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    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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Hi all- I followed all the procedures and sent my LBA. I`m due to file my court claim on 14 September.

This morning I recieved a letter from Sarah Watson, it didn`t say the usual no, but said that my case is now being referred to the member services department for them to review under the complaints procedure. There was no mention of my LBA which I know they recieved. Is this normal or does anyone think they might offer a refund at this stage (before court action)?

Any views welcome.

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Hiya, not sure if they are useless at admin or useless at the detail, as they referred to my INITIAL letter dated 19th July, not my LBA dated 19th August! Therefore I assume that this letter (dated 7th Sept!!) was intended to reach me before I sent my LBA and subsequent claim 14 days thereafter. They really are quite c**p!

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They are really c**p at Nationwide. I filed court papers on 18 August and they had until 7th Sept to file their reply. They either ignored it or missed the date, either way I win by default. Seems like one dept. don't know what the other is doing, they are really over whelmed by all the claims!

Claim from NATIONWIDE

Data Protection Act request for info - 17/6/06

Request for repayment of charges £2485 - 24/7/06

Letter Before Action - 2/8/06

Papers filed at court - 18/8/06

Judgement won 8/9/06

Refund given 30/9/06

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thanks to all of you helping me out here! Like Lisa Daddy they didnt refer to my LBA but to the origional 11 Aug letter . I think youre right Geordieboy - they must be overwhelmed! I`m from Northern Ireland and there was a feature on our local news through the week from the consumer council telling everyone here to go for it and dont wait for the banks to change the rules. I`ve now contacted them and Im delighted to say they have a press department-thats what I was hoping for - so if it goes to court (or if it doesnt) I`d love to give a wee interview and make public how they took money off me from child benefit , wftc and created mortgage arrears!!!Their charges were to the value of my mortgage every month for months for a long time, when things were tough for us.It really does look like payback time!

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Hi - got a letter this morning (on the 14th day after LBA) from Karon Winkler, with the usual `it may be an appropriate time for you to consider changing your account to another provider` bladeblagh. I`m going to file my claim on Monday when I have the court fees. I know its giving them more than 14 days , but its ok isnt it to wait till after the weekend? I read somewhere that it allows time for postage anyway! Let me know if I`m ok leaving it till Monday cos otherwise I`ll beg steal or borrow the money and do it tommorrow!

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I didn't even get a reply to my preliminary approach so suspect they may be drowing in paper work now - the postoffice website said that it'd been signed for!

 

Sent my LBA, waiting to see if I get a reply to that one instead! ;)

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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ok... tap tap tap... - decided to get it done cos I cant wait! Downloaded and printed off the court form, filled it in with the help of all these threads an lovely people. Printed off another 3 schedule of charges with the 8% interest added.

Had to split claim to under the £2k mark in northern Ireland.

This is what I end up with;

 

claim 9/11/00 to 17/5/06 £1.951.50

interest at 8% 321.95

court fee 62.00

total 2335.45

 

If this works I`ll do my 2nd claim form may 06 forward. That already adds up to £430.00

Any advice welcome...

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Yup, seems good to me. Good Luck. You can start another claim after they settle.

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.

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I am so excited. Went into town and experienced my first ever visit to a courthouse. Even if it was only to file a small claim! The staff at laganside Courts are lovely and explained the procedure of small claims for any questions I had. Here we go...PS does anyone know how to get rid of the thumb sign that I have no matter wher I post on the web?Bit premature isnt it?lol

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you should have your money back within 2 to3 weeks :)

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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  • 4 weeks later...

BUMP Hiya well I lodged a claim at Belfast Laganside courthouse. Forms sent back to me to sign because being served in Swindon. Posted all that back recorded delivery again 28 sept - not recieved till 5 oct. (Query with Royal Mail but thats another story) Why have I not heared a dickie bird???Its now 14 Oct. Any opinions please post! Hope I`ve done this right...

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Hiya, another newbie here. I have started the process of trying to get back my charges from Nationwide. I have had 3 replies to the first 2 letters and countless emails, visits to branch etc. First one is the :- we are transparent about our charges blah blah, terms and conditions blah blah. Second one is :- your enquiry has been passed onto Branch Service Centre. Third one is from Member service. Stating once again that they are open and transparent about charges. Sorry that this has caused me concern but they cannot refund any charges. My claim was initially for £892 but with further charges it is now £1020.

 

I really don't know what to do now. It seems they are quite adamant that they are not going to refund any charges. I don't want to let it go but I am worried about what will happen next.

 

Any help or advice would be much appreciated :)

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Don't lose heart.

I've read enough of these to see that sometimes they will just plain lie to you until the actual court date arrives on their desk. Maybe you should try exploring the legal side of things more and have concrete facts in your next letter.

 

For example:

On a separate note, your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

‘Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation’.

 

 

OR

 

 

I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

 

If you attack them with statements to which there is no arguing its bound to have an impact. Equally though expect them to try and bluff you all the way to court room. Think of how many people give up after they get a letter back telling them they're wrong. The banks know this, and is just another example of how those that run the banks are dishonest cheats.

It'd also be good to look into what the banks reply to all of this is. The most interesting I have found is the statement given by UK banks when asked to give evidence to the House of Commons Treasury Committee on how banks calculate bank charges. This was on the 25th of January 2005, and it shows the banks actually admitting that the charges applied to your account are not a reasonable pre-estimate of the bank’s loss in relation to your account - they are part of a scheme to recover global losses.

 

Anyway, I hope some of that can help, and don't give up!

Maverick

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BUMP Hiya well I lodged a claim at Belfast Laganside courthouse. Forms sent back to me to sign because being served in Swindon. Posted all that back recorded delivery again 28 sept - not recieved till 5 oct. (Query with Royal Mail but thats another story) Why have I not heared a dickie bird???Its now 14 Oct. Any opinions please post! Hope I`ve done this right...
Now 17 oct!
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It took mine 15 days from time claim was deemed filled.

there were no leters from them or the court. I take it you got

your copies of the claim back. Just keep checking the account.

Should have your money on about 20th -25th or there abouts.

Also check with the CPC as to when it was served.

Phone No. 028 90724566

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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Thanks Guinness - wondered why no-ne had written to me! If I have no claim number , just a receipt, wondered will the court still be able to give me the info?Just getting a bit impatient:confused: ,hopefully in time for the halloween holidays then!

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Your best bet is to ring the CPC (Civil Process Centre).

Just give them your name and address etc. and they

should be able to help.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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