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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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I have just contacted Abbey telephone banking and the lady there was able to tell me how much I have paid in charges since Dec 2004. This comes to the princely sum of £948!! I have requested my statements for the past five years, and she said ok, no problem, but it will take around 4 weeks for them to arrive. She didn't ask me why I wanted my statements, which is good.

 

I have opened a bank account elsewhere which I have arranged to have my salary paid into so that Abbey cannot take the £150 charges which are due out on 1st March.

 

I have an authorized overdraft with Abbey of £1500, so I believe that if I stop paying money into Abbey I will owe them £1500.

 

My question is this: Do I wait for Abbey to take action against me for the £1500 that I owe them and then do a counter claim for my charges to be refunded. Or do I claim my charges back from Abbey and hope that they refund them, thus clearing most of my overdraft?

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I have just contacted Abbey telephone banking and the lady there was able to tell me how much I have paid in charges since Dec 2004. This comes to the princely sum of £948!! I have requested my statements for the past five years, and she said ok, no problem, but it will take around 4 weeks for them to arrive. She didn't ask me why I wanted my statements, which is good.

 

I have opened a bank account elsewhere which I have arranged to have my salary paid into so that Abbey cannot take the £150 charges which are due out on 1st March.

 

I have an authorized overdraft with Abbey of £1500, so I believe that if I stop paying money into Abbey I will owe them £1500.

 

My question is this: Do I wait for Abbey to take action against me for the £1500 that I owe them and then do a counter claim for my charges to be refunded. Or do I claim my charges back from Abbey and hope that they refund them, thus clearing most of my overdraft?

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I forgor to mention that i have paid abbey £3000 in charges over the past TWO years.

You have already started a thread about your claim. Please would you continue posting there and not start new threads for each post you make.

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I forgor to mention that i have paid abbey £3000 in charges over the past TWO years.

You have already started a thread about your claim. Please would you continue posting there and not start new threads for each post you make.

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I have just contacted Abbey telephone banking and the lady there was able to tell me how much I have paid in charges since Dec 2004. This comes to the princely sum of £948!! I have requested my statements for the past five years, and she said ok, no problem, but it will take around 4 weeks for them to arrive. She didn't ask me why I wanted my statements, which is good.

 

I have opened a bank account elsewhere which I have arranged to have my salary paid into so that Abbey cannot take the £150 charges which are due out on 1st March.

 

I have an authorized overdraft with Abbey of £1500, so I believe that if I stop paying money into Abbey I will owe them £1500.

 

My question is this: Do I wait for Abbey to take action against me for the £1500 that I owe them and then do a counter claim for my charges to be refunded. Or do I claim my charges back from Abbey and hope that they refund them, thus clearing most of my overdraft?

Please would you post your calim in a new thread. Please do nto hijack another thread. It makes it very difficult to follow and for us and others to give you the support that you may want.

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I have just contacted Abbey telephone banking and the lady there was able to tell me how much I have paid in charges since Dec 2004. This comes to the princely sum of £948!! I have requested my statements for the past five years, and she said ok, no problem, but it will take around 4 weeks for them to arrive. She didn't ask me why I wanted my statements, which is good.

 

I have opened a bank account elsewhere which I have arranged to have my salary paid into so that Abbey cannot take the £150 charges which are due out on 1st March.

 

I have an authorized overdraft with Abbey of £1500, so I believe that if I stop paying money into Abbey I will owe them £1500.

 

My question is this: Do I wait for Abbey to take action against me for the £1500 that I owe them and then do a counter claim for my charges to be refunded. Or do I claim my charges back from Abbey and hope that they refund them, thus clearing most of my overdraft?

Please would you post your calim in a new thread. Please do nto hijack another thread. It makes it very difficult to follow and for us and others to give you the support that you may want.

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  • 3 weeks later...

Firstly I would like to express my thanks to the people who have put a lot of time and effort into this site for us all to use FREE of charge. You have all done an amazing job. THANK YOU.

 

I first came accoss the site via MSE and have taken a few days to familiarise myself with the site and some of the cases currently underway.

 

I have followed the step by step guide so far (I hope I got everything correct!) and have set up a second account just in case it becomes necessary.

