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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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Fast cheque clearing, ouch!


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I was under the impression that Natwest had reduced their charges, but I've had two letters today telling me I'm going to be charged £30 one or more Paid Referral Fees, plus £35 for a Guaranteed Card Payment Fee.

 

All this has come about because I wrote a cheque for £71 in the evening of 5th October (emergency vet's bill). I knew I didn't have sufficient within my overdraft limit to cover it there and then, but knew money was going into my account by the 7th.

The last time I wrote or received a cheque they took several days to clear, but the £71 was deducted on 6th October.

 

These charges mean I'm about to be charged at least £65 for going over the limit by £71 and I certainly don't intend to let them get away with that, so can anyone suggest the best strategy please?

I'd rather stop it being taken than have to reclaim it as that much money would leave a big hole in my finances.

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How can you pay £35 for a Guaranteed Card Payment Fee when you paid by cheque? I thought minimum clearance for a cheque was 3 days? Cheque would not have been paid in until 6th so earliest date for clearance I would have thought is 8th/9th.

 

May be wrong but I would definately want an explanation. I have banked with Natwest for years and have never known a cheque clear that quickly.

 

Regards

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Sounds like the payee of the cheque might be a NatWest customer too at the same branch as you - this would get the cheque through in 24 hours. Otherwise if they had deposited it on the 6th it would have been debited from your account on the 8th October.

 

You might get somewhere calling the bank and explaining.

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How can you pay £35 for a Guaranteed Card Payment Fee when you paid by cheque? I thought minimum clearance for a cheque was 3 days? Cheque would not have been paid in until 6th so earliest date for clearance I would have thought is 8th/9th.

 

May be wrong but I would definately want an explanation. I have banked with Natwest for years and have never known a cheque clear that quickly.

 

Regards

I agree LilyLou.

I'd never heard of a Guaranteed Card Payment Fee, but I assumed it referred to the fact that I'd used my debit as a cheque guarantee card.

 

I'll write to Customer Service and see how they respond.

Thanks for responding.:)

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Sounds like the payee of the cheque might be a NatWest customer too at the same branch as you - this would get the cheque through in 24 hours. Otherwise if they had deposited it on the 6th it would have been debited from your account on the 8th October.

 

You might get somewhere calling the bank and explaining.

 

Thanks spitfire. I think you're right and the Vet probably did use the same bank. When I've tried calling them previously, I've found them not very helpful, so I think I'll write to customer service, maybe that man who's name I've seen mentioned somewhere.

Does that mean it's allowed to clear instantly I wonder? Because if so everyone needs to beware of this happening.

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The £71.00 worth of charges are likely to be from last month. so charging period of statement date september to October(it could have been august to september) means 21 days later charges go out. I am not sure that the cheque is related to the charge that went out.

.

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 you will find the "Guaranteed Card Payment Fee" is some kind of penalty because they had to honour the cheque as it was guaranteed by the card, but that seems like duplicating the other fee.

 

Either way they are taking the p**s over £71 and I would call inviting them to waive both as there was a genuine misunderstanding or get ready to say goodbye.

 

You might have more success locally than with a customer service representative from some far flung outpost of the form British Empire.

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I think you will find the "Guaranteed Card Payment Fee" is some kind of penalty because they had to honour the cheque as it was guaranteed by the card, but that seems like duplicating the other fee.

 

Either way they are taking the p**s over £71 and I would call inviting them to waive both as there was a genuine misunderstanding or get ready to say goodbye.

 

You might have more success locally than with a customer service representative from some far flung outpost of the form British Empire.

 

The guaranteed card payment may be related to the cheque but the charges would not come out until 21 days after the statement date. If the charges came out shortly after the cheque was returned then the charges are not related to the cheque. They are reclaimable but until the OP understands how the charges work now, we might not be any further forward apart from the fact that they can reclaim. If they guaranteed the cheque then they may find more charges next month.

.

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,

Nothing has been deducted from my account as yet. I've just received notification that I have incurred the charges. The notification came in two letters, one for the Guaranteed Card Payment Fee of £35 and the other for the Paid Referral Fee.

I know they must refer to the cheque because I haven't gone over my limit on any other occasion for at least 6 months.

