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rachaelc

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Posts posted by rachaelc

  1. My friend recently visited parked on an Aldi Car Park for more than the 1.5hr limit, without visiting the store (slapped wrists!!) She though nothing of it but a week later recieved a parking fine notice of £30, she held her hands up to it and telephoned the number on the fine notice and paid the £30 through the automated service. She thought that that was the end of it............until she recieved ANOTHER notice stating that she hadnt paid the 1st one!! She checked her bank and the money had not been taken out. The telephone call did not say that her payment had been declined so she does not have a clue what to do!!

     

    The companies website says that the management can use then free of charge so if she went to Aldi they'd just go 'nothing to do with us', the only think she's got to show is her phone bill to show the telephone call. The company does not have any other number and its totally automated so can not speak to a 'real' person, the address is just a post address, no one mans it - so were in a pickle - any ideas how to go forward on this one?

     

    The company is called Creative Car Park Management' (!) Any advice greatly appreciated!!

  2. Hey there here are the particulars, any help greatly appreciated!!!

     

     

     

     

    In Respect of:

    Amount

    Date Incurred

    Days since offence

    Interest 8% APR

    Paid referral fee

    £20.00

    08/02/2001

    2065

    £9.09

    Paid referral fee

    £20.00

    12/03/2001

    2033

    £8.95

    Paid referral fee

    £20.00

    16/05/2002

    1603

    £7.05

    Paid referral fee

    £20.00

    10/07/2002

    1548

    £6.81

    Paid referral fee

    £20.00

    08/10/2002

    1458

    £6.42

    Paid referral fee

    £20.00

    10/10/2002

    1456

    £6.41

    Paid referral fee

    £20.00

    15/10/2002

    1451

    £6.38

    Paid referral fee

    £20.00

    31/12/2002

    1374

    £6.05

    Paid referral fee

    £20.00

    08/01/2003

    1366

    £6.01

    Paid referral fee

    £20.00

    09/01/2003

    1365

    £6.01

    Paid referral fee

    £20.00

    13/01/2003

    1361

    £5.99

    Paid referral fee

    £20.00

    08/05/2003

    1246

    £5.48

    Paid referral fee

    £20.00

    10/06/2003

    1213

    £5.34

    Paid referral fee

    £20.00

    19/06/2003

    1204

    £5.30

    Paid referral fee

    £20.00

    07/07/2003

    1186

    £5.22

    Paid referral fee

    £20.00

    08/07/2003

    1185

    £5.21

    Paid referral fee

    £20.00

    09/07/2003

    1184

    £5.21

    Paid referral fee

    £20.00

    28/08/2003

    1134

    £4.99

    Paid referral fee

    £20.00

    29/08/2003

    1133

    £4.99

    Paid referral fee

    £20.00

    04/09/2003

    1127

    £4.96

    Paid referral fee

    £25.00

    30/09/2003

    1101

    £6.06

    Paid referral fee

    £25.00

    03/10/2003

    1098

    £6.04

    Unpaid Direct Debit

    £30.00

    03/10/2003

    1098

    £7.25

    Paid referral fee

    £25.00

    06/10/2003

    1095

    £6.02

    Paid referral fee

    £25.00

    07/10/2003

    1094

    £6.02

    Unpaid Direct Debit

    £30.00

    08/10/2003

    1093

    £7.21

    Paid referral fee

    £25.00

    04/12/2003

    1036

    £5.70

    Paid referral fee

    £25.00

    18/10/2004

    717

    £3.94

    Paid referral fee

    £25.00

    16/05/2005

    507

    £2.79

    Paid referral fee

    £25.00

    17/05/2005

    506

    £2.78

    Paid referral fee

    £25.00

    25/05/2005

    498

    £2.74

    Paid referral fee

    £25.00

    19/12/2005

    290

    £1.60

    Paid referral fee

    £25.00

    04/01/2006

    274

    £1.51

    £735.00

    £181.49

    £916.49

  3. :eek: We have recieved a letter from our local court today for a 'General Form of Judgement or order' it also states 'It is ordered that the claimant has not established the legal basis of his claim and must therefore do so by filing further and better particulars of the claim by 4pm 27th November'

     

    WHAT THE HELL DO I DO NOW? HAVE I DONE SOMETHING WRONG IN FILLING THE FORMS OUT?

