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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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Mairi v Bos (Round 3)


Mairi
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Hi All,

 

Some advice needed please.

I sent my letter demanding refund of charges to BoS on 12 April, giving them 14 days to respond.Sent it rec delivery.Heard nothing back yet. But made the mistake of phoning to try and find out if they had received my letter, i had to call 3 diff numbers and still don,t know if they have received it yet.

I ended up agreeing to hand in my cheque book and guarantee card at one point, during call no2 as i,ve again went OTT by £245, £207 is bank charges.

Will it be a mistake to close the account?

 

mairi

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It doesn't matter if the account is closed as far as claiming for the refund is concerned.

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 3 weeks later...

I had 3 years worth of statements tucked around the house which i have based my claim on. Sent my initiall letter on 12th April. They replied saying they would be back in touch within 4 weeks. Was away for a while and had so much going on that i let them away with it. Had just drafted out 2nd letter when yesterday i got a call from the lovely lady at BoS.

She said they would refund me £364 out of the £3800 that has been (edit) from my account in the past 3 years. I said "no thanks" it immediatley rose to £1120. (big jump after one small "no").I said i would accept it thanks very much, it was a start and I'd recover the rest in the court.

I then got a letter this morning saying i'd declined the offer of good will in full and final settlement, so I'm back to getting nothing. Maybe i,m a bit thick but nothing was mentioned about not getting back the £1120, as she led me to beleive i would.I've been trying to call them to clarify but they must all be out for the day as i keep getting returned to the switch board where i'm told they are not answering the phone , and to call back later.

2nd letter will be in the post tommorrow.

Mairi

moderated: please do not post what may be seen as libelous comments on this forum please ,this is to protect the site

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  • 2 weeks later...

I've just received a letter from Bos. full of errors name spelt wrong ,wrong date and wrong person quoted as having written to me, anyway. i think it's now time to visit the court.

 

Thank you for your letter dated 15 April (15 May).

I would refer you to Tom Copeland's letter (who! You mean Elaine Brown), in which she gave you our final response. In this letter we also gave you referal rights, so you can take your complaint to the FO, if you wish. However we are aware that this is not the action you may choose to take.

I am aware from your correspondence that you are proceeding with your claim through the courts. in accordance with your notification, cust relations will take no further action in relation to your complaint, and we will await communication with our legal department advising us of the claim.

there remains nothing further for me to add, other than if you have any other concerns you wish me to investigate, then please do not hesitate to contact me.

 

Is this the standard Bos reply to LBA? are they just trying to scare me off?

Any advice.

Mairi

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I didn't even receive a response from them re. my LBA. Good luck with the Court Action!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Im having a wobble.

Im claiming around 4k in segments of 750, from BOS. i filled out spreadsheet to work out interest and im having a nerve attack and can't make anymore decisions. Starting with 2003, ive entered around £570 of charges against my account, and have came up with £130 in interest. Does this seem correct or am i losing the plot!

Mairi

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  • 2 weeks later...

Hi all

Have just been down to the sherrifs court and have filed my first claim.

After all that worry it was no problem.

Just have to sit back and wait now.

Mairi

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  • 3 weeks later...

Hi again all,

Have a return date of 18/8. Still another 9 weeks to wait. ahhhhhh

Getting edgy and bored so decided to start on my husband account.

Sent his LBA today. Mr Mairi v BOS. Hopefully this will proceed a little quicker, (though i doubt it)

mairi

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Hi all

Have just been down to the sherrifs court and have filed my first claim.

After all that worry it was no problem.

Just have to sit back and wait now.

Mairi

Hopefully you wont have to wait too long, BoS paid up 4 days after my claim was served on them, I will be interested to see if they pay up the 8% interest.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Let us know how things go, will be starting my own action against BOS very soon! Good luck! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Hi All

Thanks for the replies folks. Good luck Fruitycar. After that shambless with your interest, you must be furious. As yet i've heard nothing from the Bos

I called the Sherrif this afternoon and was told they should have received my claim within the last 10-14 days. But i reckon they are going to make me wait until the bitter end as i was a bit lax at the beginning, and couldn't stick to the proper timetable. Now i think i'm paying for that. Or maybe i'm just too impatient, paranoid and skint.:mad:

Don't think i could do this without my 3 times a day fix (Im a CAG junkie) of reading others good news to keep me from pulling my hair out.

They better give me my money back soon or im going to have to use my winnings to buy a wig.:-D

mairi

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  • 1 month later...

Hey All

Have just checked my bank balance for the second time today, and hey presto £726 + £164 has been deposited into my account.

 

I wonder who done that?

 

Looks like i've just won claim no1.

 

Thanks to everyone, donation on its way tommorrow (when i get my cheque book back) LOL.

Mairi

 

 

Keep at it everyone we kow we are in the right.

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Thanx BlueRuby.

Will be sitting up v late tonight sending letter to stop this claim, sending Bos extra 7 day LBA and doing claim no2.

Im enjoying this now, and grinning from ear to ear.

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CONGRATULATIONS

 

1 - 0 to you....!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Congratulations Mairi, and good to see this has given you the confidence boost to get right back and claim the next lot.

 

Well Done!

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Thanks for the replies folks.

thinking maybe to go for summary cause this time. Going to have a read up on it.

Anyone have any opinions on the summary cause route?

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Im sending letter to Bos, giving them another 7 days to refund the rest of my charges. After them settling claim no1.

Does this look okay?

 

Thank you for refunding my charges from small claim number #######. I have contacted the court to dismiss proceedings.

 

I am enclosing a revised copy of all the other charges that you have imposed on my account in the past 5 years and will give another 7 days to respond positively to my demand to repay all unlawful charges to my account.

 

Without further notice I will commence proceedings in the Scottish Small Claims Court on the 24th August, 2006 for the next £750 in charges applied to my account.

 

mairi

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I would be more specific in your letter, IE Don't say all other charges but say you want back charges from xx/xx/xx to xx/xx/xx. And I wouldn't say small claims court or £750, I'd just say If I don't hear a response or you don't respond positively within 7 days then I will commence a further claim on 24 August 2006. That way they may refund it all rather than just £750.

 

Maybe wrong but that how I'd tackle it.

 

:)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Well still no reply.

Fed up with all their stupid tactics, So have taken the plunge and Im going for Summary Cause this time, have filled out claim No2 and will be taking a jaunt along to the court tomorrow.

Wish me luck! LOL

mairi

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