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    • Firstly please would you space and punctuate your posts in a way that makes it easier for people to read. When you post a solid block of text it discourages people. You can see that I have rearrange your post above and you can compare it with what I have copied from your original. T came at have a responsibility to ensure that anything you order is delivered to you. I think you are entitled to some evidence that it was left down the side passage. Who's the courier? You tell us that the courier has indicated that you have previously agreed to items being left in the side passage. Is this correct? Have you given them blanket approval or have you indicated an approval for particular items? Would it not be normal for items of this value to be signed for? In addition to addressing the questions I have put you above, please will you read our customer services guide and implement the advice there for any future phone calls you have with this company. I'm especially interested to know whether they would normally ask for a signature when parcels are delivered. I'm not sure that the fact that the delivery occurred more quickly than you expected is especially relevant.   How did you pay for it by the way?
    • Ok. should I drop the whole penalty thing in defence and just rely on not getting the notice to keeper - I am 70% sure they didn't issue it as I was back at the previous address but they can lie they did / show a document I never got and then it will take longer with the hearing....   well then will have to rely on abuse of process and signage. I wasn't going to submit the image of the sign "conveying the contract" as it clearly wasn't visible from driver's position.
    • The learning continues (well I think I'm learning!)...   I hadn't noticed that you can view your PCN on NPS' website. Strangely, the one for my other half seems quite different to how I remember it but I'm unreliable!   What I DO find interesting is that they're trying to do her for returning within the prohibited period - not overstaying! Apparently she clocked in first at 11:06, out at 11:45 then in again at 12:37 (a whole 8 minutes too early!) and out again at 12:53 - a total of only 55 minutes parking - and clearly nowhere near the allowed 90 minutes.   Once again, I'm not sure what - if any - bearing this has on things other than seeming now spectacularly petty and even opportunist!   Comments anyone? PCN J.pdf
    • what im trying to point out is that by using those two words fine and penalty after all your research your mindset is still not quite in the right box..   it cant be either, it was a speculative invoice issued by a private company for breaking some kind of imaginary contract you signed upto by entering a privately owned area .        
    • I placed an order with TK Maxx on 7/11/19 to the value of £170.   I went away for the weekend the following day to look after my grandchildren. When I returned home on 11/11/19 I found a card through my door from dpd saying “in side passage”. I checked but nothing was there.   The following day I emailed and phoned TK Maxx and explained what had happened. I mentioned that I was very surprised that an order that I had placed on the Thursday had been delivered the following day given their website says ‘up to 5 working days’.   The member of staff promised to contact the courier company and get back to me. Nothing happened-   I sent three chasing up emails and this morning spoke to someone on the phone. Basically she said there was nothing she could do about it.   The courier company had said they had left parcels there before and I had indicated that they could do so.   I asked to speak to someone else about this as I was obviously very unhappy to lose £170 and very dissatisfied with their response. The woman said there was no one else I could speak to and they would tell me what she had. I am so upset about this - and her attitude - the grudging admittance that someone should have been back in touch with me.   Quite clearly couldn’t care at all. Is there anything   I can do? Any advice gratefully received!
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Hello everyone,

I am going to claiming back charges from Barclays business account closed in 2005, please let me know if i can claim for any of them below thanks :confused:

 

Overdraft interest

Including Fee

Total Commission

Renewal Fee

Account fee

Unpaid cheq

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Hello everyone,

I am going to claiming back charges from Barclays business account closed in 2005, please let me know if i can claim for any of them below thanks :confused:

 

Overdraft interest

Including Fee

Total Commission

Renewal Fee

Account fee

Unpaid cheq

 

 

 

Until recently, our contention regards business account charges was as such:

 

Overdraft interest - Yes, but only that portion of interest incurred as a result of reclaimable charges. There are spreadsheets available to help calculate this.

Including fee - Possibly ? If the fee was charged due to extending or exceeding your limit due to some item then we argued a certain yes. Otherwise, if your talking about a fee to negotiate or increase an overdraft, the need for which had been brought about over time due to an accumulation of reclaimable charges, then possibly.*

Total Commission - What kind? If for currency conversions, then no. If commission for arranging a loan necessitated by past charges, then possibly*

Account Fee - If it relates to a charge for a returned item, or an overdraft excess charge (either due to an item taking it there, or some charge for returning an item), then yes.

The names and terms used may differ from bank to bank, account to account, and even time to time, but if the effect is the same ie: a charge for exceeding a limit or retuning an item, then this was argued as being an unlawful penalty.

Unpaid cheq - As account fee.

 

* Regards these items, then possibly... although this makes it a more difficult claim and relies upon claiming for consequential losses.

 

 

However.

The current OFT case against the major banks regards personal account charges has currently caused some confusion regards Business account charges claims.

This is because Business accounts do not come under the scope of the UTCCR99 regulations (which is the main battle point and cause for claim in the OFT case for personal current account charges), and so instead had to rely upon common law principles to fight their lawfulness. (ie: by comparing them to precedents set by past similar court cases, then such charges should also be considered as penalties).

However, with what has happened with the OFT case to date, the judge has very strangely so far decided that such charges do not constitute penalties under common law.

This currently leaves business claimants in limbo a bit.

It is not yet sure whether or not this point will be contested or expanded upon, so at present it leaves business claimants at the moment possibly without a cause of action.

Until this is cleared up, or other angles of approach or arguments are devised, then my current advice would be to wait before claiming or submitting anything, and keep an eye on the current case.

In the meantime, use your time to read up on the principles and law, total up your charges and be ready to pounce.


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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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what if you have a business claim on hold but are going through extreme financial difficulty?? can anything be done?

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The Oft waiver agreed between the banks relates to current accounts.

However you may know that the banks have been quick to tell us that some of the decisions made in the test case affect business claims-in particular the common law element of historical charges.

If therefore they are citing this and the banks solicitors are defending stays on the provisio that the test case will hae effects on the outcome of claims including business-then its reasonable to assume that they should apply the same sympathetic approach to all hardship claims.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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