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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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The camel's back has been broken! ***WON***


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Hi,

 

I found this site through a link on a news article a week or so ago and read some of the threads here with great interest! Well I've decided to start my own after finally reaching the last straw with my bank and their charge-happy policy!

 

It was brought about today after I was reviewing my statements online, and thanks to referral charges noticed I was pushed over my limit and subsequent direct debits at the end of last week were returned and more charges applied.

 

Due to my work my pay date is fairly irregular, however it is constant (income each month). I have had the same situation in previous months, and not received charges, or I've received charges and the direct debits have been honoured. The inconsistancy is quite amazing!

 

I have spoken to the bank this afternoon though and despite complaint, they were unwilling to do anything about it. I would have let it go had they offered to refund any charges outstanding, however I have decided now to persue the refund of these charges and all charges since 1st January 2001. I expect the amount to be fairly high, since checking my online banking for the last 6 months for all Charge transactions resulted in a total figure of £444.00.

 

I have drawn up the letter requesting an outline of all charges and manual interventions on my account and will be sending it today by recorded delivery to provide proof of sending and receipt.

 

I will update on here when I hear back and may also call on some help from a few of you here if that's ok, although there seems to be quite a bit of information available already!

 

 

Thanks!

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Will do. I thought I'd add, my branch is Bishopsgate in London. Don't know if that makes a difference and is worth noting?

 

Do the early stages of these requests get dealt with by the branch or by some central administration?

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Generally the letters find their way to the department that has been designated to deal with them. You can send the letters to your branch, but unless the amount claimed is less than about £50 it will be passed on to the relevant centralised department.

 

 

 

 

 

 

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Is it worth me sending it to the "central unit" in the first place then? (does anyone know the address?) Or is it easier for me to just deal with my branch and let them handle that side of things...

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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  • 1 month later...

Right. Just thought I'd post on here to keep my "diary" up to date. After reading through and realising that once the ball was rolling I'd need to remain committed, I held back from sending my initial request as I had a few things going on (new job, holidays etc) as I knew I'd probably fail to keep on top of it.

 

However, I've posted the letter yesterday, Recorded, and it's been received today. So now the first clock is ticking. 40 days until I get my statement copies. Woohoo! lol

 

I guess i'll update around the 4th September, as I doubt I'll hear from them quickly going by typical response times mentioned on here (though you never know!)

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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  • 4 weeks later...

Just an update to the "diary"...

 

I noticed checking my statement today, the following entry:

 

21 Aug 2006 CHG HISTORIC STMNT FEE - 5.00 £xxx.xx

 

Do I take it this is NatWest charging me for my statement copies? I haven't checked my other bank account from which I wrote the £10 cheque from to see if that has been cashed yet, but I'm guessing they just debited my account with the fee instead? I can't think what else this could relate to...

 

Anyone else seen this before?

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Guest NATTIE

Yes and that also means that they are on their way. Another point start letters to the branch at first and then you will get a response from someone who is dealing with it.

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Thanks NSM.

 

Well I guess there'll be a covering letter with the statements (?) so that will give me a point of contact....

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Ok!

 

Sure enough - they arrived today. I've just finished totalling up all the "Charges" on the statements.. and from the first statement they sent me (01 Jul 2000) to present, the total before interest comes to £5,811! I was expecting a high figure, but not THAT high. Quite shocking when you go back through all the statements and add up the charges (especially when you see the compound way they charge - a charge for the initial non-payment, and then another charge for the referral - nice!).

 

Anyway, what do you guys recommend I do now? Obviously that total is over the small claims court threshold of £5,000. I can ignore the first year or so and that drops it to just under £5,000, but then if I were to add the 8% interest onto this it then goes back over. Do I need to find a way of claiming below the £5,000 threshold including interest? Or maybe I should ignore claiming interest? Or split my claim into charges and then another claim for the interest on those charges?

 

Thanks for any advice in advance!

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Just read the FAQ again and saw a note that said it can be advantageous to claim more then £5,000. I would rather put one claim in for the entire amount anyway, but can't find what these advantages and disadvantages of claiming above £5k are?

 

Obviously I still need to write a LBA before I go to court, which I will do tomorrow, but I guess I need to keep the amount I claim from the bank initially in my letter the same as the amount I'll be putting into MCOL?

