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    • However, if it can be improved - why not? I see you've been looking at other WSs.  You need a little introduction at the start about being a Litigant-in-Person. In Insufficient Signage/Exhibit 1 is it necessary to show the close-up of their signs?  That's almost showing the signage as better than it is.  I would leave out your 2nd, 4th and 5th photos. In Penalty flesh it out a bit.  Add that the Claimant will witter on about the Beavis judgment but that your case is distinguished, Beavis dealt with a car park during opening hours when there was an interest in limiting the time cars could stay. Again in Prohibition flesh it out.  Add some persuasive cases.  There are loads in WSs. In Abuse of Process/Double Recovery para 14 they have inflated their claim from £100 to £170.  The other costs are allowed. The rest is superb - well done.
    • Please can anyone point to some good advice on what to do about the following call centre issue: a) You call X company about a problem b) You can't resolve it with the call agent (due to their fault/limitation/poor communication) c) So you ask to escalate to a manager d) They tell you there are none available right now, but they'll get one to call you back within X time (eg 24/48 hours) e) You wait the full time allotted, but no call comes f) You call again, and start at A, only to repeat the steps with no hope of escalation or resolution. I know that I can write to them, but is there a more immediate way to get the attention of a manager or member of senior staff when trying to resolve a non-straightforward issue, with more immediacy, as well as actually speaking to a genuine manager? I invite advice, links & discussion - I bet many of us have experienced this or similar, so a solution here could be helpful to many I'm sure! Thanks in advance to all who engage with this!
    • Thanks for all the replies - all very helpful. Sorry for the delay in responding - I forgot my password and managed to get myself locked out, which meant I could read but couldn't reply. Dx100uk  Thanks for that very clear (and patient) explanation - I completely get that now. Ok so I'll drop that unless we get to court. Lookinforinfo Good spot on Section 9 [2] [e] (i) - I think you're right they don't actually ask me to pay do they, they only say they have the right to recover the charge from me after 28 days. Your 2nd point might be less convincing, given the length of time the vehicle was there. Sadly I don't know how long parking is permitted for free. Perhaps someone on here can help with that. For context so you have the full picture, the driver entered M1 Tibshelf services not expecting to park at all (and therefore didn't bother to look for parking signs), they were feeling a little funny and thought a coffee might help. They drove into the petrol station area and pulled up in a parking bay at one side of the pumps and went in to get a take out coffee. On returning to the vehicle they were suddenly overcome with a violent attack of dizziness and nausea and couldn't stay upright. After lying flat and unable to move (and feeling extremely cold) for what was apparently some 4 hours they recovered enough to be able to drive on. The coffee was now stone cold of course which was a very annoying waste of 3.50! On recovering, the driver looked round without getting out of the van but couldn't see any signs at all near those few bays so mistakenly assumed the petrol station bays didn't have parking charges. One more question - on other threads people have suggested contacting the land owner to ask them to drop the charge. How would I find out who the landowner is, or perhaps should I write to the manager of the petrol station?
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Just spoke to a banker


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Just had our business bank manager (barclays) here for a meeting, coming up to year end they do a review every 12 months.

 

I dont mind the guy to be honest, he's good humoured and we do get away with quite a bit on the account. Meeting mainly consisted of this is going up, thats going up blah blah blah.

 

Anyway towards the end I got on about charges, I said right our turn now, I want all these charges refunding. He said "bloody hell not you an all"

 

He agreed to refund them no problem, I asked him what he made of the recent publicity.

 

He said, well we've been told from above that the charges are perfectly legal, I said well why will they (the banks) not go to court with it.

 

He said, well it would cost us thousands in solicitors and pissing about so they've just decided that we cant be arsed fighting them. I said oh really, he just smiled and said draw your own conclusions.

 

He also said, to be honest we'd rather not have the income from charges and people run the accounts properly, I said it must come in handy though that 4 billion. He just laughed again and said see you next year.

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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He sounds like a good guy - would he be prepared to stand up in court with those views, and present some of the corroborating facts and evidence?

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.

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I would love to know where these Billions go to??

 

Its a question that has puzzled me for the last wee while, its certainly not on wages for staff as I saw an advert in the local paper for the Halifax and the salary bracket was between £10,000 - £13,000

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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He sounds like a good guy - would he be prepared to stand up in court with those views, and present some of the corroborating facts and evidence?

 

Spiceskull - Would you??!! The guy might not agree with what the banks are doing but he probably still needs a job.......

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

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Of course he does - but he sounds like a decent person, and some people (even bank staff) have a higher moral stand...someone, somewhere WILL be prepared to do this...we just have to look hard enough to find that person...

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.

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I would love to know where these Billions go to??

 

Its a question that has puzzled me for the last wee while, its certainly not on wages for staff as I saw an advert in the local paper for the Halifax and the salary bracket was between £10,000 - £13,000

 

Bonuses and shareholders.

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.

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He said, well we've been told from above that the charges are perfectly legal, I said well why will they (the banks) not go to court with it.

 

He said, well it would cost us thousands in solicitors and pissing about so they've just decided that we cant be arsed fighting them.

 

 

This is very true for smaller amounts. The big danger for the banks of course is that if they lost, it might set a precident. However, for amounts of, say, under £1000 it would cost thenm a fortune in legal fees and it is cheaper to simply settle up. Good business, if you like, as they would be unlikely to recover more than a couple of hundred quid's worth of costs in the small claims court.

 

Add to that the loss of business from the consequetial bad publicity....

 

 

I know from experience that small debts of say £500 or less rarely end up with a CCJ, because it simply costs the creditors more than it is worth to pursue it. I think the same applies in the case of banks refunding us, seemingly (from what I have read on this site), without putting up too much of a fight.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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This is very true for smaller amounts. The big danger for the banks of course is that if they lost, it might set a precident. However, for amounts of, say, under £1000 it would cost thenm a fortune in legal fees and it is cheaper to simply settle up. Good business, if you like, as they would be unlikely to recover more than a couple of hundred quid's worth of costs in the small claims court.

 

Add to that the loss of business from the consequetial bad publicity....

 

 

I know from experience that small debts of say £500 or less rarely end up with a CCJ, because it simply costs the creditors more than it is worth to pursue it. I think the same applies in the case of banks refunding us, seemingly (from what I have read on this site), without putting up too much of a fight.

 

I thought that the case would have to be held in the High Court or something before a precident, banks have taken it as far as court already and lost...

 

As for CCJ's I know many people (including myself) that have had got CCJ's for less than £500 so I'm not sure where you're coming from with that one!

Ex CAG helper ^_^

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I don't mean a legal precident as such, but a precident in the way that if they lost a few cases in the small claims court and this was highly publiceised (as it would be), it might open the floodgates.

 

Re. CCJ's, it's my experience that most firms just don't bother fighting smaller amounts in court especially if you threaten them with a possible counterclaim. This is of course just my own experience, but I suspect many of those who have received CCJs for small amounts didn't fight back too hard before it got to court, though I admit I'm guessing here.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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