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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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RBS/Natwest reduce charges to £5.


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I agree this is great news, especially viewed alongside the memo detailing thier plans on how to handle refunds. Of course they were just planning for all eventualites, just like this decision has no connection whatsoever to the test case and likelihood of them losing.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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I take a lot of comfort from this - why would they chop the charges unless they think the test case is going to go against them.

 

I wonder how much involvement the government has had in this decision - it will be interesting to see if the other state owned banks follow suit (Northern Rock and Lloyds).

 

Whilst the "paid" overdraft fee remains fairly high at £15 what is amazing is the monthly cap on fees - down from £114 a DAY max at the moment for bounced payments to £50 max a MONTH !!!! This must be great news.

 

I also suspect its an indication of the way the settlement for the test case will go - ie. we wont get back all that we are claiming but only some of it because a core amount between £5 and £15 per charge will be deemed to be fair by the OFT.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Interesting but ..... I think the courts found that the charges arent a penalty and therefore the issue at stake is whether the OFT can rule on whether a charge is fair or not ? Lets say that the courts decide that OFT can rule but the OFT says £5 or £15 is fair ? On thi basis I dont think we'll see a full refund .....

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Interesting but ..... I think the courts found that the charges arent a penalty and therefore the issue at stake is whether the OFT can rule on whether a charge is fair or not ? Lets say that the courts decide that OFT can rule but the OFT says £5 or £15 is fair ? On thi basis I dont think we'll see a full refund .....

 

The bank's will have to show actual cost's to prove these charges are fair,

Until these costs are shown a claim can be made on unfair terms, by not knowing these actual costs, for me the banks are profiteering out of these charges. That is why they are unfair

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I quite agree that this is a massive victory, even at this stage. To some extent I am torn by the development since the OFT intervened. On the one hand I was one of the people jumping up and down saying the powers that be should get involved.

 

Thing is by the time they did do something campaigners like CAG and Martin Lewis were doing fine on thier own. I believe they were very close to forcing the banks to disclose the costs in open court, which is what they (the banks) had been trying to avoid.

 

Then when the OFT and FSA did take action I thought it was far too cosy and definately too much in favour of the banks who, lets remember, effectivley brought this backlash on themselves by ramping up the charges.

 

I really don't think some sort of OFT cap on fees would settle the matter, that is the situation with credit cards but you can still get a full refund. On balance I welcome any reduction voluntary or agree with the OFT, but for me the sooner they get out of it the better.

 

Then we can go to work on finding out the TRUE costs which is what this whole thing is about.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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I take a lot of comfort from this - why would they chop the charges unless they think the test case is going to go against them.

WELL with their £20 maintenance+ £15 is this not what the other banks charge at the moment,

I wonder how much involvement the government has had in this decision - it will be interesting to see if the other state owned banks follow suit (Northern Rock and Lloyds).

None i would say,

 

Whilst the "paid" overdraft fee remains fairly high at £15 what is amazing is the monthly cap on fees - down from £114 a DAY max at the moment for bounced payments to £50 max a MONTH !!!! This must be great news.

Until they show actual costs how is it good news?

I also suspect its an indication of the way the settlement for the test case will go - ie. we wont get back all that we are claiming but only some of it because a core amount between £5 and £15 per charge will be deemed to be fair by the OFT.

Just because they amend their fees doe's not put them in the position to pay out the difference between the old fees to the new ones.

At the time they were taken they were unfair & until they show actual costs they will still be unfair.

 

Natwest are giving nothing, just making it look like they are, good PR

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Just because they amend their fees doe's not put them in the position to pay out the difference between the old fees to the new ones.

I never said that it did put them in that position. At the end of the day that is not for us to decide - the OFT will first decide as part of their review of current accounts whether the charges are fair and if they are not fair then my view is that the OFT will ask the banks to justify the levels of fees charged. I'm sure the banks will find a way to over inflate the actual costs.

 

Natwest are giving nothing, just making it look like they are, good PR

I completely disagree - this is a big step forward. Its not a solution but still something for us to be pleased about.

 

Whilst the "paid" overdraft fee remains fairly high at £15 what is amazing is the monthly cap on fees - down from £114 a DAY max at the moment for bounced payments to £50 max a MONTH !!!! This must be great news.

Until they show actual costs how is it good news?

They can and do charge up to £114 a day - i.e. that works out at £3,420 a month and you think a cap of £50 a month is not good news..... are you mad ?

