Jump to content


  • Tweets

  • Posts

    • I will try again...................... Even at my age there is quite clearly a PCN envelope by the windscreen wipers on your car on some of the photos.  But as I said in the IPC letter, that is not the dispute. The dispute is that CPM sent you the second PCN on the 28 th day of the issue date of the first PCN. It should not have been sent until the day AFTER the original PCN was issued. Therefore they broke the Act, they breached the IPC Code of Conduct and their agreement with the DVLA. It is something that the IPC cannot ignore since to do so will bring the ICO down on them and the DVLA should ban CPM from getting data from them once they know if the ICO do nothing. The minimum I expect is that your PCN will be cancelled. But it is up to you. I have given you the details, you have copies of both PCNs sent to you on the sar  with all  the relevant dates. 
    • Apply for an HM Armed Forces Veteran Card   An HM Armed Forces Veteran Card is a way to prove that you served in the UK armed forces. The card can make it quicker and easier to apply for support as a veteran. It’s free to apply. You can currently only apply for a Veteran Card if you have a UK address. Veterans who do not have a UK address will be able to apply later this year. READ MORE HERE: Apply for an HM Armed Forces Veteran Card - GOV.UK WWW.GOV.UK Apply for an armed forces veteran card to prove that you served in the UK armed forces.
    • The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies. Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}. It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post. Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii)  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible . What a rubbish Claim Form -doesn't even give the date of the event which it should.  
    • it doesn't matter what you are being charged or if you missed the discount period. you ain't paying anyway..... if this ever gets before a judge. then the ins and out of POFA2012 or any IPC/BPA guidelines might come into play. until then i go get on with your life. you are spending far too much time on a speculative invoice scan scheme  its almost as if you believe these are fines and enforceable in a criminal court and you could have bailiffs at your door any minute.    
    • Debt Respite Scheme (Breathing Space) guidance - GOV.UK (www.gov.uk) but dont get scammed into a DMP. simply tell whomever you call to simply apply for the BS for you.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

davg v clydesdale


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6284 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone, I have been with the clydesdale almost 17 years and have decided after viewing this site to have a go at getting these charges back. I've recently received my statements for my current account and a mastercard. I'll hopefully be claiming back about £1500. I am in the middle of doing my schedule of charges and was wondering if anyone could advise me on the service charges levied (the maintenance charge you get the following month for being over your overdraft limit) as I read on the FAQ's that if you agree as part of the T&C's then you cannot claim these back however after checking back over the statements found that the service charge increased a lot if you went over your limit as a posed to staying within your limit e.g. £8.50 - £22.50. Just think that this is unnecessary as they have already charged me already for example a returned standin order or direct debit. Sorry for going on a bit but would like to complete this schedule asap, any help would be much appreciated and good luck with all your claims.

 

davg

Link to post
Share on other sites

  • 2 weeks later...

Hello again, quick update. Sent prelim letter with schedule of charges to local branch and received letter back from manager saying they need time to investigate the charges so once the 14 days are up LBA going pronto !

 

Cheers davg

Link to post
Share on other sites

  • 2 weeks later...

Hello again, received sod off letter from branch manager saying charges were fair and reflected banks costs to maintain administrative systems blah blah...

 

Will be sending LBA off asap. I was wondering if I should send two LBA's (one to branch manager and one to customer relations) ?

 

good luck everyone

 

davg

Link to post
Share on other sites

  • 4 weeks later...

Hello again, quick update, sent LBA two weeks ago and after the first week received a reply from Hilary McGuiness saying will re-open complaint and would need another 4 weeks to investigate...chancers. I've stuck to my schedule so their time is up now, file court papers on Friday afternoon so no going back now.

 

Good luck everyone

 

davg

Link to post
Share on other sites

  • 1 month later...

Hello again, had a five week disruption in my claim due to work commitments so never managed to get my court papers filed but on Friday received a cheque from CB for more than half of what I'm claiming in a bid to "resolve the matter without the disproportionate expense of court action".

 

I didn't expect an offer at LBA stage but they have had an extra five weeks to "investigate the matter".

 

I fully intend to go for the whole claim amount so can anyone advise me whether to keep the cheque as a part settlement and go get the rest via court ? or do I send it back telling them I'm going for the full sum owed plus interest plus costs.

 

Should I give them 7 days to respond ?

 

Cheers and good luck everyone

 

davg

Link to post
Share on other sites

Davg

 

Look at my thread Hoogie32 v Clydesdale.

 

Im just printing the letter out now to send back to them - They have offered me £929 against £3553.00 -

 

No way

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

Link to post
Share on other sites

Hi Hoogie, thanx for that, will read your thread right away.

 

Hi George, good to see your still battling away against big Neil and his cronies, just gie us our money back chief !

 

davg

Link to post
Share on other sites

Just an update to say I've sent the settlement cheque back to Neil McKirdy with a letter stating I would pursue them for the whole claim + interest + costs in 7 days if no reply.

 

It was quite a hard decision to make as I have a 3 yaear old and 11 month old twins who would have got a really great xmas but I believe in my rights and won't settle for a penny less than I'm due.

 

Just hope that by sending the cheque back so close to xmas time (fat chance) will hammer home the message that I intend to go the whole way to get back what is my money. Here's hoping anyway.

 

Good luck everyone

davg

Link to post
Share on other sites

You've done the right thing. Your little ones are young enough to be caught up in the magic of Christmas without the need for lots of expensive presents. Take it from one who knows, this will change!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 2 weeks later...

