Jump to content


  • Tweets

  • Posts

    • Last June, 3.4m members received a £100 payment from the building society. Now they will be wondering whether the offer will be replicated this year.View the full article
    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
  • Recommended Topics

  • 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 
        • 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
  • Recommended Topics

Jim Riddles Claim


jim40031
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6523 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

I have another thread in teh Nat West Action group if anyone is interested.

 

They have charged me £330 in Unpaid Direct debit fees since I opened my account just over 3 years ago.

 

I sent my "preliminary approach for repayment" letter on the 17th March.

 

Judith Harris (Case Manager) replied on teh 21st March apologing that I have had to contact them about charges on my account, and letting me know that she will let me have a response or update by no later than 18th April 2006.

 

Karl Voller (Customer Relations Manager) then replied on teh 24th March with what I am led to believe is teh standard letter disagreeing with my legal anaysis. As a gesture of goodwill he is wiling to refund a proportion of teh total amount of unpaid and paid referral fees (dont think that I have any Paid referral fees as teh account does not allow me to go overdrawn) which amounts to £160.

 

I have today (27th March) sent teh letter, previously used by user Enigma (Title "50% offer").

 

Will keep you posted on progress.

 

Keep your fingers crossed for me please.

Link to post
Share on other sites

Received letter Saturday from Karl Voller (Customer Relations Manager).

 

"Thank you for yor letter dated 27 March.

 

I am very sorry to learn that you feel my offer of refunding £160 worth of charges is unnaceptable. After due consideration I still believe that this offer is fair and reasonable and whilst I sympathise with the problems you have faced I can confirm that I am not willing to increase my offer.

 

I appreciate this is not the response you were hoping for, however I hope I have clarified our position."

 

Now I know from reading the forum that I now have to move forward and start getting nasty. However I have a quick question :-

 

My second letter to them recognising their offer and giving them another 14 days was actually dated and sent as soon as I had there first response of 160 quid, and not when my 1st 14 days had expired. Should I sent another duplicate letter now that the original 14 days has definatley expired ???

 

Also the 2nd 14 days which was given earlier than should have done has also not yet expired. Should I wait until the 2nd 14 days expire in case they had a change of heart or should I recognise their response as the time to move on to teh next step ??

I hope that I havnt screwed this up. Please assist if you can.

Link to post
Share on other sites

If you sent the original LBA, then it would have said "...if I don't hear from you in 14 days, OR I do not get a satisfactory answer within 14 days..."

 

They wrote to you within your timetable, and their response was unsatisfactory. You have gone ahead with your next letter as you stated (2nd letter before action...) - they will know that you are not such a walkover...good luck.

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.

Link to post
Share on other sites

"...if I don't hear from you in 14 days, OR I do not get a satisfactory answer within 14 days..."

Yes but my concern is that this statement can be read as "you can send as many unsatisfactory answers as you want but as long as I get what I want within the 14 days then I wont take it any further"

 

Do you see where I'm coming from ?

 

I'm just concerned that they could use this against me in court, i.e. I havent given them enough time and not shown willing to be reasonable.

 

Cheers Jim

Link to post
Share on other sites

14 days is more than adequate time for a bank with their vast resources. No judge would say this is not enough time.

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.

Link to post
Share on other sites

I do apologise for keep posting but I'm not sure whether I have made myself clear or not.

 

Basically my first letter gave them 14 days. They responded much quicker but without a good enough answer so I wrote back with teh second letter before the 14 days had expired.

 

They have now responded to my 2nd letter, again within my 14 days but, again without a decent enough response.

 

My simple question I suppose, is should I wait until my 2nd 14 days expire (just in case they changed their minds) or should I go straight onto teh next stage, simply becuase they have answered my letter.

 

So as to save all of your time, a simple "now" or "wait a bit more" response would suffice.

 

Thanks in advance.

Link to post
Share on other sites

You wrote them two letters, each giving 14 days for them to respond. This they did, and opting to refuse your claim for a full refund. You are now completely in your rights to proceed with the next step - ie. issue your claim through the court, and this is what I would personally do.

 

However, if you wish to wait until the 14 day deadline, that is completely up to you. If you do choose to wait, then I would suggest you become fully au fait with the next step - once you have isued your claim, they will probably say that they are going to defend. In all likelihood they will back out, but once the court claim has been raised, you MUST be prepared to answer your case to a judge. Good luck.

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.

Link to post
Share on other sites

Wait the 14 days. It looks more reaonable

Link to post
Share on other sites

Looking forward to taking my case to court (if neccessary). I will take great pleasure in taking the smile off of this banks face. I will wait the full 14 days though as it seems to be fair.

 

The longer this goes on though the more agitated I am getting and teh more people I am passing this news onto. Basically they could cut their loses by paying out and letting me forget about teh whole thing.

Link to post
Share on other sites

Basically they could cut their loses by paying out and letting me forget about teh whole thing.

I'm sure that this thought has occurred to them many times...but they are more likely to be thinking...'if we mess people around they may just give up and go away...' Most of us on these boards won't be doing that...so the bank better start thinking of a Plan B...

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.

Link to post
Share on other sites

Good Morning All,

 

Just quick question, There time is up, time to stop sending polite letters.

 

In the Moneyclaim guidance notes, teh 1st sentence that has been used in teh example is "You have a contract with the defendant bank dated XXXX ".

 

What does this date refer to....The bank account application date, teh account openeing date, todays date ????

 

Cheers for your time.

 

Jim

Link to post
Share on other sites

  • 2 weeks later...
  • 4 weeks later...

Sorry for not replying sooner. Its when the Bank has acknowledged the claim against them that was issued to them via teh court. Basically by acknowledging the claim, the bank gets another 14 days to file a defence before, you can request teh court to issue judgement by default against them.

Link to post
Share on other sites

Does this mean that you have received a defence?

 

If so we would be interested to see a copy. Any chance that you could scan it to

 

[email protected]

Link to post
Share on other sites

No I have not received one, my claim has just been updated to say that it is defended and teh following text is shown when I go into teh deatisl of my claim :-

 

"You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

P.S. when and if I do get my money back I will be donating 50% of the interest to this site. I see that teh site hasnt managed to get much financial backing from us users yet, even though we all know that we wouldnt have seen any of our money at all if it wasnt for the time and effort of teh people organising this great web site. I beg anyone reading this to consider doing something similiar.

Link to post
Share on other sites

I was thinking about the donations the other day and was goin to stick in half of my interest but I messed up the interest so will be donating £50 anyway as they have helped a lot.

 

I think if everyone donated even 2-5% of the money they get back that would be a hell of a lot!

Link to post
Share on other sites

Thanks for jumping on Barclays hater, heh thats not fair I want your name ;-)

 

I am hoping for something similiar. If so, then I already have my speech to the judge worked out. When and if it gets to this stage, win or lose, I will give the site a copy of my speech.

 

Moderators, please dont remove Barclays Haters post becuase of thread jumping, as this will be of great use to me.

 

Thanks in advance

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6523 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...