Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • 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
      • 160 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

unplanned overdraft fee LLoyds TSB


Guest Alison82
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3054 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

Guest Alison82

Hi

 

I have just notice that I have been charged an "unplanned overdraft fee" from Lloyds TBS, this is there new charging system.

 

Can these be claimed back the same way?

Link to post
Share on other sites

Hi Alison,

yes there is a new charges regime, i think they brought it in in decemeber, and its even more punitive than before..

they now call it an unplanned overdraft charges, and they will charge you on a sliding scale depending on the size of your unplanned o/d...anything from £5 per day to £25 per day for up to ten days in any month...so potentially they could charge £250 per month...

 

 

and yes.claim back as previosuly

Link to post
Share on other sites

They've just done that to me. I had an overdraft with them and they have reduced it to a couple of hundred pounds without informing me by letter. They say one was sent but I did not receive it. Resulting in me being charged £250 + interest this month. They have put my overdraft back to the agreed figure but refuse to remove the charges.:mad:

Link to post
Share on other sites

they did it to me too... started with £392 overdrawn .. all charges.... set up an arrangement ..made payments as agreed then they started to reduce the overdraft limit below my balance each time i paid!!! hence a further £400 plus in charges over the last few months.. i have been paying £120 per month since august without fail and i'm still £396 overdrawn, with no other actvity on the account!!!:mad:

Link to post
Share on other sites

  • 1 year later...

I predict that this is going to be a big issue in the future. It appears that other banks including RBS group have also adopted this policy as well.

 

The way that it seems to work is that if you go overdrawn it is classed as a request for an overdraft and an appropriate fee is charged, which you will have been notified of in advance. They obviously believe (probably with councils opinion) that £30 is a fair fee to charge to arrange an overdraft.

 

In fact, it's not as if for instance, you went overdrawn by £100, you were charged £30 and then you had a £100 overdraft facility for say 1 year. The problem is that you only have the facility for a day.

 

Lets look at a biased example:

 

You are down on your luck and have a modest income of £300 a month. You go overdrawn by £29 and you think, never mind my wages will go in in 10 days time and it will be back in credit. You then stay overdrawn for 10 days and you will be charged £300. Your wages go in and are swallowed up by the charges, your direct debits bounce and you are still £29 overdrawn and it starts to get worse.

 

The banks appear to be expecting to lose the bank charges case full stop and this is the next way to get them back. They must have some real legal arguments to defend this system and I think everyone with an interest in the subject on CAG needs to start discussing it now.

 

Hopefully, someone on here with legal knowledge is already up to date on this and will shoot me down in flames.

 

 

*not intended as a pun but we might all end up selling it if the banks have their way.

Edited by pedross
Link to post
Share on other sites

  • 2 weeks later...

Balls, I just noticed I went £0.74 overdrawn with my lloyds current account, does this mean that I'm going to have to pay the £5 a day as it has been 4 days already and charging £20 for a miss calculation on my behalf is a little steep. Also if they do am I likely to have any leway in getting it back?

Link to post
Share on other sites

It is difficult to know with it being just .74p but possibly.

 

I would go into the bank straight away and pay some money in to bring you back into credit. At the same time talk to a customer service adviser and point out that you went slightly over and make sure that you will not be charged. Make sure you ask for their name.

 

You really need to pay additional money in to cover say £25 - £30 worth of charges just in case.

 

Make sure you deal with it immediately because it will not go away on its own. Hopefully you will not be charged but it's not worth taking the chance.

 

It would be useful if you provide feedback because if I am right this is the next challenge for caggers.

 

Good Luck.

Edited by pedross
Link to post
Share on other sites

So far they have charged me £33 something which has worked out at £8-£9 a day. The chap on the phone said that until I have the money in again he can't do an awful lot but as I've never had any problems before it should be able to get wavered. They made no attempts to contact me about it despite all the other stuff then send me which is partly why it was missed for a few days and has made me a little annoyed. I'll keep in touch though as I'm sure you will be interested

Link to post
Share on other sites

Turned out it was £32 so £8 a day, They were all very nice and I had it wavered without even having to get a little mad! If I do it again then I'll be in trouble. So moral of the story is be good and don't do it again but £8 is a lot to charge when you have gone over by just a few pence.