 

I have visited my local branch of HSBC as per their published complaints procedure and did not get a satisaftory response from the Manager (surprise surprise)

 

He offered me a refund for some of the more recent charges which I politely declined and I told him I will only accept a FULL refund of my own money.

 

He told me that there was "No leaway and it was not negotiable" and that the last 6 years of charges was "Water under the bridge"

 

He made some rather rude and personal comments and at one point when I told him I had printed off all my statements from the HSBC website for the last 6 years he told me "I suggest you try to get out more often" a rather professional comment I thought...

 

This meeting has made me more determined than ever to get my money back, I don't need to be patronised and humiliated any further by these people.

 

I have now finalised my letter stating that I have followed their published complaints procedure and have not received a satisfactory response at local branch level and therefore am taking up the matter with the complaints department and have assured them that court action will begin within the time frame I have issued. It will be in the post on Monday morning.

 

I was just wondering if it would be prudent to send a copy of my letter to as many people/offices as possible ie one to M Bowden at Sheffield, one to David Walker at Edinburgh, one to "The Manager" at the customer services department Canada Square London (as per the complaints procedure leaflet) and one to my local branch?

 

Any comments or advice would be gratefully taken on board...

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Don't waste your time. You have to understand two things.

 

When they respond to you with standard letters etc, they are just going through the motions. They don't mean it.

 

Funnily enough, when you send them our templates etc, you are just going through the motions too. You know that they take no notice but you are going through the steps, showing goodwill - just for the look of thing, nothing more. You don't mean it either.

 

So NO. Just send one letter at each stage and just keep going until the time comes to send them the Good News. Then they will probably breakstep and pay you back your money.

 

It's just a two-person zero-sum game - but although they are banks, they don't understand much about economic game theory.

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  • 2 weeks later...

I haven't been around much since my last post and a lot has changed on the boards...great work guys it looks superb round here!

 

To keep to the point:

 

I have had no reply whatsoever to my initial letter requesting my money to be refunded.

Their 14 days has now expired so I am just preparing my LBA which will be in the post tomorrow.

 

Will keep you all updated.

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Start getting your particulars of claim ready during the next 14 days

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With all the talk of the OFT capping charges, possibly tomorrow, I wish I had accepted their offer to refund some of the money when I went into my branch and then pursued the rest separately instead of going for the whole lot in one lump sum...hindsight is a wonderful thing eh?

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AT LAST! I have had a reply from the mystical Mr Phil Beaumont, Senior Service Quality Officer.

 

The letter reads:

 

"WITHOUT PREJUDICE

 

Thank you for your letter dated 19th March 2006 requesting a refund of all your bank charges of £455 going back to March 2000.

 

In circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or over an agreed overdraft limit, we have to consider wether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our Personal Bankig terms and conditions which you were provided with a copy of when you opened your account. If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

 

HSBC is, however mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £350 representing the charges applied in full and final settlementof this matter.

 

If you accept this proposal please sign and return the enclosed copy of this letter to us and we will arrange for a refund to be made to you.

 

I trust that this matter has now been addressed to your satisfaction. If you are not satisfied with the bank's response you have the right to refer your complaint to the Financial Ombudsman Service. Further details about the Ombudsman scheme are set out in the leaflet and you have six months from the date of this letter, within which to refer your complaint to them should you decide to do so."

 

It then continues and states "I/We accpet the sum of £350 in full and final settlement of this matter against the bank"

 

The letter is dated April 5th which is the day I posted my LBA to them and incidentally the day that the OFT made it's announcement.

 

I am unsure of how to proceed now. I think I have 4 options.

 

1. Just proceed to court (presumably I do not need to write again as they would have received my LBA now)

2. Write to them and inform that I do not accept the £350 and I will begin court proceedings

3. Write to them and state that I accept £350 but I do not accept the condition that it is in full and final settlement.

4 . Accept the offer (not really my preferred choice as I am entitled to the whole lot but I have raised some questions below and may take this option)

 

There is also another angle at which to look at my case. I am claiming back a total of £455 in charges. This covers 15 "offences" of going over my overdraft facility. By offering me £350 they are retaining £105 thus in theory (I think) making a £7 charge for each time I have exceeded my limit. Would HSBC use this £7 charge per offence as defence in Court by saying that the £7 reasonably covers their costs?

