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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Bookworm v NWB - I'VE WON AND IT'S OFFICIAL!!!


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And, true to his word, the rest of the statements came this morning, 40 days on the dot. (and thanks to my little crack of the whip couple of days ago, methinks)

 

Highligted away... They owe me £ 384.50 in charges. It would have been more (double, in fact), but I had wrangled that much in refunds in previous fights with them.

 

Well, they've already had their LBA, so Moneyclaim, here we come!

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Go for it. Are you going to serve in person? That is very satisfying.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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serve in person? :o that would be my favourite thing ever. i think i'd have my mate film it!!! :D then i'll post it on here with a musical score and a laugh track :D

Fairly, reasonably and transparently kicking natwest in the man parts.

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can i get a "hell yeah!" ?

local news, national news, red tops, i'm gonna give rupert murdoch a shout too.. it'll still only be me and my mate tho.. but who knows? lol.

Fairly, reasonably and transparently kicking natwest in the man parts.

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Ok, I'm confused. Damn maths again.

 

Moneyclaim.

Back to the daily charge: Is it calculated on the first sum claimed - charges only, or on the charges + added interest?

 

For example, NWB owes me £315.50 in charges. But the 8% bumps the total up to £446.07 total. If the former, the daily charge is 7 p a day, the latter is 10 p a day.

 

Not that it's a lot, but I want to make sure I get it right.

 

And I'm sorry if it's been explained before, when it comes to these things, my brain hits a blind corner :-(

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Are you using the library spreadsheet?

 

The way I did this was to note the total in the interest column and then charge the date on the computer by one day (don't forget to switch it back afterwards). Note the total in the interest column and deduct it from the previous total. The difference is your daily rate.

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Yes, that's what I did. But what I was asking is whether the daily rate is based on the original charges or the total, (charges + interest). The way you've done it, it is on the original charges only, is that right?

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The way I did this was to note the total in the interest column and then charge the date on the computer by one day (don't forget to switch it back afterwards). Note the total in the interest column and deduct it from the previous total. The difference is your daily rate.

 

I used a slightly different way.....:)

I added 2 columns to the spreadsheet - "Claim Date" and "Daily Interest at 8% APR".

 

In the "Claim Date" column, I put the date I intend to issue my claim - then, in the "Days Since Charge" column, modify the formula to be the "Claim Date" value minus the "Date Charged" value. Copy'n'paste all the way down the list of charges.

 

In the "Daily Interest" column, the formula is just the previous "Interest at 8% APR" column divided by the "Days Since Charge" column. Copy'n'paste all the way down the list of charges. Added a box at the bottom to add up the amounts of daily interest to give the daily rate.

 

This way it doesn't matter when your actual claim date is, you just change it in the "Claim Date" column and copy'n'paste all the way down again.

 

BTW I have a modified version of the spreadsheet available, if someone wants it for the library?

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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  • 2 weeks later...

Good luck with this one - better clear some space in the fridge for all the champagne!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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  • 3 weeks later...

Hello, people!:D

 

My postman has just brought me a letter. And attached to the letter, is a cheque for total payment. EMOTICHEERLEADER.gif

 

HOWEVER, before I break open the champagne, there's just a teeny-weeny flaw... They want confidentiality. I ask you, they want me to keep my mouth shut. Like I could even if I wanted to! :rolleyes:

 

So, I shall be writing back to say that I will NOT accept any kind of conditions attached to them paying me back MY money, and if they want to proceed to defend the claim, as they intimate they will if I don't agree to confidentiality, let it be so. :p The cheek of those people, grrr.

 

Reason given for settling is "not commercially viable to defend", btw.

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Hmmm - what to do? Take the money and be quiet, or carry on telling it like it is. I think I'd...tell them where to get off if it was me :eek:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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well done bookworm!!

 

and congratulations!! :D

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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They have already sent you the cheque. So deposit the cheque and ignore the confidentiality clause as you haven't signed anything!!!!

Well done btw.

 

Unfortunately not. They have written: "By accepting this payment, you are agreeing not to court publicity, or disclose or refer to any 3rd party, the background to this matter, and also to keep the terms of this settlement strictly private and confidential". And then again further down, an other sentence reitarating this...

 

So it's implicit that if I cash the cheque, I've agreed to their terms. So no go, even though I'm pretty desperate for the money. It's my money, I will NOT let them dictate the terms.

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You are right that you can't accept the cheque on those terms and not be bound by them.

 

Why do you want to reply?

 

You've issued the claim. They haven't satsified the claim so let the time run and apply for a judgment if they don't defend. If they do then see what they have to say.

 

I don't think that you should reply at all. I think that you should do nothing and let it dawn on them that you are not playing. Let them blink first.

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hello fellow fighter.i am currently ready to issue procceedings to nat west and although my current account got into a hell of a mess as a result of these unlawful charges i am sad to say so did my mortgage. although i paid off my mortgate 3 years ago can i find out if any charges were applied and if so am i able to claim them back .would be grateful if you could lend me some advise.kind regards,kenny ward.(fellow bank chargefighter)

Hi

Want to send a letter for my wife...what is the best address for stage 1??

 

also

 

I used to work for Natwest(I know,I know) but in mortgages, but knew and still know a lot of the premium and bank managers.Believe it or not the are in the main nice people who are being constantly hit over the head by Natwest to achieve unreasonale targets.They are told not to refund charges and in fact are pushed to charge more for(business)overdarft renews and biz loans.Most of these people are there becuae they have been tied in just like customers are with charges.

 

I personaaly found Natwest ok to work for before RBS took over.They are not run by senior manager without the first idea or care about customer service...it is all sales,sales,sales!!!

 

rant over.

 

PM me if you need any natwest inside info and I will try and help. :D

let the games begin.

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Guest Lueeze

Bookworm YOU ARE BRAVE!:eek:

 

I dont know...maybe i would have crumbled

 

I totally agree you cant accept the cheque on their terms to keep one's gob shut!

 

They will have to cough up some more dosh or back off me thinks!

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