Edited by Stornoway
TYPOS

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Im shocked at this news... to be honest its all come too late for me, Nat west closed down my accounts a couple of months ago and Im now fighting to get my fees back through hardship.

 

However, Im fuming... Ive put up with so much rubbish from the natwest.. oh their charges are fair etc.. no we cant pay any of them back etc.. like everyone else...

 

Whats got me wound up is the fact in one swoop they have knocked off £34 ... and put a cap on the amount of charges per month... My god if only that was the case with my accounts... one months charges was over £400 and thats just one month. I did claim some back.. then the second lots been stayed forever....

 

Anway... good news if you have an account with nat west.. its about time they reduced the charges. Good news as well as it shows they are scared now... but its about time.

 

My only hope... is that they get taken to the cleaners.. by everyone thats been financially raped by them..

 

ah well..

 

Lynne

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If the reason your account was closed was down to issues arising from charging then complain to the FOS. Some members have been awarded compensation - generally not very much, but if they have been unreasonable then make them pay. If you decide to do that however, please can you start another thread. :)

 

 

 

 

 

 

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I never said that it did put them in that position. At the end of the day that is not for us to decide - the OFT will first decide as part of their review of current accounts whether the charges are fair and if they are not fair then my view is that the OFT will ask the banks to justify the levels of fees charged. I'm sure the banks will find a way to over inflate the actual costs.

 

I also suspect its an indication of the way the settlement for the test case will go - ie. we wont get back all that we are claiming but only some of it because a core amount between £5 and £15 per charge will be deemed to be fair by the OFT.

 

 

I answered your posts with my opinion from personal hardship & frustration caused by Natwest & by not calling you mad or anything else.

my point is the banks have given nothing up until this change & clearly they have profiteered out of peoples hardship.

These changes are definitely in the right direction but Natwest had the highest tariff for charges compared to other banks & until they show actual costs they are still profiteering out of hardship & i hope i'm not being offensive to anyone with my opinion.

Mad is believing the banks are doing some thing for us?:-|

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Hi Alan,

 

Ive already have a thread going for my closed accounts. Im in the process of getting it all back, and to be honest, Ive gone to another bank now and what a difference... Im hoping to be on top of everything soon, but it would be nice to see the nat west suffer, but then again they have so many customers that this might cause havoc to Im not so sure.

 

To be honest Ive been stuggling over the last couple of years, and the amount of money they have taken would have made my life a lot easier.

 

Lynne

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I think many of you are missing the point, RBS Group has played a great poker man's hand which encompasses the whole of the bank charges perspectives.

1) The OFT wins the test case and other associated issues. The bank would payout less potentially if unpaid items are £5.00.

2) Financial Hardship cases: someone I know has had £400+ charges for the last month and under the new regime it would be less than £100.00 so it will potentially reduce Financial Hardship cases.

3) If the Banks' win, it is not the end of the game since the OFT can still look at the unfairness issue which was given by Crow, QC, in the HoL appeal. The issue of price rather than fairness could arise. So the lowering of the fees are in themselves a very shrewd move.

4) The PR generated from this. Do you think the headline rate of £5.00 is something others might think about switching to an RBS Group account ie NatWest, RBS Bank, Ulster Bank? Even the Barclays reserve at £22.00 for every 5 days would appear to be very expensive with return items being £8 a pop and no maximum per month on the latter fees.

 

HOWEVER, where there is a good hand is a weakness. In The Times this week, the president of the Federation of Small Businesses said: "This is a positive step towards helping small firms access affordable finance.”

 

Unfortunately, no one mentioned to him that for Small Businesses struggling in these times, they have not been included in this generosity so they will be £300.00 worse off under the same scenario of having a maximum of 10 items bounced than a personal customer(the maximum fees for unpaid items on the new charging structure is £50.00 or 10 items). That is £300.00 that potentially could see the different between staying afloat and going under.

That's very Helpful Banking for Businesses courtesy of RBS Group.

.

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

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But we've seen with credit card that OFT guidance on a figure does not stop people claiming.

 

I'm not sure about the PR point either, some people are very angry about a bank which has taxpayers as the majortiy shareholder paying to advertise these changes in national newspapers. They knew years ago the charges were open to challenge and this just makes them appear very slightly less stubborn in the face of overwhelming evidence.

 

I can see where you are coming from, and entirely understand what they are trying to do, but changing the amount of the charge does change one fundamental fact - they still haven't given any clue as to thier costs.

 

I don't think hardship is much of an issue as there have been very few people who have benefitted from this, this is why I am uncomfortable with the whole test case waiver situation.

