Jump to content


  • Tweets

  • Posts

    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
  • Our picks

Please note that this topic has not had any new posts for the last 3612 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A little of what i had done previous to the court case.

I asked for all my bank details for last 6 years under the data protection act,althugh these took over 100 days to arrive, before they arrived i wrote a letter to clydesdale bank from a template on here asking for all my charges to be refunded,By this time the court case was about to happen and in the last letter back from clydesdale bank it told me all claims were put on hold until after the case,well we know how long that went on,after the case i heard nothing back from them, It works out with interest i am due back over £4000 if successful, what step d i take now and can i still do this? I have just had £105 of charges on my accounts this week and no doubt will have more because of this it is getting hard to clear things when these charges keep pulling me back,hpefully someone can help.

Best regards john:(

Link to post
Share on other sites

Hi John

 

Sorry your thread was overlooked.

 

The situation at the moment is that after 2 appeals, the banks managed to win the case against the OFT, but the supreme court judge suggested that there may still be scope for claims. The OFT decided not to pursue this and have given up.

 

To date, no-one has won a bank charges claim since the test case, but there are cases going through the courts, including some high profile ones involving Govan Law Centre, one of which is against Clydesdale.

 

My advice would be to hang fire claiming for now, but watch out for future developments.

 

If I were you I'd ditch YB and open a new basic account with another bank, or a building society (not Nationwide) and get everything transferred to that account.

 

Of course you'd still have an OD and would need to decide how you will sort that account out in future, but at least you can tell them that you dispute the amount that you owe due to charges etc, which in theory means that they should take no action against you.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

Link to post
Share on other sites
  • 4 months later...

Can I just pick up on that last point, please? I have a situation whereby my overdraft with YB at the point in time they closed the account was in excess of £3,000, but the vast majority of this comprised charges over the previous 6-year term. I tried to claim this value back vii the courts and settle the difference, but after the hearing this now looks a non-option.

 

Meanwhile, the YB and it's solicitors are chasing me hard for the entire £3k+ sum. Can I tell them that a good proportion is still contested and discuss the differential with them; if so, on what basis? Thanks in advance of any wise words

Link to post
Share on other sites
  • 2 weeks later...
  • 4 weeks later...

Hi sinner.

 

As things stand at the moment, the chances of getting the charges back are, at best, remote.

 

I think it is certainly worth looking at negotiating some kind of full and final settlement with them. Is it YB's in-house sols chasing you and is it all in writing?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Hi

 

I am going to court against the Clydesdale Bank later this month for bank charges which were added after I had notified the CB that I was not working and also provided them with confirmation from the CAB debt center that I was not working. However, they ignored my letter and kept adding charges.

 

I am now also claiming charges back on the basis of them being unfair under the terms in consumer contracts regulations 1999 Reg 5 not 6. Like yourself I owed only 7 but now have a "debt" of over 1500. Can let you know how I get on at court and also what defense they offer if that would help you in any way to create your case,

Link to post
Share on other sites
Hi

 

I am going to court against the Clydesdale Bank later this month for bank charges which were added after I had notified the CB that I was not working and also provided them with confirmation from the CAB debt center that I was not working. However, they ignored my letter and kept adding charges.

 

I am now also claiming charges back on the basis of them being unfair under the terms in consumer contracts regulations 1999 Reg 5 not 6. Like yourself I owed only 7 but now have a "debt" of over 1500. Can let you know how I get on at court and also what defense they offer if that would help you in any way to create your case,

 

That's very interesting. Look forward to hearing what happens.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Hi

 

I have now been to court. The Clydesdale bank sent a barrister who served me with papers asking for a stike out 15 mins before the trial. When I complained to the barrister about the late delivery of papers I was told that they had emailed me a copy of the paper (only my bank has never had my email address so this was not possible).

 

I am going to scan in the documents and upload the barrister's defence so that anyone going to court knows in advance the cases that the barristers will use to stop the case from going ahead - it is pages long.

 

As I pointed out to the Judge I needed more time to check the cases used by the barrister as I have no legal background so need the internet. This was not possible and the case was dismissed. The barrister's objection to the courtcase proceeding arrived at my house four days after the case and was post dated after the case - they will play nasty.

 

Afterwards the Judge recomended that I complain to the Office of the Banking Ombudsman as many of my charges contravene the banking code and the Office of the Banking Ombudsman can offer compensation. I am in the process of pursuing this avenue but today received a letter from the CB demanding that all charges are paid immediately.

Link to post
Share on other sites

It would be very helpful if you could scan all the documents so we can try and work out the reason for the judges decision. I'm surprised the judge didn't allow an adjournment.

 

Do you know the name of the barrister?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Alternatively, convert them into a pdf format and upload that :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...