     

    I NEED YOUR HELP!!!:eek:

  4. Hey all, Have received Barclays defence, and its quite long one – is that normal?1. The particulars of claim are summary and do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course. It is averred that the Claimant has failed to identify and state any cause of action against the Defendant o establish any legal liability for the sum claimed.2. Notwithstanding the Claimant’s failure to correctly identify and particularise an account held with the Defendant. It is admitted that he Claimant has an account number ******** sort code ******. However, to the extent it is alleged that the unpaid fees for returned cheques, ‘paid referral fees’ or any such fees, the Defendant puts the Claimant to strict proof of each charge and the date thereof.3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions(which are summarised);a) The Defendants tight to charge a ‘paid referral fee’ where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25)b) The Defendant’s right to charge the administrative fee id any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30.c) The Defendants entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.4. The Defendants’ standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowing (including where the Claimant exceeds his authorised overdraft limit.)5. If and to the extent it is the Claimants case that the failure to make necessary breach of the terms applying to the account and that contratuctual entitlement to the debit charges from the Claimants account constitutes a liquidated damage clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of his account and were consideration for the obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.6. Accordingly it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the fact set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitations to, paragraph 1(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts_ Terms Act 1977 (or any other provision) or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision)7. Therefore, it is denied that the charges were unlawfully debited from the account.8. If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back into credit and/or to bring the account back within the authorised overdraft limit.9. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.10. The defendant denies that it is liable to the Claimant for the sums claimed and interested as pleased by the Claimant or at all.11. In the alternative, and without prejudice to paragraph 7 above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimants breach of contract in that the Defendant is unable to rely on its express entitlement to enforce the charges set out at paragraphs 3 to 5 and 7 above, it will seek to recover to the necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant. What do I do now????

     

    What do i send to barclays, the court etc?

     

    Also have the allocation questionnaire to fill in, do I have to pay any additional costs as one of the question is ‘Have you attached the fee for filing this allocation questionnaire?’ In the notes it states that ‘If you do not pay this fee it might lead to your claim being struck out.

     

    HELP PLEASE?

  5. Hey there!!

    I have been taking the wonderful advice from this website and have finally decided to act on my partners unfair bank charges, sent the preliminary letter to barclays and got 'Sorry you're not happy, here's £285 of the £735 your claiming to bugger off' so we said 'thank you for the £285, we'll take that for now, but will pursue for the rest, ad if you dont give it 2us, we'll get the interst aswell totla £900!!' sent that letter yesterday, so just waiting 14 days to enter it in to court, then fingers crossed!!

     

    (Of course, i didnt actually word the letters like that!!)

     

    If all goes well with this then we will start with my OH's credit cards - o what fun!!! Ill keep all posted - and thank you all for your help so far!!

  6. Hey all,

     

    Started to try to claim my partners unfair bank charges back and have recieved the bog standard 'we'll give got 40% to shut up as 'goodwill' letter' so im going to reply with the LBA BUT im unsure what figure in need the put in the below paragraph:

     

    'I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

    I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]'

     

    We are claiming £735 and have been offered £285 if that helps???

    Any help is greatly appreciated!!!!

  7. With any beauty therapy treatment (hairdressing included) they normally as you a long ream of question, are you diabetic, are you allergic to anything etc etc? If she did not have afull consultation before hand then i think you're well in your right to take it further, they haven't fulfilled a VERY importand part of the job!!!

  8. With concert tickets that can arrive anything up to 7 days before the event, so it not unusual to waitin along time before they arrive. It was paid on my partners bank account card but barclys claim that the legal protection does not cover him for this (even though his does pay for the additions)

  9. Basically it was concert tickets, brought through paypal on ebay, we brought them last August for a gig in december, found out in October that we werent getting the tickets, contacted Paypal, as the transaction was over 90 days they weren't interested, same as ebay. Have spoken to other people and he gave a story that his suppliers let him down, police were involved via another buyer, and they were happy that his story matched what he has told us,so we were happy to give hime time get the money back for us, but havent heard anything from him in ages, he did reply to emails, but doesnt anymore, we paid £200 for these tickets and just feel that he's had his opportunity to sort it out and keep us informed but he hasnt, so we wanna take it further - any advice?????

  10. Dunno if ive posted this in the correct place, but im currently looking to take someone to SCC for an iem i brought on ebay, however, is there a time limit that you have from the moment you found out about problem to registering the case in small claims court? Any advice would be greatly appreciated.

  11. Im going to sound really stupid here but wat is 'Vexatious Litigants Register'

     

    Thank you all for your fantastic advice so far, we are currently compiling a letter to send back to him high lighting our points and have also spoke to the person who had done any repairs on the car when my partner owned it and he is also writing a letter/report of his opionion of the car. Ill keep you all posted!!

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