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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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£21 Bank Charge for being overdrawn £2 for 1 day!!


Spamalot
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Hi All,

 

Is this really legal?

 

My daughter who banks with Lloyds and does not have an authorised overdraft went overdrawn by £2 when a direct debit was taken out of her account. She was overdrawn for 24 hrs as she paid money into the account the following day.

 

They have charged her £6 daily fee and £15 monthly fee totalling £21!!!

 

Please tell me they can't get away with this .. It's daylight robbery.. she's only a student.

 

Angry Spam. :mad:

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They say money talks......mine just keeps saying "Goodbye"

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hiya there,

 

unfortunatly they can do this it will be part of the terms and cond' however if this is the first time she has had any charges on her account or if she has not had any refunded or waivered (refunded-were the charge has already left the account and lloyds refund it back to her waivered-were the charge has yet left the account so lloyds place a waiver on there to prevent it from leaving) in the past 12 months then she can a request a waiver or refund, which she would be fully entitled to with the amount that she had gone overdrawn by and the amount the charge is for.....if onthe other hand they would have returned the direct debit as unpaid that on its own would have had a 20 quid fee charged to her account, i no it still doesnt seem fare her having to request the waiver/refund but at lweast it better than them taking the money.....if youd like any help or want any other advice let me know.:p

:razz:*WELSHIEGAL*:razz:
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Hi Welshiegal and thank you for your reply.:)

 

The amount hasn't been taken out of her account yet as she has been informed it will go out on 3rd August so how would she go about getting a 'waiver' she's never had charges before...

 

Would she just write to customer services or is there a special way of going about this?

 

Thanks, Spam

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They say money talks......mine just keeps saying "Goodbye"

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hiya,

 

she better off calling phonebank(08453000000) then all she needs to do is simply tell the advisor that she never had any charges previous on her acc and shes had a letter to say that she will be charged on 03/08/09 and she wants them waiverered....the advisor will check the acc and will then put a waiver on there for her, makesure they give her a ref no. then just keep ahold of this untill shes had the aug statement just to make sure it was put through correctly and doesnt go out the acc, if for any reason it does still go out get striaght on the phone with that ref no.

again if you need anything else just give me yell.:p

  • Haha 1
:razz:*WELSHIEGAL*:razz:
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Hi Spamalot

 

stick to your guns, call them and demand the money to be returned, we went £1.44 over drawn and was charge £35.00 madness, we chased and chased and Lloyds credited the funds the following month.

 

don`t give up it takes time

 

cheers

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Thank you both for your input and support. :)

 

Daughter has just got off the phone and Lloyds have filled in a waiver form for her. She has a reference and all we have to do now is wait and see...

Hopefully there won't be any problems but if there are we will definitely fight back!!!!

 

It's just so sad and outrageous that many people will let them get away with it , I know I have in the dim and distant past, and that's what the Banks rely on... punishing the little people for minor misdemeanors... Thank heavens for CAG!!.

 

Thanks again.

 

Happier Spam. :D

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They say money talks......mine just keeps saying "Goodbye"

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It's just so sad and outrageous that many people will let them get away with it , I know I have in the dim and distant past, and that's what the Banks rely on... punishing the little people for minor misdemeanors... Thank heavens for CAG!!.

 

 

:pYeh totally agree with you there.......NEVER A TRUER WORD SPOKEN:p

:razz:*WELSHIEGAL*:razz:
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  • 3 weeks later...

Just to update...

 

3rd of August has been and gone... no charges have been taken from her account so it seems there's been another mini victory for the little people..

 

A big thank you to you all for your help and another big thank you to CAG..:D

 

Much happier Spam :D:D

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They say money talks......mine just keeps saying "Goodbye"

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