 

I don't know if it's just me, but I get sooo confused trying to work out when charges and interest are debited:confused: and can't help wondering if they've made it complicated in the hope they can claw in more money. When it happened at the end of the month, I knew where I stood and always made sure there was a bit of money spare left in the account to cover interest.

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  • 3 weeks later...

I was notified that a total of £63 is to be deducted from my account on 13th November for the following reasons......

£35 is to be deducted because I spent £7 on my debit card. on my statement this appears before my account went over my £350 overdraft limit, but it was the same day and a £28 maintenance charge.

The cheque I wrote to the Vet for £71 which cleared the next day is what sent my account over the authorised overdraft limit by £49.

I wrote to Customer service but they've sent back the standard reply saying their charges are fair and reasonable and they won't do anything about it.

My question is now whether it's better for me to cease using this account and not have my money paid into it and claim back the charges, which they will presumably levy next week.

As my overdraft will be pretty near it's limit, the charges may send it over again and presumably incur more charges, so would it be best to ensure I leave £63 within my overdraft limit if I possibly can?

I'm thinking I'll open a current account with another bank and gradually reduce my overdarft with Natwest, then close it.

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Hi

 

I made a payment by debit card of £2.00 over the internet (which was authorised and cleared and paid on a saturday) , the following monday they took out a charge of £30 which put me over the limit....then decided to charge me a card referral fee for the £2.00 the upshot of that is that I got charged £28 "maintenance fee" + £35 card referral fee that's £63 for a £2.00 payment that went through and was authorised. ??????

 

wrote a disgusted letter and got back the usual guff about fair and transparent.

 

swiftly followed by me telling them what I thought about their "thievery" and for them to make a note that I would be reclaiming all charges when the OFT case was finally decided.....(was going to do that in any case :) )

 

its maddening

 

on a further point a friend of mine has his business account with Nastywest and a business mortgage for his building........never gone over the overdraft limit ...never missed a mortgage payment......and they called both in with no notice :O :( :O

 

barstewards

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I decided to pay a visit to my local branch to see if I could persuade them to do something about the charges so I made a point of saying loud and clear so that everyone could hear me that I wanted to see someone about bank charges imposed on my account which I believed were unfair and excessive.I was quickly hustled into a little room, without sound proofing ;) and did manage to get the charges reduced somewhat and pointed out that I shall be reclaiming the rest in due course.

It turned out that the £28 charge has been reduced to £20 and the £35 is now £15, so that got the cost down by £28 for now.These are the new pricing structure which comes in this month anyway I think.

Dave if your charge was levied recently, it might be worth seeing if you can get it reduced to the new level at least for now.

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Dave if your charge was levied recently, it might be worth seeing if you can get it reduced to the new level at least for now.

 

 

no matter ......I'm going for them in a big way soon :) and RBS :)

 

Then its Barclays........

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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"Does that mean it's allowed to clear instantly I wonder? Because if so everyone needs to beware of this happening."

 

Cheques usually take some time to clear but I'm pretty sure the usually advice is NEVER to write a cheque unless the funds are there.

 

No its not you that gets confused about charges and interest going onto the account. Giving 28 days notice is better than applying the charges straight away...

 

But its always bugged me. Instead of saying, as it does on Nationwide statements, the charges/interest will come of 28 days from the date of this statement why don't they state the EXACT date.

 

One could make the argument it is delberately made confusing to cause more charges. But then we already knew that :p

 

I agree that, whatever the statues of the charges, it does not seem right to be charged once for the same issue (the cheque). Unfortunately this is one of the negative delopments in the charges issue, banks digging thier heels in and insisting nothing can be done until the resolution of the test case. Prior to this most banks would've waived the first charge (or charges) provided it was a genuine error.

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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Does that mean it's allowed to clear instantly I wonder? Because if so everyone needs to beware of this happening."

 

Cheques usually take some time to clear but I'm pretty sure the usually advice is NEVER to write a cheque unless the funds are there.

 

I raised this issue the other day in the bank and was told that cheques can clear immediately if the person you made the cheque out to, banks in the same branch as you do.

I certainly agree that they make it as confusing as they can. I'm trying to decide which bank to move to now, but they all seem as bad as one another.

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