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Almo23

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  1. Almo23

    AQ & dates

    Thanks lateralus, I faxed them one after I started proceedings, but not since. I'll fax one tomorrow morning and then ring in the afternoon! Would love an offer before AQ - I'm not at all worried anymore that it will actually get to a hearing (got over that newbie fear after tackling Nationwide), I'm just fed up of waiting! lol. I'll keep pestering them by phone, fill in my AQ but not submit it until I have to
  2. Almo23

    AQ & dates

    Hi all, Just thinking about filling in my AQ against HSBC, has to be in by 10 March. When I first looked at it I was struck by one thing - it asks for unavailable dates. I have a four week course coming up (end of April) and I'm emigrating at the end of June!! Can I put this all down without looking like I'm taking the p!!!? Just a bit worried. Thanks in advance
  3. I have started another thread on what is broadly the same subject, but am keeping a keen eye on this one as I really want to help a friend reclaim a parking charge, from parking in a private car park. From my tiny knowledge store, isn't the imposition of a clamping fee/parking fine/etc a penalty for breaching a contract, in the same way an unauthorised overdraft charge is a penalty for breaching a contract? And if so, could you not challenge the costs of breaching the contract in the same way as you do with a bank? Eg demand a breakdown showing that it cost them £x for you parking in an unauthorised place/way, and if their charges are not a genuine pre-estimate of loss, reclaim them through MCOL? I should add I realise the above does not apply with councils etc, only on private land.
  4. Thanks for the response demon. What if the issue you have is one that they have fined you for, but was not mentioned in the contract? What I mean is, they have penalised you for doing something that was not forbidden under the contract (or not posted on the signs, which I assume is the same)? I am reasonably new to this, so just getting my head round it, but when parking in a car park, I don't sign anything, although I do understand that I am deemed to have accepted the terms of the contract when I choose to park there. However, when I opened my bank account, I signed to say I understood the terms of that contract, yet still the charges were unlawful and that money was reclaimable. I've seen written here somewhere that t's & c's do not supercede British law, so if they have penalised me for breach of contract, does it still make a difference that I voluntarily entered into the contract? Please understand I'm not refuting your advice (typing things can make them sound so aggressive when they are totally not meant to come across like that!) but just trying to get a clear picture of what I might potentially be taking on. I ask on behalf of a friend who has already paid the ticket.
  5. Has anyone successfully done this with private companies - in the same way that bank charges are being reclaimed? I am contemplating doing do but a bit scared and just wanted to know if it had been done before. From what my turkey addled mind understands, it is exactly the same premise as with bank charges and the route should be exactly the same to claim them back - they charged me a penalty, i now know this to be unlawful, can i have my money back, issue mcol. Is this right?
  6. I am far from an expert, but from what I can gather from other threads the onus is on them to prove you were driving when the ticket was issued (presumably via photographic evidence... not sure on that). Therefore, if you just deny that you were driving they are helpless. As you weren't driving, even photographic evidence is of no use to them. You are under no obligation to reveal who was driving, even if you did know! I think you just give them the run around until they give up!
  7. Its the pub car park of a wetherspoons pub, but yes, just out of town. They have no free cash points inside the pub (understandably) and I didn't want to pay £1.50 to withdraw a tenner. I have spoken to the pub, they say we should have gone in and told them we were popping into town - but the point still stands that nowhere does it say that we can't park there and leave - it just says customer car park.
  8. Hi all... after some advice please. Parked today, at a local pub. The car park is operated by Euro Car Parks and has warning signs up saying parking limited to 3 hours. We duly parked, walked to town (10 min walk) to get some cash out, came back to find the car had been ticketed literally as we left the car park. The reason given was because we left the car park - but no where does it say on the warning signs that you cannot leave the car park. I should maybe add in that the car park is free, not sure if that makes a difference. Any help? Or better still anyone experienced the same and been let off?
  9. Hi there, I have semi successfully (waiting for court costs and interest) claimed against nationwide for two accounts and have told a friend I will help her to claim her charges from Barclays back. She can't get on the net very readily, so I will be doing all her letters etc for her. She is slightly concerned however, about whether Barclays will close her account, ask for her loan back or something. I said I would look into this, nationwide are being very vindictive and closing all accounts, and as she has an overdraft, a barclay card and a graduate loan, she isn't keen on this happening to her with Barclays. Any comments? Whilst I know the money is hers, she should claim it back etc, its not up to me and I suspect that if Barclays are likely to ask her to repay her overdraft, she won't go ahead with the claim.
  10. I have sent a letter enclosing the ARLA guidelines, two quotes for mattress cleaning (both of which are less than the example quoted in the ARLA guidelines) and agreeing to pay £35 - the top end of the ARLA example. I have had no reply. I am happy to send an LBA, but concerned about the prospect of going to court - would I actually win a case like this? I am fine with paying the cost of cleaning the mattress, but as I understand it the landlord cannot charge me for the full cost of a new mattress, and at any rate must undertake the most reasonable course of action, which would be cleaning rather than replacement. Any advice?
  11. Can anyone help with the spreadsheet? As I said I can't use Vampiress' and time is ticking, I want to send my LBA on Thurs. Any help/advice v gratefully received!
  12. I also have two flexaccounts and a savings account (mine is e-savings though). If you are making no claims on one flexaccount and the savings account you may be ok, although I'm sure I recall reading somewhere that most people have had all accounts closed, even those they are not claiming for. But don't quote me! I don't know at all whether this works, but if they do try and close all your accounts you can't lose anything by simply politely asking that they don't! Has to be worth a shot.
  13. Time to start my own thread I think! Prelim sent and received usual s0d off letter back. My LBA will go out next thursday. I am claiming a tiny amount in comparison to some of the claims on this site, only £382, but it's a lot of money to me. I have been reading up for some months now and need to decide, before sending my LBA, whether to try for compound contractual interest, and if so at the authorised or unauthorised rate. As far as I can see, I have the following options: 8% simple (once in Court only) 24.9% simple (ditto) - have seen that this has been successfully claimed 7.75% compound 24.9% compound I have tried using Vampiress' spreadsheet but it didn't save properly to my computer, so I need to find another way to calculate that. I know a few people have successfully claimed 7.75%, it does make me slightly nervous, and perhaps I'm being paranoid, that this is the authorised rate. Would I not effectively be admitting that the charges were authorised if I claim at the authorised rate? It is only now I am in the first steps of my own claim that I realise how scary the prospect of being the one they take to court (even though I know this is completely unlikely) is!
  14. Bit late in my response... but better late than never! I, too, want to keep my accounts with Nationwide. I fully understand the argument that I should not want to stay with a bank charging me ridiculous costs etc for returned DDs and unatuh overdraft fees BUT a quick scroll down the main page of the forum shows that almost all the banks are doing it. So why not stay with one I like, and importantly for me, one that doesn't charge me to take out my money abroad. If you search for the thread about account closures, someone has worked into their particulars of claim that they do not want their account with Nationwide closed and this formed part of the Court Order. Worth a look, i'm afraid I'm not sufficiently technically proficient on a Friday to do a link, but it was replied to only a few days ago so shouldn't be too far down the list. Incidentally, I think you can probably just apply for an account a couple of days after the close yours. I suspect though that you may have to leave a couple of days after they close the one in question before applying.
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