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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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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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HarryT & Clydesdale ***WON***


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Hello. This is my first post. I seem to be in a similar position to Paul Ingram, except I had all my statements for the last six years, so didn't need to ask Clydesdale Bank for them. I sent the first letters to the Clydesdale, one for a personal account & one for a business account, on 19th & 20th June, so the fourteen days are now up and I am preparing to go to the next stage, though I have had nothing back from CB (Is that usual?). Both claims are for more than £1500 so it seems I will need to do a writ.

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Their practice of ignoring your letters is far from unusual! - They acknowledged my Prelim letter, but have totally ignored my Letter Before Action.

 

As far as the use of a writ is concerned, I'm not 100% certain of how this works.

 

However, going from my own experience, there's nothing to stop you breaking down your charges total into smaller chunks of less than the £750 limit required to process the claim through the Small Claims route.

 

I've done this agains the Bank of Scotland & I'm half way there towards re-claiming all of my charges with them.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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14 days has just expired for my Credit Card account, I'm more than prepared to take them to Court for the full amount + interest now.

 

The Small Claims track is what I've used so far, and it's working - so to coin the old phrase "if it's not broke...."

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 5 months later...

I went to court this morning in Edinburgh. The lawyer for Clydesdale asked for 14 days to prepare a supplementary defence. Foolishly, I didn't object, as I now realise I should have, since they have already had months to prepare. So it was granted. They have to send me details of the defence, and we are back in court 16 January. The lawyer asked for a "proof to be assigned" (Does anyone know what this is?), but Sheriff said he wanted to see the further defence before he would allow that because it would be the first time this had happened. As I was about to leave the court, the Sheriff told me there was a programme on Radio 4 tonight Which I might find of interest. This is the link to the BBC website which tells you about 'The Money Programme - Bank Robbery?' BBC NEWS | Business | Are penalty charges bank robbery?

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Harry,

 

read my post in Analese's thread about not getting anything today. Your Sheriff was trying to give you a leg up telling you about the Radio 4 programe, he's obviously sympathetic so talk to him, don't be left in the dark with some obtuse phrases CB's lawyers fire at you. Don't be a victim, do some research, speak to the court and ask what 'proof being assigned' means and start from there.

Been screwed by banks all my life, it's payback time!!!!

 

OK as I seem to be handing out advice here I guess I had better add a disclaimer to my signature, Caro, hope you don't mind but I nicked yours.

 

Advice & opinions given by Dread are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hello

 

not sure where to post this - but does anyone have an e mail address for anyone dealing with the claims at the Vincents place office in Glasgow need to find out what's happening with claim and only get voice mails when I ring

 

many thanks and the very best of luck to everyone

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  • 1 month later...

I was back in court on Tuesday for my second preliminary hearing. The Sheriff could not relate the items in their defence to the paragraphs of my claim and gave them a week to number the paragraphs in the claim to accord with the paragraphs in the defence. A third hearing was set for 30th January. Yesterday, I received a letter from Clydesdale saying "Prescription in Scotland is five years, and you are therefore only entitled to raise an action seeking 5 years bank charges". I am seeking 6 years charges, which I still believe is correct. The letter then went on to offer "in an attempt to resolve this matter" and "in full and final settlement", of about a third of what i'm claiming. So, I won't be accepting this offer. I will tell them I still expect the full amount.

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  • 2 weeks later...

Back in court this morning. Told the Sheriff CB had made an offer and I had declined it.

 

Solicitor had been instructed to ask that proof should not be assigned for February or March, but didn't know why. I said March would suit me better, so Sheriff said, since no reason was given by CB, it would be set for 7th March.

 

Sheriff asked solicitor if evidence would be put forward by CB and she said she thought they would probably try to prove that the charges are liquidated damages and not penalties.

 

The Sheriff then wondered if the court would be big enough to accommodate all the people who would want to hear such evidence!

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  • 3 weeks later...

I have today received a cheque from Clydesdale "in full and final settlement of your claim", because, they say, "it is simply uneconomical for the bank to proceed to a hearing". They are not asking me to sign anything.

 

However, they say that the sum is made up of the charges "that are not time barred". My claim was from 04/02/2001 till 05/12/2002 and the cheque covers everything claimed, including expenses, but only from 04/02/2002.

 

This is about the five year limit in Scotland, as opposed to six in England. Are they right about this? Has anyone else had this from CB?

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  • 2 weeks later...

I returned the cheque from CB and it is now 10.30am on Tuesday 6th March. The post has just been delivered with nothing more from CB, so it looks like I will be in court tomorrow (9.45am) for the first ever proof hearing to be contested by the bank. Re my post of 30th January, this will be the one where the Sheriff wondered if the court would be big enough to accommodate all the people who would want to hear the bank's evidence.

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  • 1 month later...

Back to court yesterday, and agreed to go forward to Diet of Debate, but I wanted to know the terms of the debate (so did the Sheriff). Lawyer for CB said it was to be about the Limitation Act, restricting claims to five years instead of six.

 

I said I wanted to talk about other things as well, such as the actual charges, because I now had evidence (the Whistleblower stuff) which would show the bank has been deceiving me, and others, about the charges, and would mean the bank would lose the protection of the Limitation Act.

 

The Sheriff, who appeared to be not particularly sympathetic to my case, did however suggest that I should revise the wording of my claim to include this new evidence, and we should all come back for the Diet of Debate on 20th June.

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I know you've got some excellent support Harry and just want to say well done for yesterday. I really hope that your case will enable the CYNthesys issue to be properly demonstrated and discussed in court and the judge will see what we all see here.

 

Well done.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Great mention for CAG in the Evening News on this today (can't find a link though).

 

The Clydesdale seem keen to drag this one out, yet other settle very quickly :confused: Each to their own I suppose, but on a point of principle, I'll not go to them for my new account for this, Harry!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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did you see that at the bottom of that link sajabu2003 gave some cheeky company has advertised that they will claim for you in Wales giving the 6 year limit and £5000 limit.

 

I looked at the website they quoted and they say "You get all the charges..We'll negotiate the interest with your bank, and take that as our fee."

 

yeh, right where do I sign up.......

If I have helped click my scales....

 

Find my threads by clicking here

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  • 2 months later...

Just got back from holiday to find a letter from CB enclosing a cheque for the full amount claimed "in full and final settlement" (Almost £1900 including interest and costs, pursued under Summary Cause, which has a maximum of £1500, not including interest etc.).

 

The Diet of Proof had been set for 5th September, although the writer of the letter, 'solicitor - dispute resolution', seemed to think that proof had been assigned for 22nd August.

 

It has taken one year and three weeks, but finally we got there.

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Congratulations Harry. I'm delighted for you. Don't forget to complete the survey.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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