Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Calum v. BoS


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

Thread Locked

because no one has posted on it for the last 6420 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

Greetings all...just one more induhvidual trying to recaim £1818 of charges (and I thought it was just me that managed to rack up these totals)

 

First letter sent recorded delivery 21st Aug, confirmed received on 22nd, asked for response within seven days, now the 2nd of September and nowt received yet! Will give them till first post on Monday and then send a slightly stiffer second letter and start putting my small court claims together...

 

Cheers,

Calum

Link to post
Share on other sites

You really need to give them longer than 7days to respond. you don't have to but it shows good if it ever went to court that you have given the banks enough time to investigate and attempt to refund you the money. We all know you wont get the refund at this point but still give them enough time. I would send the 2nd letter (LBA) but give them 14days to respond.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

Link to post
Share on other sites

Well, from the 22nd to Monday the 4th is 13 days, you would think they were getting used to answering these letters by now ;)

 

I used GLC's letter, which says seven days, rather than CAG's fourteen. While I don't wish to appear ungracious in my dealings with BoS, I also don't want to let them drag their feet for as long as they can get away with.

 

How long have other BoS claimants had to wait after a first letter?

 

Cheers,

Calum

Link to post
Share on other sites

I got my first "f " off letter about 1 week after posting. I waited about 2 weeks after my 2nd letter (LBA) again I was told to " f " off and they did not want to

talk to me again. I popped down to Edinburgh Sheriff court and filed my claim, case will come to court 10:10:06. Bet you anything they will want to speak to me before then! I'm claiming £720 + 8% interest + £39 costs.

I'll keep you updated.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

By the way, I have been looking for but can't find a page of advice regarding account closures by the bank. My credit rating is such (partly, at least, due to the charges) that I will struggle to open a full current account elsewhere, so if I can be well armed when they threaten or actually try to close my account, that would be a great help. Does anyone have any pointers?

 

Cheers,

Calum

Link to post
Share on other sites

Hmm...has anyone else had zero response whatsoever from BoS? I've sent an request for payment, requesting a reply in seven days, and gave them two weeks then sent an LBA, requesting again a reply within seven days. Time's up today, and not a peep from them. It was all sent to the Mound.

 

I'm rather snowed under at the moment, so they won't get taken to court until Monday anyway, but the silence is rather unnerving.

 

Cheers,

Calum

Link to post
Share on other sites

Hmm...has anyone else had zero response whatsoever from BoS? I've sent an request for payment, requesting a reply in seven days, and gave them two weeks then sent an LBA, requesting again a reply within seven days. Time's up today, and not a peep from them. It was all sent to the Mound.

 

I'm rather snowed under at the moment, so they won't get taken to court until Monday anyway, but the silence is rather unnerving.

 

Cheers,

Calum

 

well hopefully they will continue with the zero response then you will win by default.:D :D

Link to post
Share on other sites

Oh, and while I remember: was speaking to a BoS frontline employee acquaintance of six or seven years standing a couple of days ago and asked her if she knew anything about refunding bank charges. She told me confidently I'd get them back if I complained really loudly. Then she asked how much...when I told her she fell off her chair and said 'eh, you'll not get all that back, I was thinking you meant a couple of direct debits or something'. And she was quite genuine - didn't know anything about it.

Link to post
Share on other sites

My wife started a claim against the BOS 4 weeks ago and today received a letter apologising for not sending a full response to the points she raised.

 

They state they are still investigating the complaint and she should receive a response asap but no later than 11 October.

 

Is it me or is this just an attempt to fob her off?

 

Davie

Link to post
Share on other sites

Re post#6, I know its a bit of a late response, but I have a little bit of research about account closures, its in my thread on pg 2 http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/21979-hello-new-member-seeking-2.html as I am also worried about this. Still in the process of trying to open a 'Step' account with Nat West.

 

Have you tried opening any other accounts or are you not going to bother for now?

 

L

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

Link to post
Share on other sites

No, I have no intentions of opening another account unless my hand is forced. If they close the current account, I do have a savings account that I have used in the past for a couple of standing orders and direct debits that will do to have my wages paid into. Many thanks for the link, Lucy - interesting reading.

 

Davie: it is a blatant fob off attempt. At one stage last year, when I was in serious difficulty, receiving repayment notices, etc, whenever I phoned up, I gave them my name and address and with no further ado they would happily tell me what was in each of my accounts, what was due and when, and how much I needed to give them *right now*. The information is all in front of them as soon as they care to punch in a few details; this hanging around is simply an attempt to cause as many customers as possible to lose interest, and I'll guarantee that it is working for them to some extent: for every person that posts on here, I'll bet there are more that have received one nasty sounding letter and given up.

 

Cheers,

Calum

Link to post
Share on other sites

Hopefully this will cheer you up - I just received £1000 back from them- had to file a summary cause and get sherrif officers to serve the papers on them. They had responded to both my lba's tho. (with paltry amounts) I sent all my letters through to customer relations in trinity rd, halifax.

 

Received a letter from them 2 days ago offering the full amount + court costs. They said in the letter that if i got any more charges they reserve the right to close my account.

I have opened accounts elsewhere because i think the staff in my local branch are horrible.

Link to post
Share on other sites

hi am fighting against B O S got a offer of £366 told them where to stuff it then sent them a letter after 14 days after i refused it then 3 weeks later got a another offer of £1093 i foned them to say thanks but no thanks and told them what i willing to accept they told me ok but they have 8 weeks to reply to it but hopfully it wont take that long the girl said the get hundreds of these claims every day GOOD LUCK TO ONE AND ALL

Link to post
Share on other sites

  • 2 weeks later...

Interesting - I've just got my first letter from BoS (actually, from Halifax, in Leeds) after a full month. No piddly offers for me, bang in there with a full and final offer of £1085, being six month charges (doesn't say which six months). They also threaten to close my account if I do not manage it correctly, and even include a form and a prepaid reply letter. How thoughtful.

 

I've been rather busy recently, so I haven't had time to submit a small claims form, but I will do as soon as. I've just found out that, despite having a sherriff court some hundred yards from my doorstep, the sherrif court's clerk is almost fifty miles away! Oh well.

 

Cheers,

Calum

Link to post
Share on other sites

Yeah, you really are getting the cold shoulder treatment, aren't you?

 

I think there must be a lot of thought going into this now - exactly how to manage the process to discourage as many people as possible and to limit what they pay when they are forced to. No doubt they've had a look at my account and reasoned that I wouldn't mind being handed a grand ASAP!

 

Cheers,

Calum

Link to post
Share on other sites

BOS seems to be operating a '6 months of highest charges' offer policy. I'm dealing with this for a friend and BOS will not budge at all on this. I think I've got a bit of arm twisting to do to get my friend to agree to the small claims route but I'll get there. Good luck Cal!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...