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    • His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply?  the letter just says to take the court letter with him. 
    • Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! pcn front.pdf pcn back page.pdf
    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
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      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.

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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.
      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
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Elliot v lloyds - the "test case" settled in full by Lloyds


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Just spent 20 mins on the phone to an advisor at the OFT regarding how LTSB are making life ackward (wont go into personal details but SHAFTED springs to mind)

I am putting my case in writing to them

I also mentioned the time wasting and wasting courts time as experienced by many users and was told that if enough people write the matter will be acted on

 

Letters to:

Marjorie Wilson

Office of Fair Trading

2-6 Salisbury Way

London

EC4 8JX

 

 

 

They also said that the maximum fee of £12.00 is not set in stone it would have to go through the courts to become law

 

thanks to joncris for the idea, sounds good.

 

it seems to me while the postal address is a good thing for these people we all know, that dont have an internet connection or a computer and printer, scanner for that matter ( im trying to save for a cheap printer as mine broke last year) , does the OFT have, and take email and attachments as valid complains?.

 

it could be so much more effective if for instance every single person reading could just go to a special php page here, click a few boxes upload their scaned docs or even pick from other peoples uploaded standard documents that match thier hardcopy and have that collated and sent to the various email address of the each complaint, OFT,OB,MP,10d street etc ?.

 

 

jonCris

Of course it isn't, but what is set in stone is that the "charge" must reflect the true cost to the bank. This they are fighting tooth & nail to avoid disclosing because not only will it show they are ecting illegaly but also profiting from the misfortunes of others & it's worth noting that the CEO's of the banks & card companies very recently lied to Parliament when questioned by the Finance Commitee.

 

i tryed to find reference to that Finance Commitee but failed?, is it on Search: the word 'bank' (TheyWorkForYou.com) anywere?.

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Sort of 40 minutes ago :) Repeated tomorrow (Sunday) at 9.02pm. It's on 'listen again' as I write, about 5 minutes in. Just mp3'ing the relevent bit, PM me your email address if you want a copy.

 

BBC NEWS | Programmes | Moneybox

 

 

 

i went looking on the website for the old one but thier link was dead, however

theres another one yesturday, im listening now.

 

wow , i wonder how much the banks advocate is being payed for that crud....

 

"if i have to live off a £100 a month, then i will live off £100 a month"

ha, like he's ever needed to live off £100 a week, never mind £100 a month.

 

wow, they actually mentioned the low income people and benefits for once,

brushed aside as usual, but a start i guess,no mention of the banks closing the peoples accounts (especially the ones that then find it almost impossible to open another one for their needed DD's).

 

BBC Radio Player

 

BBC NEWS | Programmes | Inside Money | Beating the charges

 

 

"Beating the charges

 

o.gif_42011808_panel203.jpg

Phil Middleton, Joanna Elson, and Bob Egerton debate the issues

Saturday, 26 August, 1204 BST

On Radio 4 and online

 

A growing number of customers are taking their bank or building society to court to recover charges they say are unfair and illegal.

People who stray into an unauthorised overdraft or who cannot honour a direct debit payment are often charged around £30 by their bank.

And if they fail to get their account back in order, these charges can snowball.

The consumer action is being encouraged by numerous websites which publish detailed information on how to reclaim fees going back over the last six years.

They argue the charges do not reflect the true costs banks incur and punish customers.

The banks say their fees are reasonable and in-line with their costs, yet so far they have chosen to refund customers the money rather than defend themselves in court.

Free banking

Earlier this year, credit card companies were told to halve the default fees they impose on customers who miss monthly repayment dates following an investigation by the Office of Fair Trading.

o.gifHAVE YOUR SAY

Are the charges fair?

Should consumers pursue repayment of the charges?

 

inline_dashed_line.gif

 

Send us your comments

 

At that time, the OFT indicated that banks could face similar scrutiny.

So what is a fair amount for the banks to charge? And if they were forced to reduce their fees could this threaten the continuation of free banking for current account customers?

Presenter Lesley Curwen interviews BBC Radio 4 listeners Craig Walton and Nick Hawkes about their views and debates the issue with a panel of guests.

Lesley will be joined by: Joanna Elson, executive director, British Bankers' Association

Bob Egerton of the consumer website Bank Charges Hell

Phil Middleton, banking expert at Ernst and Young "

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  • 1 month later...

I just wonder why Lloyds are still playing silly buggars and the courts are still granting them stays ????

if you have a look at some of our threads in Lloyds right now, Lloyds are giving us the run around no end !!!!

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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  • 3 weeks later...

case 6Qz72088 v Lloyds tsb for £3000

 

Papers served on 17 Oct Solicitor Sechiari Clark and Mitchell on behalf of Lloyds intend to dispute all of claim. A case of wait and see now. Keep your fingers crossed for me please

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Hi all, just received the final sorry no payment will be made letter from Llyods/TSB letter (totally expected) It also said if you are still not happy you are welcome to complain to financial ombudsman service and this is their final response!. So I am just about to post court action threat letter straight back to them (which I already had prepared). Has anyone else had this response?

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Hi Julie

Yes all sounds like standard stuff, good luck with your Court claim. You should really start your own thread in the normal Lloyds forum, this one is for successful claims only, you'll be in here in a couple of months!!:)

barty :)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hya gang, sorry if you've already done it, but it's a good idea to start your own threads in the section for your bank, that way we can all follow your claims and support you if you need it !!

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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  • 3 weeks later...

An S A R- Subject Access Request- This request is made under the Data Protection Act which the Banks must comply with in a set time period.

 

I strongly suggest a thorough read of the F.A.Qs, everthing you need to know is there.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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