Davg,

 

have a look at my thread 'Clydesdale bank obstructive behaviour'. I think in order that everyone is seen to exhaust every avenue before referring the matter to court, and in the light of comments made by the chairman of the FOS we really should be highlighting our intention of reporting these delaying tactics to the OFTand the FOS who have both stated their intention of, respectivly, legal action against the credit card companies who don't comply with the £12 limit quickly and a ruling to compell banks to deal with consumers without obstruction, Clydesdale and Yorkshire Bank are doing everything they can to obstruct all claims.

 

The point of all this is that the Banks ought to be more concerned with a prosecution from the OFT and a ruling from the FOS (which incidentally mentioned the customers that haven't claimed being paid back) to stop being obstructive which is much more financial damaging than a few persistant blighters taking them to court occassionally. Before you send in your court papers write to your bank with the text on my thread (or similar) and then should they still refuse to cooperate, go to the FOS web site, fill out the complaint form and send it off. This may take slightly longer but it will build complaints that the FOS needs to act.

 

Finally, when you go to court you look good as you have been seen to have attempted to keep the incident out of court and done everything possible to resolve the matter. And remember, there is also a risk that they will take somone on in court one day and win which would be a disaster for all of us so treat court as the very last resort, not the first.

Been screwed by banks all my life, it's payback time!!!!

 

OK as I seem to be handing out advice here I guess I had better add a disclaimer to my signature, Caro, hope you don't mind but I nicked yours.

 

Advice & opinions given by Dread are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Just an update to say I've sent the settlement cheque back to Neil McKirdy with a letter stating I would pursue them for the whole claim + interest + costs in 7 days if no reply.

 

It was quite a hard decision to make as I have a 3 yaear old and 11 month old twins who would have got a really great xmas but I believe in my rights and won't settle for a penny less than I'm due.

 

Just hope that by sending the cheque back so close to xmas time (fat chance) will hammer home the message that I intend to go the whole way to get back what is my money. Here's hoping anyway.

 

Good luck everyone

davg

brave move. Good luck.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

Davg,

 

have a look at my thread 'Clydesdale bank obstructive behaviour'. I think in order that everyone is seen to exhaust every avenue before referring the matter to court, and in the light of comments made by the chairman of the FOS we really should be highlighting our intention of reporting these delaying tactics to the OFTand the FOS who have both stated their intention of, respectivly, legal action against the credit card companies who don't comply with the £12 limit quickly and a ruling to compell banks to deal with consumers without obstruction, Clydesdale and Yorkshire Bank are doing everything they can to obstruct all claims.

 

The point of all this is that the Banks ought to be more concerned with a prosecution from the OFT and a ruling from the FOS (which incidentally mentioned the customers that haven't claimed being paid back) to stop being obstructive which is much more financial damaging than a few persistant blighters taking them to court occassionally. Before you send in your court papers write to your bank with the text on my thread (or similar) and then should they still refuse to cooperate, go to the FOS web site, fill out the complaint form and send it off. This may take slightly longer but it will build complaints that the FOS needs to act.

 

Finally, when you go to court you look good as you have been seen to have attempted to keep the incident out of court and done everything possible to resolve the matter. And remember, there is also a risk that they will take somone on in court one day and win which would be a disaster for all of us so treat court as the very last resort, not the first.

 

 

We welcome the day that they take someone on in court as the law is on our side. It's the banks avoiding court appearances not us. There would be no problem proving the banks to be in the wrong. Ask yourself why they aren't going to court, because they could very quickly put a stop to all these claims if they just stood up in court and proved us all wrong. That's the point. They won't do it.

 

The trouble is the FOS and OFT will take even longer, which is why the process adopted by this site is to allow 28 days before resorting to court, which so far has proved perfectly acceptable to the courts.

 

Please familiarise yourself with the FAQ's and step by step instructions on this site, which set out a tried and tested successful process, as do our template letters. Owing to the differences in the Scottish legal system, the Govan website does provide useful information too, but the basic process we suggest works in Scotland too. Robertxc, one of our own moderators is claiming against Clydesdale in Scotland, and is very familiar with the legal system there so support is available from this site too.

 

There have been in excess of 4,000 successful claims (and those are just the ones we know about) using the methods here, and we have over 90,000 members, many with multiple claims. I consider that to be more than a few persistent blighters taking them to court occasionally. Please do a bit more reading so that you will understand our process and the legal arguments to support our claims.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Caro,

 

rather than hijack this thread please have a look at my thread 'Clydesdale bank obstructive behaviour' for a response to this.

Been screwed by banks all my life, it's payback time!!!!

 

OK as I seem to be handing out advice here I guess I had better add a disclaimer to my signature, Caro, hope you don't mind but I nicked yours.

 

Advice & opinions given by Dread are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Done

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 2 weeks later...
  • 4 weeks later...

Went to court on thursday with papers and spreadsheet filled in but was informed by the clerk that I would have to word the claim(section4 from form 1 of the small claim summons) differently if i was to to include the 8% interest from the date the charges were brought about, not from the date of service (which would be when the summons would be served). Can anyone help me with the wording of this ? I have looked at loads of threads to see if anyone has also had this problem but i can't find any unfortunately.

The clerk actually said she had never seen anyone going for 8% interest from the date the charges were brought about ontop of the judicial interest which i was a wee bit alarmed about. Hope someone can help me here, thanks.

 

davg

Link to post
Share on other sites

Cheers George, i've managed to come up with something that incorporates the charges and interest at 8% that comes up below the £750 limit so should be ok now. Just worded it a wee bit differently so the judge knows that it's not judicial interest i've included. Thanks again mate.

 

davg

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...