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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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natwest charges refused


lauraM1
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i have three charges places on my account, two from when i changed DD dates and completely forgot, the third was an error from specsavers, so im hoping to claim it back from them.

 

I explained the situation to Natwest and sent in my budget summary, proof of what i paid out and explained that i was a single parent and showed them my benefit proof. this clearly showed that there was nothing to spare.

 

they took the money out of my account leaving it in a minus - the three charges of £38 each. i was due to have some money paid into the account from someone that owed it to me, i called the bank and explained the situation to them, they assured me that as a one off, whilst my case was being decided, i could draw out the money that was paid in and not the left over amount by the time the three charges came out. So of course i believed them and didnt make alternative arrangements for the money.

 

This turned out to be a lie and i lost over £100 from the three £38 charges. Ive complained about being mislead by the bank - no reply.

 

Since then ive had a letter to say that they are not willing to refund the charges as they are seen as fair and as it was my fault, its irrelevant of my situation, so ive lost all that money.

 

is this really the end of the line?

 

thanks.

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No it is not the end of line. Keep fighting and they will give in. The banks do and will do anything either in writing and verabally to put you off. If you show weakness once they will never listen to you.

Fight for your right if they did not or do not care wheather your child have enough money for his food or not so why should you.

Let all us consumers join and keep fighting in a corrupt system where a common person gets prison or CCJS for a tenner and corrupt bankers get pension in millions after Ruining their own institution and the same banks pay them bounties.

Where is British justice and democracy. Sometimes feel like living in Cuba Iraq Or Afghansitan ( a law less state )

Keep fighting do not give in Threat them legal Actions and these coward morons will give in.

Hussy

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I think you need a letter demanding a refund of the charges and which mentions UTCCR 1999.

 

There is a good sample letter you can adapt on the Bank Templates link :-

The Consumer Forums - Bank charges templates (consumer)

 

Look for #Article 3 - Letter Preliminary approach for payment.

 

Then, if you don't get a satisfactory response you might consider #Article 4 - Letter before Action - Bank charges

 

With regards to Article 3, you may need to edit out some things in red e.g. if you have not been issued with a Default Notice then leave that para out.

 

I suggest, have a look, if you're are not sure then come back - with a prototype letter and post it up for comments (remove your ID, address and account no)

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

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yes i did. i copied a letter that was here and there was a space for me to put why i wanted the charges refunded now so i explained about being a single parent, showed them proof of my benefit money, rent, water rates, budget summary etc. this all tallied up and there was zero left over as disposable income.

 

they still refused the charges saying that the charges were seen as fair due to me missing the DD dates.

 

so what is my next step now? £126 is a hell of a lot of money for me, and although this wasnt my benefit money it came from, it was still my money that was paid into the account that someone had owed me from a job i did months ago, that didnt affect my benefits because it was below the £20 a week allowance, just paid in bulk cos there had been a mistake with it.

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yes i did. i copied a letter that was here and there was a space for me to put why i wanted the charges refunded now so i explained about being a single parent, showed them proof of my benefit money, rent, water rates, budget summary etc. this all tallied up and there was zero left over as disposable income.

 

they still refused the charges saying that the charges were seen as fair due to me missing the DD dates.

 

so what is my next step now? £126 is a hell of a lot of money for me, and although this wasnt my benefit money it came from, it was still my money that was paid into the account that someone had owed me from a job i did months ago, that didnt affect my benefits because it was below the £20 a week allowance, just paid in bulk cos there had been a mistake with it.

 

If there wasn't arrears on priority debts then they wouldn't have offered a refund and for £114 or £126 it is below what could be considered hardship.

I think the issue I would have is about the specific advice itself because the banks charges is one issue and access to the money was a different issue, however, as I have joined this discussion way too late to be able to help with the amount paid in, the argument is futile now.

Did you write to the branch of Customer Services Response Unit in Edinburgh?

.

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

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Hi Laura

 

Yourbank has a valid point but I am not sure wehather you can take it to Financial Ombudsman?

