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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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Financial Ombudsman


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seems i've gone a totally different route to most? have i gone horribly wrong?

i contacted the Financial Ombudsman (totally unaware of the 'test case!!!) on the recommendation of StudioCards of all people after a call from their debt dept for £65 i owe them.

i explained i've been in and out of hospital and until a few weeks ago (surgury) was on class B painkillers and mostly 'away with the fairys' nice lady gave me the number

i called the Ombudsman who took all my details and has sent a letter to Nationwide because ALL the income into my account is benifits (income support, Carers, child benifit and my sons DLA), the Ombudsman STATED that Nationwide is NOT allowed to take means tested state benifits money to pay UNLAWFULL bank charges....

what chance do i have of getting my money back via the Ombudsman?

should i have asked the bank first? (knowing they'd stall) they have once refunded £120 of £300 but that was a year ago

has anyone else had experience of this?

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more update

went to the Benifits office today, seems even they are unclear as to what is and is not allowed

sadly the letter does NOT state that in righting but in the part filled form has writen 'financial hardship- breech of banking code- banks fail to assist or limit chasrges applied- customer has been on benifits as a carer for 15 years and is being hit by bounced DD's'

cover letter says

' i have written to Nationwide to let them know you have a complaint. Nationwide should now contact you for details of the complaint, if they do not already have them.if you do not hear from them within a few days after recieving this letter, you may wish to contact them mentioning we have already written to them. they should issue a final responce in writing within 8 weeks of the date they recieve the complaint'

ok...so i am confused yet again!!!

this implys its up to them to find out why i'm upset?

feeling defeated at the moment, Nationwide took another £120 in charges today so my account is again at minus £85

rather bizzarely (i think??) they removed 1 charge of £30 there and then!! but only after i stated my income support would be paid by giro not to them as of next tuesday till i can get another account and handed them a pile of letters of first right of appropriation to cover my sons disability payments and my child benifit(interview with Barclays on weds cos they are the ONLY bank seems to offer the tiny buffer i need on a basic account which is all anyone will give me)

so ALL of my £80 Carer will go to them monday cos i didnt get that first right of appropriation letter in on time.

am going to start the 'process' now

will apply for 6 years as 'data protection' will write direct to Nationwide claiming hardship, will remove ALL DDs and payments from the Nationwide account

so? i do all i can then wait? 8 weeks?

right now i just want to....SCREAM!!!!!

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in the FOS letter it implys its up to Nationwide to contact me? is this correct? or am i better off writing to them? i did try to talk to the staff at my local brance who as i said instantly took a £30 charge off (i thought this was well bizzare)

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The reason they knocked of 30 quid is because the give you ONE! 'Goodwill gesture' (yeah right!) per year. I would def write to the Nationwide explaining you have contacted the ombudsman and that it is benifits they are taking from your account. I believe the ombudsman require you to attempt to regain the money back yourself in the first instance before they will take your case on. Unfortunatley it is a slow process which will not help your immediate problem however i would contact your branch again and force your issues upon them in a polite manner. Sometimes you might find a manager on a good day!

Good luck and regards.

:)

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The reason they knocked of 30 quid is because the give you ONE! 'Goodwill gesture' (yeah right!) per year.

 

hi there and thankyou dingwalldemon

my confusion was that i was under the impression that Nationwide did NOT have the power at branch level to make refunds and certainly not so 'instantly' (i'll have to look up the relevant posts on that) and i've already had £120 of £300 returned earlier this year, omg i SO need a printer grrrr will be composing first letter to nationwide over the weekend, and another to others who have also charged anything from £10 to £30 'fee' grrrr initially they will be informed that i am behind with them because of Nationwide taking MY money and that they can chose to remove ALL 'fees' (incured by me not having ££ to pay them due to it being taken by NW) and allow me to continue to pay them what i actually owe them or they will be next grrrrrrrr

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ok further update (still talkin to myself?)

just recieved a letter from Nationwide acknowledging the FOS complaint letter, NW state their 8 weeks exspires 17 jan 08

in the mean time they ask that i fill in a ' income and expenditure form'

i'll assume this is standard? and i should fill it out? and enclose a covering letter stating my case?

should i still get SAR? see other thread, all i've done so far is call FOS

anything else?

p s to MOD's if i reposted this too many times, please delete those incorrectly placed

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Hi

 

i think you only need the SAR if you dont know the amount you are claiming . If you have the statements then you can use these.

 

Yes you will need to complete the income and expenditure form - but suggest you send a letter back stating clearly you want your case considered on a hardship basis .

 

If they do not think you are a hardship case then you want a reply in writing why they will not consider your claim on this basis and a full explanation of the criteria they have used.

 

Suggest you look at simons story in Abbey - and annoyed from caerphilly in A&L ( should be in successes)

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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