 

Even if your points are entirely valid this still has to be viewed in a positive like, people are getting ripped off less than before. I know its not a huge victory but it is a victory nontheless.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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But we've seen with credit card that OFT guidance on a figure does not stop people claiming.

And because the terms itself have not changed then they do not have to go through the FSA to change them and if the terms itself are proven to be unfair ie OFT wins test case and secondary litigation then the amount they repay back is less potentially.

I'm not sure about the PR point either, some people are very angry about a bank which has taxpayers as the majortiy shareholder paying to advertise these changes in national newspapers. They knew years ago the charges were open to challenge and this just makes them appear very slightly less stubborn in the face of overwhelming evidence.

The PR point is not necessarily about NatWest customers but if someone in say 6 months is being charged through the nose by say LLoydsTSB then someone might say, why not switch to NatWest? The unpaid item is more likely to happen than the paid referral so charges would be lower.

I can see where you are coming from, and entirely understand what they are trying to do, but changing the amount of the charge does change one fundamental fact - they still haven't given any clue as to thier costs.

That is not entirely the case, there is evidence from a South African study that they have done. Furthermore, they will have given the costs to the OFT since they are investigating bank charges. It is irrelevent looking at price at the moment since we are looking at fairness and cost is a commercial secret for the time being.

I don't think hardship is much of an issue as there have been very few people who have benefitted from this, this is why I am uncomfortable with the whole test case waiver situation.

Indebt, being on CAG means you don't get a true picture of financial hardship since those in the know do not believe in it so do not really look at getting their knowledge of it up to speed. The basic hardship criteria many have used is £500.00 over 12 months. You have got to be in serious financial hardship to get more or less 100 items returned and even with 50 then you still might only have another £200.00 in maintenance charges which makes £450 or under that £500 mark. It is a true poker hand and one that I think is genius.

With regards to the waiver situation, why should it change since there was only 18 complaints in the last 12 months up to 31st July 2009(I asked the FSA for that info). Not exactly an avalanche of breaches complained about.

Even if your points are entirely valid this still has to be viewed in a positive like, people are getting ripped off less than before. I know its not a huge victory but it is a victory nontheless.

This is the point I am making. It can be seen as a positive step for PERSONAL CUSTOMERS, but as Moneyboxlive referred to my email to them, Business customers are not affected by this which leads to the obvious question, how come for the same offence are business customers disadvantaged 7 times the amount that, had they been a personal customer, they wouldn't have done.

.

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

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I think I must have been in hibernation -- I'd missed completely the reduction in the charges - I wonder how long it will be before the other banks follow suit!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Basically an admission that their charges were unreasonable or unfair!

 

Couldn't agree more, however credit where credit is due (pun intentional - sorry), this is a move in the right direction for the consumer and Natwest should be congratulated for doing this.

 

I've an outstanding unfair claim charge with them, which grows every month, however I'm completely happy with the new charging scheme, and have no intention of contesting those fees (even if it were possible, which I imagine it won't be).

 

I wonder how many banks will now follow suit, as Natwest suddenly becomes an attractive bank for many CAGers, the kind of customers that the banks like.

 

Roll on this test case that keeps getting put off.

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"With regards to the waiver situation, why should it change since there was only 18 complaints in the last 12 months up to 31st July 2009(I asked the FSA for that info). Not exactly an avalanche of breaches complained about."

 

The waiver is not easy to understand therefore it is not a surprise that there are few complaints. How can you complain about something when there are no firm rules about it? Anyone with a low level of english would take one look at it and give up, which I believe is what it was designed to do.

 

I would say cost has a very close relationship to fairness, the whole unfair/unlawful argument starts from the premise that charging (much much more than) thier costs is unfair. In this I agree it would be much more difficult to argue that £5 is excessive BUT if someone, ANYONE, had done this at the outset we wouldn't have seen such a huge backlash.

 

I am sick and tired of the banks spouting non-sense... For example on credit cards they say here's you full refund although we disagree with the OFT's interpretation of the law. Similar to bank charges they are trying to avoid doing this because they believe there is a good chance they will lose.

 

What relevance does a south african study have? We already know from Ireland that, at £5, they may still be making a profit, and what about the other charges that are still higher? If the paid item fee is more than the unpaid item fee that's an incentive for them to 'decide' to pay the item wouldn't you say?

 

I've had bank charges before but I'm not about the rush out and open an account with Natwest because they are the first to change, I hope and believe others will make further changes.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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