Jump to content


  • Tweets

  • Posts

    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "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 ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
  • Recommended Topics

  • 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
      • 161 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

Forkandles V Bank of Scotland ***SETTLEMENT ACCEPTED***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6468 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

no, handles for forks!

 

Welcome aboard and good luck, we will watch out for updates

..

.

 

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.

 

 

Link to post
Share on other sites

  • 2 weeks later...

I suspect they're just a little busy :)

  • Confused 1

..

.

 

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.

 

 

Link to post
Share on other sites

Just a quick question, hope you all don't mind.

As I am at the LBA stage, do I stick with my full ammounts or do I start to break them down to prepare for court, as it seems advisible to keep claims to £750 max.

 

I am claiming for two accounts one for £1078.50 and the other for £1120.50

 

:confused:

Link to post
Share on other sites

Are you in Scotland or England? Where was the contract made?

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

Link to post
Share on other sites

I am in Scotland. One letter was sent to my local branch, the other to retail bank collections in Halifax.

 

I have an agreement where I am paying money back to these accounts and now use another bank for my banking as I am having real debt issues. If I can get the money back then it would half the ammount that I owe to them.:-|

Link to post
Share on other sites

And on the 14th day a letter arrives............

 

Dear Forkandles,

it is my understanding that you are unhappy at the charges that have been applied to your accounts over recent months, and you feel that these should be refunded as dictated by recent Office of Fair Trading investigations.

 

Having started it's investigation into charges in 2004, the Office of Fair Trading (OFT) confirmed its opinion that default charges, as they are called, of more than £12 should be considered unfair.

 

We have noted the comments made by the OFT and have co-operated fully with the OFT during the consultation process and will naturally continue to do so. However, we cannot comment further at this stage, as we need to fully assess and understand the recent announcement.

 

At the moment the statement refers specifically to credit cards, but is likely to be expanded to other products in the near future. HBOS along with other lenders will respond to the OFT statement in due course.

 

Charges are specifically applied to customers whose transactions fall outside the parameters that have been set. It is approriate that an individual whose balance was insufficient to meet payments that he/she has made should bear the cost of the additional administration incurred as a result, rather than expect this to be absorbed by the shareholders as a whole. They are only applied when transactions fall outside the limits that have been set and they are thus valid.

 

In regard to your credit file I can confirm that this is a true and accurate reflection of how the account has been maintained. In light of this we would not be able to ammend any information.

 

I am sorry that this letter does not provide you with the response you are seeking however I trust this clarifies matters for you. I have enclosed a copy of our complaints leaflet, which explains our procedures.

 

Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If I do not hear from you within the next eight weeks I will assume you are satisfied with our response to your letter.

 

Yours

Liam Pollitt

 

This letter was sent from Halifax, at Trinity Road.

 

Any comments please.:confused:

Link to post
Share on other sites

Waffle.

 

Just proceed with your claim.

..

.

 

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.

 

 

Link to post
Share on other sites

Thanks for the comments.

 

After going through other posts I have decided to send the LBA, but asking for just £750 as this seems to be the best way to proceed in Scotland.

 

What I would like to know, do I just arrive at this figure through charges alone or do I try to get this figure from charges and the overdraft interest?

 

I do intend to go after all the charges, but in £750 blocks, so this may take a little while.

 

Any thoughts comments?:confused:

Link to post
Share on other sites

£750 in charges

..

.

 

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.

 

 

Link to post
Share on other sites

Another letter arrives....

 

Dear Forkandles,

Thankyou for your letter...blah,blah.....charges are justified....blah,blah.....However, as a gesture of goodwill I am prepared to refund £475 of charges in full and final settlement of your complaint. This amount covers both accounts, £250 for one and £225 for the other.

 

Thankyou, but no thanks I want ALL my money back and will be writing to let them know. I am so glad they sent this letter, because now I feel that they are on the run and will at some point cave in and give me money back.

 

The letter was sent form Retail Banking in Rosyth.:-)

Link to post
Share on other sites

LBA sent of yesterday (21/6/06) to branch and Halifax for £730 in charges from 2001 to 2005. I included a list of all the charges dates etc.

 

For fun I sent a reply to the letter offering me some of my money back, saying that I would take that, but that I also wanted the rest from them. Lets see what they come up with next.:grin:

Link to post
Share on other sites

I've just had fun with them today on the phone. Will post more details early next week as I don't want to compromise my position....

..

.

 

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.

 

 

Link to post
Share on other sites

  • 1 month later...

Was getting ready to head to court with a claim for £730 (first block of charges) when I get a phone call and letter offering £1413 for both accounts, it breaks down as follows:

 

Account one: charges claimed 995.00

bank offer 749.00

difference -246.00

 

Account two: Charges claimed 1027.00

bank offer 664.00

Difference -363.00

 

Total claimed 2022.00

Bank offer 1413.00

Difference - 609.00

 

The figures quoted do not included any interest. To be honest I am thinking about taking this offer. This is due to the fact that i have to claim in £750 (max) blocks in Scotland and the thought of having to do this for months at a time does not seem that appealing.

 

Any comments......................

Link to post
Share on other sites

  • 2 weeks later...

Congratulations

 

Would you take a moment to fill out the survey please?

..

.

 

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.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...