Jump to content


  • Tweets

  • Posts

    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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

Have you asked NatWest for charges back and they said no?


mariejader
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6285 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I handed 2 DPA letters into my local branch on Saturday, the few bank statements I have which is for Mar 2000 - Dec 2000 I have calculated at least £1k.

 

This was at a time we both myself and hubby were both lost of jobs because of company moves etc, so having all these additional charges placed upon us was not what we needed.

 

Thankfully we are now in a position where we don't have any charges, I cancelled all my dd's and only pay bills when there is free money, it takes time but the savings on charges is worth the effort.

 

Because we are no longer receiving charges will this effect our claim?

 

Also I cannot see any where in the FAQ section if the 40 days are banking days or just 40 days if someone could advise this would be good.

 

I wish everyone else luck with their claims.

Link to post
Share on other sites

40 days is just like Lent - neve stops.

 

Go ahead and claim your charges.

Link to post
Share on other sites

  • 2 weeks later...

Nat West Letter rcvd today:-

 

Thank you for your letter dated 10th March requesting copy statements since March 2000.

 

You refer to account number xxxx but this was closed in December 2000. The account presently open in you name is numbered xxxxx and this has been opened since prior to March 2000. I therefore assume that you require copies of the statements relation to this account. These have been ordered and I should be in a position to forward them to you within the next 10 working days.

 

Please do not hesitate to contact this office if you should have any queries concerning my letter.

 

Yours sincerely

 

David Forshew

Senior Business Associate.

Link to post
Share on other sites

I called and checked that statements had been ordered for both accounts, as I knew the one account was closed!

 

Also how much would they charge me for statments they said they would be free

:lol:

 

 

 

Abbey also returned my cheque today and said there would be not charge something funny going on I think?

Link to post
Share on other sites

  • 2 weeks later...

I have done a search and cannot find an answer to this if it's been mentioned before sorry but I have searched before posting

 

QUOTE From letter requesting payment

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by he taking by you of penalty charges which you had applied unlawfully to my account.

 

Can anyone advise me how long a default notice stays on your file?

 

I have a couple going back to 2004, which I don't know if they would still show on my credit score, so should I add the above comment or leave it out.

 

So what I am asking is will they still effect on my credit rating?

 

Thanks

Link to post
Share on other sites

There are too many credit ref agencies in my opinion.

 

One should be enough. Why do we need three?

 

Tighter regulation of this arena is needed methinks.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

Link to post
Share on other sites

Totally agreed Dave, maybe this could be the next challenge?

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites

How worried should I be about this?

 

I have no credit cards all my bills are now paid, apart from the NatWest account being overdrawn by £400 (which I could pay back if I needed to I don't use this anymore and I pay £5 in every week to reduce the balance I could pay more but it's a principal thing),

 

I have just got a mobile phone on contract which I was refused a few years ago, I guess my credit score now is ok, am I wrong to assume this?

 

The dates on the defauls were 2004 if it makes any difference

Link to post
Share on other sites

As someone has already said, they will remain on your file for six years after they were issued. If they have been satisfied (ie paid off) then they will probably not stop you getting a mortgage. However, even now they might stop you opening a business bank account, make it more difficult to get a personal current account or a credit card and mean that you would be charged a slightly higher rate on your mortgage.

 

How you proceed is your decision and whilst it doesn't sound as if you suffered any loss, you may, as a matter of principal, want to chase the bank about this. Why should they be allowed to put defamatory information on your credit file for not paying their unlawful charges?

Link to post
Share on other sites

I have today posted my preliminary letter through the door of my local branch

 

I estimate they owe me:-

 

£2194.77 for one account

 

£650.93 for another.

 

One think I have noticed going through my statement the amount of interest you get charged by them compared to the pennies they pay you in interest, these banks must be making a small fortune

Link to post
Share on other sites

Thanks I have included it in my letter but was curious to see what effects it could have.

 

I have opened bank accounts recently and have a business account so I don't think it has effected me to much, but it's good to know what damage it could do.

 

Thanks for your answers

Link to post
Share on other sites

I have now rcvd the standard letter in reply to my preliminary letter I sent to the bank

 

"We believe that our charges are fair., reasonable and transparent etc and charges must stand.