Link to post
Share on other sites

I predict that this is going to be a big issue* in the future. It appears that other banks including RBS group have also adopted this policy as well.quote]

 

RBS are charging me a 'management fee' on my overdraft, in addition to interest, etc. Could this be termed as a penalty fee?

Link to post
Share on other sites

These are two interesting points.

 

Fatbadger88 Has had a lucky escape, well done to you. I think you will find that after the account reaches the next overdrawn band, say £100, which would have been about 14 days charges then the £8 goes up to about £15. All for .74p so as you mention you need to be careful in future.

 

underdog13 With regards to the point you make about the management charge, I expect they sent you a change of terms & conditions to include the management charge in future.

 

I would not expect either of the above to be be classed as penalty charges because you now have the option to apply or use an overdraft or not. If you choose to do so then they have already quoted you the price for the service you are requesting.

 

I believe that they have actually thought this through this time. If only they were fair and ethical we could leave them alone.

Edited by pedross
Link to post
Share on other sites

It depends who you cancelled the direct debit with. If it was your bank and they agree that it is their fault they may remove the charge, it depends on the circumstances.

 

If you cancelled with the lender then it would not be the banks fault so it's doubtful that you will get much joy.

 

All you can do is ask.

Link to post
Share on other sites

In which case they did not follow your instructions which forced you into overdraft. If they accept that you cancelled it then, in my opinion, you should not have been charged.

 

The problem is that they appear to want to make the payments for DD's for their own loans regardless of limits.

 

I would speak to them and explain. It's worth a try.

Link to post
Share on other sites

At the risk of echoing what's already been said, Lloyds tend to have a varying scale depending on how vindinctive they're feeling...

 

I predict that this is going to be a big issue* in the future. It appears that other banks including RBS group have also adopted this policy as well.

 

Have to agree with pedross, it's another time bomb waiting to explode with no-one with the relevant muscle willing to do anything

Link to post
Share on other sites

re RBS management fees - they are standard across all personal accounts and any amount of excess will trigger the charge. They run from one "charging period" to the next and are fixed so no matter how much you go over your limit, or how many times this happens in the same charging period, there will only ever be one management fee and always at the same rate.

 

Cancelling Direct Debits are slightly more complicated due to the recently introduced "faster payments" system which everyone had been shouting out for but which means that the cancellation period moves further away from the actual payment date. In short, you now need to cancel several days before a payment falls due to ensure it doesn't get paid. If you did do this and they still paid it, you have a strong claim for a bank error with a full refund and possibly compensation

Link to post
Share on other sites

another thought has occurred to me. If the d/d was to repay the loan with the same bank there may be a "no cancellation" feature which is why they keep reinstating it.

 

If you look at it from their point of view they could hardly stand back and let you cancel the payments that you agreed to make when you took out the loan. Harsh though it sounds, they are probably correct when they do this unless you have arranged with the lender to repay the loan in another way.

Link to post
Share on other sites

  • 6 years later...
  • 1 month later...
Guest Alison82

Hi CAG

 

I was wondering if the following letter is still applicable for challenging charges today? I have been charged by Lloyd's only for a small amount however my account never should have been allowed to go overdrawn, this was for a classic account that is not my main account, I went overdrawn by £13 which I didnt even realize and now I have been charged £46 even though there was money in my other Lloyd's account that is linked. I haven't paid this yet but I wanted to know if there is an up to date letter to nip it in the bud. I have reclaimed many charges in the past however that was about 5-6 years ago.

 

Here is the letter I found, thanks

 

 

Dear Mr Brown,

 

CARD/ACCOUNT NUMBER: XXXXXXX

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXX

I enclose an amended schedule of the charges which I am claiming with this letter. You will note that I have withdrawn my claim for the £50 charged for the House Visit on 9th September 2005 as a goodwill gestureicon as you were able to provide me with a rough outline of costs in relation to this in your letter dated 17th October 2006.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

[name

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...