 

I am a single mum and this is a considerable amount of money to me. I have to fully evaluate wether HSBC will make an example out of me by meeting me in Court, proving that what amounts to £7 per offence is fair and then I lose it all including my costs. I have known all along that HSBC could see me in Court which I am fully prepared to do but now that the OFT has made an announcement I am wondering wether this will be what HSBC fight with.

 

IF I were to accept the £350 and signed the part that says I accept it as full and final settlement am I signing away the possibilty of me claiming back any future charges that may be applied to my account?

Also am signing away my right to claim back any charges applied to the account PRIOR to 6 years (if anyone manages to find some kind of a loophole for that)

 

I also think that the amount I am claiming is small to them, will they really want to go to court for that? They have already stated in the letter that they are "mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim" I suppose if I did end up in court HSBC would have to disclose true costs to us all and if nothing else we would have some answers and I will have stuck to my princilpes.

 

I know there are a lot of if's, but's and maybe's and nobody can tell what is going through the mind's of HSBC's solicitors since the OFT announcement but any thoughts or advice on my case would be very appreciated.

 

Thanks for taking the time to read my very long and rambling post, it really is just my inital thoughts and gut reaction to my letter.

 

btw I am going to donate a percentage of my recovered money to the book fund as I wouldn't have got this far without the help and support of you guys, thanks.

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Hey well done for sticking this far - just shows you what a little bit of perseverence can achieve..

 

£350 is good offer - but I am sure the administrators of this site who know far more than me will tell you to just hang out for the bulk - 'cos they are'nt going to defened the action.. I mean the dimwits even confess in the letter to you that the investment in time and money to do so would be ludicrous..

 

So my gut feeling is they will not defend if you hang out for another few days and you will have the extra money.. your call?

 

As for charges prior to the six years, I am not sure that the statute would extend this far but you are only settling over "this matter" that is to say the 6 years that you have approached them over..

 

As for the future, again I expect your statutory rights remain unaffected, any subsequent claims against the bank would relate to new circumstances.. and to be honest I think you will find HSBC very quickly (by May 31st) adopts a new charges pricing strategy that ensures their penalties are deemed fair in accordance with the UTCCRs and the OFT report... therefore avoiding any future challenges...

 

WELL DONE SO FAR.

 

Ed

 

Waiting for statements on two accounts all the way back to 2000 when I was a wreckless student! Have made DPA request, expect prelim claim to be 1500+.. just hope it goes like yours!!

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Hi Ed

 

Thanks for the words of encouragement. I needed them! You have confirmed exactly what I know in my heart of hearts I guess and having had the entire day thinking of very little else I think that I am going to hold out for all of my money. Every last penny. After all that is what I set out for, and I don't think I should stop now that I am this close. It is so tempting to accept it though as what they are offering is so close to what I requested.

 

Even after all the reading I have done on this site it still comes as a shock when you get a reply, particularly one that catches you off guard because it is so far from what you expected. I guess that I started to feel out of my depth and my confidence was temporarily knocked by this letter.

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Right decision made, I did not come this far to fall at the last fence.

 

I am going to send this letter to Mr. Beaumont:

 

"I thank you for your letter dated 05 April 2006, offering to refund £350 of fees however, I am not wiling to accept this unless you provide me with the information that shows that the bank incurred costs amounting to £105.

 

However, as a gesture of goodwill I would be willing accept £455 and therefore I will not seek to claim the 8% Apr and costs that I will add to the claim if it is to progress to a court hearing.

 

You have 14 days to respond and if I have not heard anything within this time period I will commence court proceedings without further notice."

 

Any thoughts on my letter, is there anything I should add or leave out? Any advice would be GREATLY appreciated.

 

*edited as realised we had Phil Beaumont's address already in the contact section*

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likin it..

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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I have had a letter this morning to say they are offering a FULL refund!!!

 

I am sooooo pleased I didn't give in to them last week. They replied very quickly after I sent the letter refusing the £350 (within 48 hours!)

 

Amazon donation on it's way guys. Thanks a million once again to all mods and admin.

 

Hopefully there will be more donations on the way as I have more companies to chase now that I have used HSBC for practice.

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I am just signing to say that I accept the FULL refund, it will be posted tomorrow. I might treat myself to a bottle of cheap plonk later this week when I finally see the colour of my money, I could do with a drink after all this excitement.

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