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    • 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. 
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    • 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.  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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northern Bank charges reclaim **WON**


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What is the bank doin about ur overdraft if they are closing ur account? Have u to pay that money back??

 

 

They deducted the overdraft from the settlement figure and sent me the rest.The accounts are now closed,so I have nothing to fear from them-not that I was scared to start with!! :D

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the court received their defence before the deadline,but hadn't logged it on the site.

 

I have received their defence today-

 

1.the applicant is stopped from bringing this claim by reason of the following:

 

1.1the cause of the action disclosed in the small claim application form is the same course of action which was the subject of an application brought by the applicant against the respondent in the application no blah blah etc etc

 

1.2the prior application was settled between the parites by the respondent paying to the applicant the amount claimed in the prior application in full and final settlement of all the applicants claims relating to the cause of action.

 

IN THE ALTERNATIVE

 

2.the charges were levied in accordance with contract and are the charges previously advised to the applicant

 

3.the charges are not in breach of the consumer contracts regulations 1999

 

IN THE ALTERNATIVE

 

4.the bank disputes the amount of the claim

 

 

oh dear-is that really the best they can come up with?

 

point 1.2-I only claimed back until April 2004 because they refuse to send me my data before that date

 

point 2

-so what?

 

point 3

yes they are!!

 

point 4

if the bank disputes the amount of the claim,then prove to me that it IS the wrong amount by sending me my data-ALL of it!!

 

seems to be a bit of a mish-mash defence all told!!

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  • 2 weeks later...

At long,long last!!!

 

This morning,I got all my statements previous to 2004-only 6 months late,and interminable letters later!!

 

I have totalled my charges fom the statements,and happily I was very close with my estimate!!

 

The Northern want my amended claim figure,as I said I would provide them.Hopefully this will at last see the back of them.....

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Hi all

 

Im just starting this long road against the ulsterbank

they sent me three years of statements as my acc was joint

with my ex prior to that although she never used the acc.

i have calculated that they owe me 1186.06 in charges so

can you help me by answering if i can estimate previous years

charges and also what interest i can charge (if any):confused:

 

Many thanks in advance

 

Stuart

 

Stuart

first of all you'll need to start your own thread so that people can keep track of your case.

 

If your account was joint for the whole period you were with the bank,you are entitled to the data.However,be aware that your ex may well be entitled to a share of the spoils if you claim them back!!

 

If they don't give you the data and you are entitled to it,put in an estimated claim to flush them out,and you can only add the 8% interest at the court claim stage.And report them to the Information Commissioner's Office.

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  • 5 weeks later...

If you have followed my ongoing saga with the Northern Bank,you'll know why I had to claim twice.....

 

anyway,letter of settlement and bankers draft for £2255 received this morning for 2nd successful claim,avoiding a court hearing on DEC 6.No admission of liability,of course.... :rolleyes:

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  • 1 month later...
Good Luck to you too, the thing is Northern have to realise that we will not sit back and take their 'nonsense' any more, let us know how you are getting on, i only wish LTWFB was on line to advise me if i should include my whole balance of £3857.88 in the small claims court because either way i am still over the £2000.00 limit. nervous

 

You won't be able to go over the £2000 limit this time-but do like I did-claim twice!!Just split the charges into one claim of £2000,and then when they pay that out,claim for the rest.

 

If you find my thread detailing the whole saga,you'll see what I was up against.....I had nothing to lose and everything to gain,so I went for it.

 

Also,tell the Northern that you are personally aware of other claims which they have setlled in full,and that you will consider any delaying tactics and threats to defend as an abuse of the legal process by tying up the court's time unnecessarily,and that you will make written representation to the court concerning this.

 

Go get em!!

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the £2000 is just the basic claim for charges-then you add on the 8% and the fee,which they will then have to pay you when they settle.

 

Be careful only to claim for referral fees,charges fro DD's being returned and going over your O'D limit.You can't claim for quarterly account maintenance charges,setting up DD's etc and the like

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I can't find the template for the prior to court letter to the bank. what section is it in. i have searched the faq still to no avail.

nervous

 

Amend this to suit you-

[edit]

 

Please do not put letters from the library in the main forum, they are for access by registered members only - registration is free

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  • 3 months later...
Hi Lickthewallfatguy

Please Have A Look At My Thread As Its Too Drawn Out I Need Help And Bank Doesn't Care About Threat Of Information Commissioners Office

 

just do what i did-they mucked me about big style and I stuck in an estimated claim and forced their hand.

 

They are,by the way bound by law to divulge ALL your data whether they like it or not.

 

By all means go to the ICO- tough talk is cheap,and the Northern can bluster with the best of them....

 

if and when it gets to court,and they dispute your amount of claim,you just tell the court you had no choice because the Northern refused to abide by the law by giving you your data as rightfully and lawfully requested.Don't forget it took me months to get mine.Make it clear that you personally know of several people who got all their data as requested,and that you feel that you are (the magic words) BEING DISCRIMINATED AGAINST for whatever reason.The "D" word can work wonders,especially in Northern Ireland ;)

 

Should redden a few faces.....

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