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    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
    • Have done the email address thing. The order specifically states just the applicant ?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Enforcement Notice from Lloyds for Overdraft


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Have received an enforcement notice under s76(1) CCA 74 from Lloyds this morning regarding my overdraft. It’s a pretty hefty one anyway but interest charges have sent it over by several hundred pounds. Not sure what to do now, should I SAR Lloyds or should I try to claim back charges on hardship basis? There’s absolutely no way I can pay more than the £1 token payments that I’ve been paying for the last year.

 

Not sure if I’m in the right place with this but perhaps it could be moved to the right place?

 

 

 

If I go down the reclaiming charges route, what charges am I able to recoup? Can I get the interest charges back? They've been charging nearly £50 interest even though I've asked them time and again to halt the interest. They know I can't pay more than £1.

 

 

Any help would be appreciated. Many thanks folks.

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any overdraft interst charges cause byt the bank charges can be refunded.

 

here is the links if you need them:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Ida x

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  • 4 months later...

Yes that is the right letter as long as you know exactly how much they have taken from you in charges.

 

If you're not sure, you could send a SAR first

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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thanks fox. I don't know the exact amount, SAR'd them way back but haven't received anything on the current account to date. They've now passed to a DCA for collection/court threats etc, usual stuff.

 

As if I don't know the exact amount then this letter is no good?

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The letter is fine but as you don't know exactly how much they have stiffed you in charges, you won't be able to reclaim all they have charged, only what you know.

 

Send them another letter re: the SAR and tell them they haven't complied with your SAR and tell them what you believe is missing.

 

Once you get your statements, you will then be in a better position to work out what they have charged and don't forget to add interest (I think at the same rate they were charging you)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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ok, thanks for that. I've sent the SAR reminder off giving them seven days to respond.

 

Not sure what to do about sending the letter now, would it be best to send it off omitting the part about how much I'm reclaiming or should I wait til I get the statements back and fill out the full amount? If I wait, is there a holding letter I can send the solicitors to keep them off my back in the meantime (especially as the account isn't in dispute)?

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quick question if anyone can help please.

 

think i may be clutching at straws but here goes - if SAR has been ignored by original creditor can this put the account into dispute in any way?

 

dca/solicitors are threatening legal action on behalf of bank and i was hoping to send them a mishmash of the CCA template letter to sols telling them to get stuffed

 

cheers in advance

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If a SAR has been ignored then its a breach of Data protection Act and should be reported to the ICO.

 

Account in dispute does not rely soley on non compliance of a SAR-if you are disputing the account balance then the DCA is obliged to hold off collection and either provide you with the info that you need or else refer back to the original creditor.

Can you give some more info

1.Who is the Original creditor

 

2.What does the debt/alleged debt refer to ?

 

3.Who is the DCA ?

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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Thanks Martin. Lloyds is the OC. Apex is the DCA. Apex’s sols Geoffrey Parker Bourne have sent me a letter threatening court action within 7 days. The SAR was incomplete (huge amount missing). Thing is I’ve already written to Lloyds reminding them of outstanding SAR and giving them a further 7 days to comply or I will report them to IFO (I have all the paperwork ready to go this time).

 

The debt is an overdraft that I want to claim charges on but I need SAR to calculate figures. I haven’t written to Lloyds about reclaiming/disputing overdraft figures yet as I am suspicious they may alter the charges in SAR response (paranoid I know).

 

I was hoping that Lloyds’ non-compliance with SAR could put the account into dispute so the DCA can’t hassle me anymore. Its sounds like that is right but as I haven’t actually written to Lloyds disputing figures yet I suppose DCA can still hassle me/take legal action?

 

 

Not quite sure what to do now. Would it be best to alert Lloyds that I wish to reclaim charges but not give an amount?

 

Is there anything I can quote to the DCA to halt legal proceedings?

 

Sorry it’s a bit disjointed, I was in bed very late last night (too busy worrying about this).

 

Thanks once again.

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Ok its a little clearer now.

Yes know what you mean-I was up late too.

Although you may not have specifically alerted dispute resolution with Lloyds-you can argue that the SAR is within itself being made because you are needing it to show the figures which you are disputing/wishing to claim.

 

Its very important that you have kept copies of anything and can show proof of posting and delivery.

 

Lloyds will no doubt be aware of the reasons for your SAR request,but it will do no harm to send a letter to their R/O FAO their legal department reminding them that since their failure to comply with your SAR request now in breach of the DPA,is frustrating your proposals to initiate your own actions,then any Court action they initiate will see you seeking disclosure by way of draft directions.

 

I will put something together for you to send to both Apex and GPB.

Meantime you can get a letter off to Lloyds ASAP.

Will try to get back to you later today.

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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Ok pm sent.

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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That is a great relief, thank you so much. I will get a letter off to Lloyds today and await your responses for Apex and GPB.

 

Luckily I keep copies of absolutely everything, I throw nothing away. Lloyds acknowledged the SAR asking for my sig by return, and then wrote thanking me for it! I also have an acknowledgement of the letter I sent warning them of the further 7 days so they have no excuse.

 

Thanks very much once again.

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No rush for Apex-theirs will be easy to do-as its Sat tomorrow will do this over weekend.

Lloyds and Sol are main ones and now you are sorted cwith those.

Try not to worry-dont let them spoil your weekend......or your sleep:p

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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Ok you should now have the other letter.

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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