I have read Natwest agreement and they say If we can not solve it then you can take it to Ombudsman but Please (lol) dispute with us first.

I would give them Ombudsman threat with Extra interest and penalties.

Hussy

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Hi Laura

 

Yourbank has a valid point but I am not sure wehather you can take it to Financial Ombudsman?

I have read Natwest agreement and they say If we can not solve it then you can take it to Ombudsman but Please (lol) dispute with us first.

I would give them Ombudsman threat with Extra interest and penalties.

NOOOOOOOO!. on what grounds is the case going to the FOS?

.

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

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right i see, so you mean because i do not have any other debts apart from one that i pay £10 monthly on , they wouldnt have considered a refund?

 

i have complained about the advice i was given, still no reply. that went to an address that i was given by branch, cant remember it now though.

 

the address on the letter about the bank charges being refused is borehamwood, customer relations department.

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sorry i dont really understand what Ombudsman is, im guessing the next stage?

i think i am going to have to admit defeat arent i? even though i have no disposable income, it looks like because it is my mistake they took their chance with the money paid in and thats it it seems.

il definitely learn by this expensive lesson.

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but wouldnt it of been dealt by them then? surely only one department can deal with them? if mines been refused then is it worth my going through a different address?

Depends on the wording really. If the response you had made reference to the OFT test case then its all fine and dandy as your claim has been registered.

.

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

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yeah if mentioned that as i got the letter from here and that was in it and then also a space for me to put about being on benefits etc, but the claim was rejected and told that the charges were seen as fair.

 

heard nothing back though about the complaint i made about being told the incorrect info about the money paid into the account - read the first posting

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yeah if mentioned that as i got the letter from here and that was in it and then also a space for me to put about being on benefits etc, but the claim was rejected and told that the charges were seen as fair.

 

heard nothing back though about the complaint i made about being told the incorrect info about the money paid into the account - read the first posting

I think had I been you I would have added what the money was for and the consequences of not being able to use the money plus when you weren't able to take the money, the cost and inconvenience of that misinformation.

 

Bank charges for me is one issue

Being deprived of money that you legitimately earned and was to be used to, for example, feed yourself, is another matter.

.

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

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Hi Laura

 

Ombudsman is an independent body which deals with financial disputes free of charge.

 

This happens to me every month I have barclay account they call it premier account and kept charging me £25 as a fee per month on top of thatthey still keep charging me overdrawn fees and failed direct debits.

They would not pay £20 to a direct debit Charge me £35 as soon as my wage Comes in.

This routine is been going for years now I earn 250 a week and pay 100 to 200 in fees to bank plus failed payment credit card people charge me £12.

I made a top up of £5 on my phone through debit card it went through I was overdrawn but it still went through... surprise surprise

barclay charged me overdrawn fee £35 next day , A £5 top up cost me £100 as when barclays deducted charges My mortgage debit failed they charge me £50 and as the accont was overdrawn 3 days letter Capital pne Payment bounced They Charge £12.

The Moral of the story is that these banks do operate on unfair policies their bosses get pension in Millions and staff gets bonus expenses and other incentives, where do these money come from?

It is all wrong unfair and dishonest someone like myself yourself dont pay £10 gets dreagged to the courts and these bankers have ruined the economy and are being paid in pension in millions and still being called SIR>

we all need to get togather to fight injustice.

Hussy

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ok so in short - do i have anywhere to go from here on is this it, they have looked into, decided it was my fault and took the money and thats it?

 

the complaint about being told i could access the money is one issue, but heard nothing on that yet so maybe i should chase it

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Please please please come up to date with what is going on. SSAA 1992 does not cover benefits going into a bank account. Steven4064 has a whole thread dedicated to this.

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.

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

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no i dont in to that account.

 

so am i right in saying that on this occasion they are well within their rights to take the three charges and i cannot get them refunded as my circumstances arent hardship enough?

 

does anyone know what is to happen with regards to the complaint about being told the incorrect information on the telephone about having access to my money?

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