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    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
    • good spot...though i'm unsure, but it does seem like it can't be related to this latest issue as the OP mentions she knew nothing about the  order. dx  
    • wasn't that for the CCJ for the mental capacity with the leaseholder?   SO would be different to this.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Confused me against the natwest **WON**


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Hello all, I have sent my first letter asking for them to pay me back my illegal bank charges. It comes to about £1,800, so wish me luck:)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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thanks so much just trying to understand about threads, new threads etc etc

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I haven't quite got to grip with the thread thing. I am in the process of claiming about £1,800 from the vultures at this bank. I have sent my first letter asking them to repay their illegal charges. I have received a letter from them within the 14days limit telling me that my request has been forwarded to their offfice that deals with bank charges. they have given me 10 working days. Do I wait to hear from them or do I send them the letter before action now.:confused:

 

Any advice appreciated.

 

Thanks

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Sandra,

 

I would personally send the LBA according to YOUR deadlines. They could have forwarded your preliminary letter to another office the day they received it, it's not your fault they are so slow!

 

Don't let them use delaying tactics, you have been very clear on your deadline in your letter.

 

For further reassurance, I suggest you read the 'step-by-step guide' again (I refer to it frequently!).

 

Hope this helps!

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;) Mupster
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Hi sandra

if you get lost at anytime click the dark blue consumeractiongroup at the top right corner of the blue section.

 

This will show you all the banks and sections in a list like a book index.

 

Under any one of those banks you will find many threads all stated by new members, click make a thread when you are in there and make it a V's thread. that will be your main claim.

 

return to the index and find your next bank, and again make a new thread.

When you want to update us or check you thread you will find it in that bank section.

 

if you want easy access to your thread, when you make it and apply it, when you see the finished result, look up to the right side of the thread and you will see thread tools hover mouse over it select subscribe and choose yes.

 

When you want to See your subscribed tools look at the top section again and use quick links select subscribed threads.

 

i hope this helps.

Bl:)

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Hi Sandra

 

Good luck,just do a lot of reading, save bits you find might help later on, and stick to deadlines, that way further down the lie it shows you are true to your word and they cant throw things back at you, also sticking to deadlines gives you the oppertunity to read upon the next stage, and less mistakes are made.I had a response to my lba within days but im giving them until the 24th which is 14day deadline before i go on to the next step.

Good luck

 

Tracey

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Hello, Can anybody advise me. I have received my reply from the infamous Stuart Higley at the Natwest saying no way do they owe me any money. The bit that is interesting quote "In your letter you have claimed that we have been acting as your fiduciary, which is not correct. This doesn't form part of the normal banker/customer relationship and if your claim is based on this premise I can only recommend that you seek independent advice". Is this a scaring tactic to put you off track

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Just disregard that bit Sandra and carry on regardless. It's something they have started putting in but it's meaningless in the context of claiming back your charges.

 

Paul

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Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Hi Paul,

 

thanks for your advice, read your thread with interest. Good luck to you

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If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Still don't think:confused: I have got the hang of these threads, but hopefully I will get there. I am just about to sent off my LBA to the lovely Mr Higley. Do I sent it to the address on the letter I received Natwest House 225 Shenley road Borehamwood WD6 ITE or the Bishop Court in London. Also advice on when do I apply on the Moneyclaim site to take them to court. Do I wait till the 14days are up or when I hopefully get a reply.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Probably best to send it to the same place you sent your preliminary letter.

I personally sent my LBA to my local branch, it gets passed on to the relevant department via internal mail anyhow. You will be told when to use the registered address, usually ant the claim stage.

Its best to let the 14 days pass and then file claim, that way you have stuck to all the deadlines you have offered and given the bank every opportunity to respond positively.

 

Best of luck with your claim and keep us posted!!

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IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thanks for your advice, will keep you posted:)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Still don't think:confused: I have got the hang of these threads, but hopefully I will get there. I am just about to sent off my LBA to the lovely Mr Higley. Do I sent it to the address on the letter I received NatWest House 225 Shenley road Borehamwood WD6 ITE or the Bishop Court in London. Also advice on when do I apply on the Moneyclaim site to take them to court. Do I wait till the 14days are up or when I hopefully get a reply.

 

Hi Sandra,

 

I received the same letter from Mr Higley regarding "Fudicary" and i have ignored it, i sent LBA to him at Shenley Road, I have now completed claim form on moneyclaim and addressed that to 135 Bishopsgate.

Hope this helps.

 

Sharon

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Hi Sharon,

 

Thanks for your advice. I will definately ignore it and I have sent my lba to hime at shenley road. Sounds like he'll be busy and justify his large salary. ha ha.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

Hello, I think I've done a bobo!!!! I have sent off my lba to shenley rd. I runs out today and I have heard nothing. Been thinking about my account with the Ntwest. It has been closed for nearly a year after I reached a financial crisis and had to start a debt management plan. The natwest filed a default notice because I had a £1,100 overdraft which I could not pay. I have been making payments through a debt management scheme to them every month for the last 10 months to pay the overdraft off. I seems like a double insult to me. They have taken illegal bank charges from me totalling £1,660. Filed a default ntoice and are now making me pay them another £1,100. Is it to late to bring this matter to their attention. Do I write to them regarding the overdraft of £1,100, telling them to address this matter and that when they repay me back my unfair bank charges they must repay me the payments I have made against the overdraft and then write it off.

 

Do I send them another letter regarding this matter, giving them a bit more time and then file a court claim. I stated I was confused against the natwest, maybe I should of said thick.

 

Any advise would be most helpful

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi sandra

 

no you havn't messed this up, in a way you have actually done things just right.:)

 

Ok, so you have been defaulted and had your debt passed to a DCA.

 

Firstly, reclaim charges but along with that, insist that the default is removed from your credit file. When you have reclaimed your charges, you should use that to clear the debt. If there is still money owing or you have paid more than you should have then you have really strong grounds for disputing these amounts legally.

 

One user recently 'Allyxia' (read her threads. nationwide + NatWest) had a CCJ overturned, even though the debt was greater than the charges.

 

Defaults are not my speciality, so you need to do alot more reading, but all in all you are in a really good position to sort this problem out permanently

 

good luck and i'll try and bring this thread to the attention of someone who knows more about defaults.

 

:)

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I think this could be a good case for going for contractual interest. This appears on face value to an instance when the bank charges have compounded the problem and created the debt spiral. Have tyou had a look at Vampiress spreadsheets?

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Well I have had no resonse to my LBA after 16days. I suppose this is quite normal. Or maybe that have not received it. Or maybe their response is somewhere in the xmas post. OR OR OR. !!!!!!!! So I am going on Money claim later.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello, Can anybody give me advice about the money claim. I have filled the Particulars of claim using the template. I have calculated the 8% interest over the six year period and then added on the 8% interest from the date of the last charge until today. Is that correct. I hope so, the total is going up and up:) . Another question Have the bank violated my human rights:confused: I feel like they have. but I need to know which box to tick.

 

Any help much appreciated

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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For your 8% intertest you need the figure that's been calculated up to the day you submit your claim through the courts. The spreadsheet should automatically calculate this if the date is correct on it.

The daily interest generated each day after your claim is filed will automatically be added on by the courts.

 

For the human rights box tick NO.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Many thanks for your advice will do asap.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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