a more detailed breakdown.

 

In particular, can you tell us about the late payment charges. How many of them were there and how much was each one?

 

What did it all add up to?

 

How badly were you in arrears without the charges?

 

If you can say that the arrears were essentially caused by unfair charges then I think that you won't have too much difficulty in establishing a case for unfair treatment.

 

However, you will have to be much more detailed about the position.

 

Have nationwide actually refunded the £800? If so, have you signed anything

 

Also, as suggested above – you should not be phoning anyone but if you do then you should first of all read our customer services guide and implement the advice there.

 

This is essential when dealing with any company

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i haven't accepted anything from them just called and questioned their reasoning behind their decision. told them I wasn't happy with this and would be writing to contest. I have all the statements and just running out onto spreadsheet. There's a lot.

 

I was 4 months in arrears and repaid all outstanding debt. charges with solicitors cost £4,947.

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