 

Bit confused what to do here as you can see - if anyone can help clear up what I should do it'd be very much appreciated!

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Guest NATTIE

start with the charges that are the oldest and total them up, when you get to £5k start with these ones, once you win start the ball rolling on the rest

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But won't it be hard to claim for more charges once I've accepted a full and final settlement?

 

Can someone explain the pitfalls (and advantages) of claiming more than £5,000 since I would rather go for all the money in one go as I don't fancy going through this more than once!

 

From what I understand, it may mean the cost of the court proceedings is higher (but still reclaimable if i win) and that I won't be protected from having to pay costs if I lose the case (unlikely). But then I've read elsewhere on here that the court costs are still capped (at £750)?

 

Basically, if I claim my full amount £5,811 (£7,206 if you include interest on those charges at 8%):

 

Can I still start proceedings through MCOL?

 

What is the maximum costs I will incurr (to initiate proceedings, and also in the event i lose)? Is it capped/fixed?

 

Is there any reason not to go this way (apart from increased costs liability). Is it a longer/different process?

 

 

Thanks guys!

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Guest NATTIE

Sixspeed. full settlement on that claim only. Remember the bank does not dictate the terms of any settlement, you determine them.

I don't have answers to all your questions but I'm sure others will on the MCOL side of things

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Thanks for your help again NSM... :)

 

In absence of any further replies, I will send a initial letter claiming for charges from Jan 2001 to Dec 2004 (approx £4,700) by Special Delivery tommorrow.

 

Oh, and one last question - as I've seen conflicting information reading these forums - is the £5,000 limit for the small claims procedure inclusive of interest or not? ie: With the dates above, the charges amount to approx £4,700, which is under £5,000. However should it go to court, then with the 8% interest added this becomes about £6,200, which is over. Does that matter?

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Hi

 

Wellcome to the over £5,000 club if there isnt one then we should start one after all we are a bit exclusive. I bet not many people get mugged by their bank for 5 big ones

 

I am in the same boat as you as my claims against Nasty West are also above the £5,000 ceiling for claims in the Small claims court. So although I have posted a thread of my own today seeking advice before I read yours.

 

However I will be following your thead very closely

 

The best of Luck

 

Cally

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Yes, hopefully not many people do - but I bet it's more than you'd like to think!

 

I'm going to claim for the first 4 years to bring my first claim under £5,000. I will see how that goes and then make a second claim for the others (or keep it "in the bank" so to speak for a rainy day.. lol).

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Guest NATTIE

The interest you can claim is not my specialisation but I will reply and bump this up the thread so others can advise and that particular point

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Update today:

 

Well at lunchtime I took my Preliminary letter down to the Post Office and sent it to my branch in Bishopsgate via Special Delivery.

 

I've decided to cut-off the date for the claim for the period covering 1st Sept 2000 to 31st December 2004. This brings the current claim to a figure around £4,700, under the £5,000 limit for Small Claims Court proceedings.

 

So Natwest have now until Wednesday 13th September to respond. So I'll guess i'll update you nearer that date!

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Checked with Royal Mail at lunchtime:

 

Your item with reference ZVxxxxxxxxxGB was delivered from our EAST LONDON Delivery Office on 31/08/06 .

Thank you for using this service.

We can confirm that this item was delivered before the guaranteed time.

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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Interesting.

 

I've just had a phone call from my branch saying that they have received my preliminary letter and that they are looking into it. Interesting that it wasn't a fob-off as such. However, the manager at the end of the line said that he had spoken to Customer Services for advice, and that he'll need to order copy statements to look into the charges, which takes up to 10 days, so it is unlikely he will be able to respond within 14 days.

 

I didn't say much except to ask him to put everything in writing, and he said a letter will be going out to me. Maybe that will turn out to be the usual standard response, and the usual process will resume from there. However, on the assumption that I get a personal letter saying they are looking into the problem but require more time, where should I go from there? Shall I just firmly, but politely ;) , tell them that 14 days should be adequate enough for them to deal with the request (obviously they'll receive another 14 days once the LBA goes out)?

 

I guess it's not really worth making a decision until I receive the reply, but just was a bit surprised by the call (especially from a Prelim Letter) so thought I'd post.

NatWest latest: Charges settled in full + interest - 04/12/06

MBNA latest: Charges settled in full! - 20/11/06

 

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