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    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
    • Lawrence Stroll, executive chairman of Aston Martin, told the BBC he wants to build a firm with a "luxury profile". View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Just seen on the BBC site that OFT have won the case against the banks! It says more soon!

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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Which DOES not mean that the charges are unfair, though. It "just" means that the UTCCR do apply to the banks, which is a long way to say that the judge has found the charges are unfair.... BUT it's a GREAT start. :-D

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The UK's biggest banks have lost a test case about overdraft charges.

A judge has decided that the Office of Fair Trading (OFT) can apply consumer contract regulations to decide if bank overdraft charges are fair or not.

Since the beginning of 2006 hundreds of thousands of bank customers have tried to reclaim their charges on the grounds that they were too high and unfair.

But more hearings are expected which may delay the cases of claimants, who should not expect an automatic pay-out. Mr Justice Andrew Smith said: "This does not necessarily mean they [the charges] are unfair."

 

From the BBC

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Good on all of you for not giving up. :D

 

Alright we may find things change for bank accounts now, as they the banks keep trying to alarm us to this , but at least we have the option of choice and after all the banks need us too. Cheeeer

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Yes, but a start IS a start!

 

As long as it really does benefit the consumer and not just make the banks charge more with other services - like a reciept slip from the cash machine or something.

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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A step closer to it becoming common knowledge that the parasitic element of the collections and purchase sector are sitting on an enormous pile of worthless unenforceable accounts.............I hope.:)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Banking never has been free unless you have a very large bank balance. As long as the interest rate remains below the true level of inflation on a credit balance then your banking never has been 'free'. It's all part of the trick.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I shall await the BBC lunchtime news, which will doubtless feature that dour old trout the British Bankers' Association trot out to spin their side of the story, which will of course be the scaremongering drivel Dannyboy refers to above.

 

I pay for my account (with an NI bank), and do not miss 'free' banking in the least.

 

Incidentally, the BBA, which is, according to its website, "the voice of the banking industry for all banks who operate within the uk" appears to have a sore throat or something, because it doesn't mention the case at all under its 'latest news' banner. Funny old thing...

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From the Times

 

If the OFT decides to cap fees at a much lower rate, it could open the floodgates for hundreds of thousands more applications for fee refunds.

Doug Taylor, personal finance campaigns manager at Which?, said: "The banks should do the right thing now: concede defeat, agree with the OFT what constitutes a fair unauthorised overdraft fee and refund their customers as soon as possible.

“The FSA must now drop its waiver* so that the thousands of cases pending in the county courts and Financial Ombudsman Service can be processed. Every second that this issue remains unresolved is costing consumers up to £111 in overdraft charges.

 

I agree with this guy :D

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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