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    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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king vs First Direct


king123
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Hi all, My main thread is here.

 

I am claiming approximately £1300 in unauthorised overdraft fees from First Direct and asked that they fast track my claim due to financial hardship. I'm in a debt management plan with First Direct administered by Metropolitan Collection Services. The bank closed my accounts when it became apparent I was unable to meet my outgoings last year. To me this is sufficient evidence in and of itself. However, they responded that to be considered for financial hardship I need to fill out their questionnaire. I don't really want to do this as in actuality they'd probably decide I can now afford higher repayments. They've now written again to say I have 2 weeks to file my hardship claim or they will suspend my claim.

 

So, what do people think I should do? Should I write back and argue that being in a repayment plan is sufficient evidence of hardship? Or, if the OFT decision is imminent, should I just wait it out for developments?

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The second issue with First Direct is my credit card account. They carried on charging me interest after I was being assisted by the CAB, whereas my other creditors stopped. I politely asked for a refund of this approximately £270 in interest but they declined.

 

I also asked for a refund of 6x£12 late payment fees. They have responded with an offer of £36 "in full and final settlement of my complaint against first direct in relation to credit card default charges" to be credited to my Metropolitan Collection account. Given the small amount and that it's better than nothing I'm inclined to accept this. Just wondered what others thought.

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King-failing to fill in their own forms,is within itself not a valid reason for them to be suggesting they cant deal with your case.

However,in the absence of doing that you should still be providing something to support your case.

I would suggest filling out an I & E and sending this with a firm reminder of their responsibilities.

There is a copy of this in the CAG library.

As regards their 2 week deadline -I am not so sure where this comes from since they are expected to satisfy complaints or resolve matters like this within 8 weeks or else issue a final response in the meantime.

 

 

I suggest a letter worded something like this;

 

 

 

Dear.........

 

I am writing with regards to the above account,and also your recent communications to me of (state date) in relation to my application to be considered under hardship status.

I do not see any valid requirement,for me to fill out your questionaires and forms to enable you to properly assess my eligibility.

You are doubtlessly aware,that I am already engaged in a DMP plan with MCS,which is administered by First Direct.

 

Therefore,this within itself demonstrates,that my financial position is one that is clearly fitting hardship.

I realise however,that I should be seen to be supplying further evidence in support should this be required,and with this in mind I enclose a current Income and Expenditure sheet which I trust will suffice.

 

I remind you of your responsibilities under the British Banking Codes,in addition to guidance issued by the Office of fair trading in dealing with cases of financial hardship.

 

In contrast to your comments that you will give me 14 days to respond,I return the same to you,and expect full compliance with your responsibilities.

 

Should you further seek to hinder this application,I will be contacting the regulators to force compliance and report your breaches under codes of practice.If such action is needed,I will be making copies of this letter available,to demonstrate my attempts to resolve matters.

 

I look forward to your response as indicated by 14 days.

 

 

Yours Faithfully/Sincerely

 

 

 

Send recorded to the last contact and address that you have.Keep a copy.Keep all dealings by written comms.

If they do phone - tell them you have put your position in writing and will only discuss or communicate in this way.

 

 

Keep us posted on their response.

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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  • 9 months later...

Does the recent court victory for the banks mean its effectively game over or can I still play the "hardship" card somehow? Any advice would be appreciated.

 

BTW, I've just been looking through some copy statements that First Direct's DCA sent me, and I see that I have a great wedge of SOMEBODY ELSE'S STATEMENTS! Will post about this seperately.

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  • 5 months later...
  • 1 month later...
  • 9 months later...

First direct were not part of the test case.

Also credit card charges claims are very much still a goer.

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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Yes, I gave up on the charges claim. In the end I made a full and final settlement with them so am happy with the outcome.

 

It just grieves to think that FD still have my money plus, of course, the fact that the Ombudsman agreed that £105 plus £30 or so pounds was reasonable for stopping DDRs and bouncing cheques. They'd taken their money, left me with little so it happened the same the next month! Am thinking it would hasve to be the small claims court. Glad you got them to cough up - well done!

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What difference does it make, their not being part of the test case ?

 

Almost certainly,the terms and conditions that were presented in the test case,would have been considerably different.

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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Sorry to go on about this but would you know how different FD's Ts&Cs are in relation to the test case ones? I may be be clutching at straws here but as I say it still grieves me to think they're hanging on to my money - unfairly! They have been particularly horrible to me since Feb of this year and I was just wondering if this was as a result of my trying to claim them back last year. A lot of coercion (on their part) has gone and I am (somewhat) cheesed off with them.

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I think you would need to have a good understanding of the determinations Andrew Smith made and the points that were raised.I have copies of all the terms and conditions studied with transcripts of the case.

The Judge said more than once that he did not rule out that his findings would be set in stone for all bank accounts,but that they would need to be looked at individually.

So it would be a case of looking at the main arguments presented and looked at,and reconciling them with FD terms and conditions.

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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