 

I also raised the matter ref the defaults I have been charged for and this was the response:-

 

Turning your question of the default letters issued to you, your account was not transfered to our Credit Management Services Dep and therefore your debt was unlikely to have been registered. The only way this can be confirmed is by obtaining a copy of the Equifax report, as this will detail all registrations. I cannot obtain this inforamtion on your behalf, but you could do so by completing the enclosed application form and sending it to Equifax. There is a £2 fee for the service, but if you were to obtain the copy fo the report and forward it to me, then I wil refund the £2 to your account. In addition, if the default has been registered I will arrange for the relevant entry to be removed.

 

 

 

 

 

So if they are saying they have not transfered my account to the Credit management services why did they keep charging me for defaults on my account, the other thing that I have also just remembered it they arrange for me to take a loan out at some stupid rate to repay the overdraft, so it must have been passed on.

 

Do they know what they are doing? As they are saying in one statement the charges are fair and in the other if they have put a default on my account they will remove it?

 

I guess it's now a case of sending the letter before action, any comments on the above would be appreciated.

 

Before I send for the Equifax report I have just applied for a zero % credit card, if I ask for my credit before I get the card will this count as a search?

Link to post
Share on other sites

  • 2 weeks later...
  • 4 months later...
  • 4 months later...

Hi everyone and Happy New Year to you all.

 

I have a problem with Natwest again so I will try and keep it short and hopefully someone will be able to offer me some advice.

 

I applied to Nat West back in April regarding my charges on two accounts got letter back on both accounts saying would not pay up, at the time I had rather more pressing stuff going on to worry about following this on.

 

So in December I wrote to them again asking for my money back to my surprise I got a letter in the new year offering me £850.93 I checked my records and I had put a claim in for £650 and £2194.77

 

The first letter I received late December was advising that they would refund all unarranged borrowing card misuse paid referal fees accrued and as a gesture of good will and without admission of liability or error and the charges are fair reasonable and transparent etc, total £850.93 there was no mention of account number on my letter, so I called them and was told it was an error and the letter was wrong they were paying £2194.77 if I went into the branch they could fax the department for me so I could accept the correct amount.

 

So off I go into my branch explained the whole story and the customer service lady made some calls and advised that the £850 offered in the letter was for my account which I had closed, I was only asking for £650 she said they have given you more as a gesture of good will! so I accepted the £850 and made a point of writing on the letter and ensuring that their computer was updated to what she told me, that this was for the closed account.

 

This left me then waiting for the payment and an answer to my second claim which on Friday I got another letter offering me £1904.00 which was a bit short of what I had asked but I thought I would accept it and fax it back.

 

I have just called Natwest to confirm they have received my acceptance only to be advised that the letter offering me £1904.00 was an error as they had not realised they had already paid me £850.00 so all I am now getting is £1300.00 can they do this? the letter I got on Friday did not mention any deductions I explained they were two seperate claims, so now they have given me the snr customer relations managers direct line to call him but I woukd like some info before I call can they do this legally?

Link to post
Share on other sites

Update, I have just called Nat West and asked why have they changed their offer anyhow to cut a long story short they have agreed to pay the £1900.00:-)

 

So I would suggest that if you have applied and they have said no send them another letter asking for the charges you may be successful second time around.

Link to post
Share on other sites

As the title say's Have you asked NatWest for charges back and they said no and then not taken your claim any further?

 

 

If this relates to you then I would suggest that you write to them again:?

 

I sent my origianal letter to them in April and got a reply charges fair etc at the time I did not have enought hours in the day to continue with it so I did nothing.

 

Early December I decided to start again so I pulled out my original letter and changed the dates and sent them off again, and they have just agreed to pay up:) :) :) (Yes on two accounts and on the first letter)

 

So I would suggest that you do the same

Link to post
Share on other sites

Congratulations, but please be aware that they've still won in a way - they've not paid you every pound and pence that you were owed.

 

A lot of users on here have been offered settlements, but have refused and got every penny back.

 

However, the offers do seem like the best settlement offers I've seen on here, particularly from NatWest, so well done indeed!

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6285 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...