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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
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STEP Account Direct Debit charge


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Hi,

 

Direct debit came out on the 20th... wasn't paid till the 23rd (I got my dates mixed up) so Natwest have charged me £38.

 

Anything I can do???

Reclaim your charges back or add it to any existing one already in the system.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 1 month later...

Hi

This has just happened to me..3 phone calls to 'Natwest' call centres and no luck. Could you tell me how to claim this extortionate amount of £38 back? I do most of my banking on line,checking statements etc and I made the mistake of thinking I had the right amount in there to cover the DD payment. I know now that sometimes it doesn't show up the amount you have spent until a few days, sometimes weeks later. I am NEVER going to check online again. They do not want to budge and say 'well you never had the money in the bank so the charge is legal'..I call it stealing! I am a full-time student with three children and it really p@ssed me off to get this over the weekend. And to top it all off I tried to cancel another in haste (which) I have done ONLINE with no probs before. They say I cannot do it ...The way they try and rob you is criminal ....Luckily I was able to borrow some money to cover the period until I get my next payment. It seems they even tried to stop me try and cancel another DD so they could claim another lot. To claim these charges, do I have to write a letter to the head office or something?...Thankyou for your time and goodluck to everyone :)

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Hi

 

You've not done anything wrong in calling them 3 times but the people on the phone are just there to answer basic queries; one of the people I spoke to the other day didn't even know couldn't even tell me if a direct debit was covered under the direct debit guarantee - I told him the clue was in the wording ;-)

 

Anyway... what you need to do first is write to your "home branch" - i.e. the place where you sort code is held. They won't do anything as they toe the company line (that the charges are legal) but it's best to follow their complaint procedure to the letter. So write to them first with this:

 

 

Dear Sir or Madam,

 

Branch: ################ Account number: ########

I am writing to request that you repay the Unpaid Item Fee charge that has been applied to my account. I do not believe this charge reflects the true cost to Natwest of going into unauthorised overdraft.

 

The charges total £38 I believe I have been unlawfully deprived of the money and therefore ask that you repay me the full amount.

 

I request that you deal with my case now rather than once the test case has ended as I rely on means tested benefits for my income and this has been set by the government as the minimum amount of money someone needs to live on. I am also currently on Statutory Sick Pay from my employment having been signed off from work since January 2009. The money taken from my account was for the use of paying for household essentials like food and clothing, my sons being the priority.

 

The Financial Services Authority waiver, dated 27 July 2007, states:

 

“Consumers who are in very difficult financial circumstances - 'hardship cases'

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS

 

I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to the reasons outlined above and will struggle to support my family without the money that was earmarked for food shopping.

 

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

 

Again they will write back to you with something stating they believe the charges are fine. When they did that to me I sent this back:

 

Dear Sir/Madam

 

I received your reply this morning regarding my letter to your branch concerning the £38 unauthorised overdraft fee placed on my account.

 

For the avoidance of doubt, you have stated that:

 

“The bank considers its charges to be fair, reasonable and transparent... I believe the charges debited have been applied correctly and in accordance with our published tariff”

 

I believe that the charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation to you.

 

On that basis I require the amount to be refunded in full and as soon as possible, certainly within 14 days of this letter. I am prepared to commence a claim in the courts should it be necessary as I believe that it is a matter of principle. This action will inevitably involve you in paying additional costs i.e. solicitor’s fees. When we set up the STEP account it was on the understanding it would be managed that we could never go overdrawn on the account. You have claimed we have gone overdrawn, without authorisation, hence the £38 unauthorised overdraft fee. This seems contrary to the logic upon which I opened the account.

 

The only alternative, in my mind, is that if you refuse to offer a refund then it is fair you confirm the actual costs involved in Natwest’s interception of the account to which £38 has been deemed a necessary cost to compensate OR your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account, as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).

 

Finally, if you are going to say that there was no breach of contract and that these charges are for a service, then I will argue that you have attempted to restructure accounts in order to present events of default spuriously as additional services particularly as a STEP account, from the information I was given upon opening the account, cannot go overdrawn. I must remind you that the UTCCRs are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.

 

The FSA sent out a waiver (26/01/09) regarding the current test case action on personal account charges and I refer you to this portion of the waiver:

 

(19) from the date of this direction, the firm must ensure a fair, consistent and intelligent filtering of new complaints in order to identify relevant charges complaints from complainants who claim to be in financial difficulty and then assess whether that claim is justified. For the purposes of this direction, a complainant is considered to be in financial difficulty when his income is insufficient to cover reasonable living expenses and meet financial commitments as they become due;

 

I am currently signed off from work and in receipt of statutory sick pay which is £75.40 per week. We are in receipt of the full amounts awarded for Child Tax Credits too which means we are currently on the minimum state income levels. The money deducted from the account was set aside for the monthly food shopping bill and I have had to not pay a telephone and broadband subscription in order to make up the shortfall for groceries. Therefore I would like you to deal with this case as per the FSA waiver guidance.

 

I look forward to hearing from you.

 

 

Yours Faithfully

 

They then sent back another letter stating if I was not happy I should write to their customer complaints department... so I did... I enclosed the previous letters I had sent for ease of reference and wrote this letter direct to the Customer Complaints Team:

 

 

Dear Sir/Madam,

 

I am writing regarding a complaint I lodged with the ###### Natwest branch on 25/03/09 and 08/04/2009. I have enclosed both letters for your ease of reference.

