Jump to content


  • Tweets

  • Posts

    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs born by you. - May of this year, I get a letter from CLI (Credit Limits International) saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment. Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
  • 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

Sheriff puts Bank of Scotland to proof on bank charges


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4109 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

Yup - we had a 1p od that morphed into £900+ before they admitted the error of their ways and corrected. Well - they didn't, of course, admit anything but having gone head to head with their collections and them having been told in a variety of ways to 'do their worst' someone actually had a look. Took about 6 or 7 months.

Link to post
Share on other sites

  • Replies 1.5k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Apparently whichever Lender referred the overdraft information to Experian does not agree with BOS that banking contracts do not fall within the regulation of cca 1974

 

Post 151 Page 8

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/237096-overdrafts-covered-ccas.html

 

wouldn't it be ironic if it was RBS!!!!!!!!!!

 

m2ae

Edited by means2anend
Link to post
Share on other sites

m2ae, in long threads, if you just want to lift one post, if you click on the post no, it opens in a separate window, and you can then copy/paste that URL instead.

 

Like so:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-3004364.html

 

HTH

 

Or to take you that spot in the thread....

 

Just click on the Permalink hyperlink next to the post number and copy/paste the URL in your address line, it changes to the post number when you click on the hyperlink.

 

S.

Link to post
Share on other sites

Hi,

 

I would like to start a new thread on how many claimants have had their bank charges claim struck out and why. Can some one please show me how to do this please?

 

TheyrCriminals

 

At the top of this page click on "OFT Test Case Updates and Discussion" then on that page top left under all the adds etc but before the list of topics you will see a "new thread " button. Click that then create your thread.

 

M1

Link to post
Share on other sites

Hi Theyrciminals :)

 

If you go into the main HSBC forum page , top or bottom left of the grids you'll find a 'NEW THREAD' button . Just click on that and off you go - give it a name that suits you purpose ....

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Sorry ,I was assuming that you were on HSBC .....but any main bank forum page will do ......

:)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

If asked under the freedom of Information Act I imagine they'd have to disclose this, breeze .......

 

But they've already admitted to the Supreme Court that their charges are designed to make about a third of their profits and give free banking to those who are rich enough not to need it ........ :rolleyes:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

If asked under the freedom of Information Act I imagine they'd have to disclose this, breeze .......

 

But they've already admitted to the Supreme Court that their charges are designed to make about a third of their profits and give free banking to those who are rich enough not to need it ........ :rolleyes:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

OOPS double post .! :oops:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

If asked under the freedom of Information Act I imagine they'd have to disclose this, breeze .......

 

But they've already admitted to the Supreme Court that their charges are designed to make about a third of their profits and give free banking to those who are rich enough not to need it ........ :rolleyes:

 

If memory serves FOI only applies to public bodies not private forms.

 

Of course lloyds muddies the water somwhat

 

S.

Edited by the_shadow
Damn mobile browsing and typing :-(
Link to post
Share on other sites

BREEZE........no the Scottish courts have placed the evidential burden of proof on the Banks as to why they think their charges should be looked on as fair.

 

BAsically its up to the Bank to prove their charges are fair....end of!

 

If they were, it would take no more than a week or two to produce that evidence from ANY organisation if they were!

 

Why has it taken 4 months and technical legal wrangles just to try and move the case to a higher track?

 

The Banks are on the ropes and are hoping to abuse their dominant position once again to win against the intersts of fairness and justice. THey are hoping that they can force the LIP to drop the case due to lack of funds.

 

A thought strikes me as to the fact that if the Bank charges regieme is fair, then not only prove it (Banks) but lets get a test case in the Court to settle it!!!!!!

 

If the public can see through this and which also goes against the Human Rights legislation and the Overiding Objective then surely the Judges will to?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

Just look at the Supreme Court judgement, they have just encouraged the banks with their judgement - 'it's their core business', previously they didn't make any profit from it, the charges merely covered their costs. They will just carry on ripping

off people who can't afford to be ripped off.

The only place to get justice is Europe, and the contridiction above stacks up well.

 

 

'If the public can see through this and which also goes against the Human Rights legislation and the Overiding Objective then surely the Judges will to?'

Link to post
Share on other sites

If the public can see through this and which also goes against the Human Rights legislation and the Overiding Objective then surely the Judges will to?

 

 

I gave up on the idea of "blind justice" long ago as soon as I realised that it appears the way to win in court is to have loads of dosh or well backed. Most I could wish for is a sympathetic judge tbh.

 

S.

Link to post
Share on other sites

I gave up on the idea of "blind justice" long ago as soon as I realised that it appears the way to win in court is to have loads of dosh or well backed. Most I could wish for is a sympathetic judge tbh.

 

S.

 

Are they not a dying breed Shadow :rolleyes:

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

Link to post
Share on other sites

In all fairness to the Judges, they can only act on the information and the way the case is presented with the guidance within the Law to make an informed Judgement.

 

Remember they have to give a reasoned argument (Solomons Judgemet) as to why they have given the judgement and if any fact pertinent to your case has been omitted then don't cry foul.

 

It really is up to the Claimant (in our cases) to keep on top of the Judge if they make mistakes or have failed to take into account any fact etc etc to ensure that we brow beat them into submission. ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

Remember the Law and the Judges will work for us if we use the Law and facts to our advantage and prevent the Banks from twisting it, in other words ensure your case is not taken out of your control!!

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...