 

I received a reply letter dated 16 April 2009 stating that “the charge has been applied correctly as there has been no bank error”. With all due respect my complaint was not whether there had been a bank error or not. My complaint was set out in plain English that the charge levied was contrary to the Unfair Terms in Consumer Contract Regulations 1999 upon the basis of which I was questioning the actual “fairness” of the charge levied and not the reasons for applying it.

 

Therefore I would like to escalate this complaint to your department to consider the letters I have sent. I would point out that the letter I sent dated 08/04/2009 made it clear I was referring to the FSA waiver which states:

 

(19) from the date of this direction, the firm must ensure a fair, consistent and intelligent filtering of new complaints in order to identify relevant charges complaints from complainants who claim to be in financial difficulty and then assess whether that claim is justified. For the purposes of this direction, a complainant is considered to be in financial difficulty when his income is insufficient to cover reasonable living expenses and meet financial commitments as they become due;

 

The responses I have received from the ####### branch have completely disregarded this waiver from the Financial Services Authority and will be the basis upon which I shall pursue my complaint with them should my issue not be resolved satisfactorily. I may also draw your attention to your own complaints procedure:

 

Immediately

 

Our aim is to resolve your complaint straightaway.

 

Two days

 

If we haven't resolved your complaint within one week, we'll write to you to;

 

1) Explain why we haven't managed to resolve your complaint;

2) tell you how long we expect to take to resolve it;

3) tell you who is dealing with your complaint.

 

Two weeks

In most cases, we'll resolve your complaint within two weeks.

If we haven't resolved it within two weeks, we'll contact you (normally by phone) to update you.

 

After two weeks

 

We'll keep you informed on a regular basis until your complaint has been resolved.

In exceptional circumstances, where your complaint is particularly complex, matters may take longer to resolve. If this is the case, your complaint may be passed to our Customer Relations Unit who will continue to try to resolve it.

 

Eight weeks

 

In the unlikely event we can't reach an agreement with you by the end of eight weeks, we'll send you a 'Final Response' letter, which will explain our final position, or, a letter giving reasons for the delay in resolving your complaint and an indication of when we expect to reach a conclusion.

Please note that your very own complaints procedure has not been carried out in this instance; I have not been kept updated, I have not been passed on to your department and I am facing the added inconvenience of waiting for a proper reply to the original complaint.

 

To satisfactorily answer my complaint I need the contents of my letter dated 08/04/2009 answered or remedied in a full and final settlement before the FSA can consider a complaint.

 

I look forward to hearing from you shortly.

Yours faithfully

 

What you need to do is amend the letters to suit your own personal circumstances but I didn't need to go into too much detail. Under the FSA waiver they must consider hardship cases and as you're a student with children this will come under that guidance.

 

Anything you need me to help with just let me know :-)

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I sent a letter to Natwest requesting they refund the £38 DD charge. I have recieved a letter back from them (I don't know if mine crossed with theirs in the post) But the letter just stated that every time I go into debt I would recieve a charge and they would write to me. I don't know if this is anything to do with my letter, or wether I still have to wait for their reply back concerning my letter. I am know very confused. Shall I wait the full 14 days time scale or not? I am fully aware the banks try to confuse you, so I need to be on the ball with this. Please advise. Thankyou.

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Hi

I have now recieved a reply from Natwest. They have sent me a 'Customer Financial Statement Form'.

It reads at the bottom of the letter-

 

Following reciept of a signed and completed form,we will review your overall financial position. If we determine that your case can be considered as financial hardship we will take it forward in line with our hardship policy. The aims to help you avoid further debt and assist you recover from your hardship. We will review your existing banking facilities which may involve:-

 

. Opening a new account or changing your account type with no lending

facilities attached.

. Cancellation of non-essential Direct Debits and Standing Orders on your

account-essential Direct Debits and Standing Orders can be reset up on

the new account if necessary.

. Return and cancellation of Cheque Guarantee cards/Maestro cards - a

cash card can be issued on the new account.

. Return and cancellation of cheque books.

. Income to be diverted to any new accounts opened.

. A mutually agreed monthly sum would be set up on a standing order from

the new account to any debt on the existing account.

 

 

Please note that recognition of financial hardship does not necessarily indicate that a refund of charges will be made. Our hardship policy aims to help our customer avoid further debt and to assist them in recovering from hardship.

 

The bank already knows I am in 'Financial Hardship' and that I am on full child tax credits and benefits as I am a student at college. So why the form? I guess its just standard procedure on their part,and another way of ducking out of their reluctance to refund.

What shall I do now? The form needs to be filled in as procedure,but it doesn't mean I will get a refund. I have already cancelled non-essential DDs and Standing orders. Would the bank deem 'house insurance' payments to be non-urgent,and cover for my washing machine? Makes sense if it breaks down.

Could you please advise me on the next step.

 

Thankyou

 

Julie

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The above letter complies to the letter on the FSA Waiver on hardship. If you don't want to fill in the I&E form then you have to wait. You need to complete it and I would photocopy any arrears letters on priority debts(mortgage/rent, council tax, utilities) and send them as well.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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