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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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jezzyjet

-Desperate please help Natwest withdrawn offer can they do this

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Hi there

 

I will try to keep this as short as possible, I really need some advice!

 

Being short of time i decided to let a claims company get my business account charges back for me

the only reason i went along with them is that they told me

that NatWest would refund the money to them and they would take their fees from this,

 

I was worried that as i owe NatWest money it would be knocked off the debt

leaving me in further debt with the claims company,

 

Well right at the end i get an offer from NatWest saying and money returned would be credited to my debt,

not the original agreement,

I spoke to the claims company and they said that NatWest had changed the rules

and no longer returned money if any money was owed to them,

 

Thus leaving me in debt with the claims company...

 

i sat on my hands for a month or so and after speaking to the claims company

decided to accept the offer and returned the paperwork,

 

now the claims company have told me that NatWest have withdrawn the offer

and that i still owe them the grand for the work they have done,

 

I cant remember seeing a time limit on the paperwork

and ill know in the next few days when they send it back,

 

the claims company say ive got no chance of getting the money back now as i left it too long ,

 

What can i do?

 

Can i put in a court claim to get NatWest to pay?

 

And where do i stand with the claims company ?.

 

my original agreement with them was that they would be paid when NatWest refunded the charges ,

the rules change and now i have to try to find the money it does no seem fair ,,

 

please help many thanks

 

j


R.B.S Mastercard £7,189.00 written off default removed

NatWest Goldcard

Natwest business account

Natwest joint personal

B&Q Trade account

Debenhams store card

leeds mortgage

Nationwide

[sIGPIC][/sIGPIC]

 

IF YOU HAVE FOUND MY ADVICE HELPFULL PLEASE CLICK ON MY SCALES, ALL ADVICE IS GIVEN IN GOOD FAITH AND IS MY OPINION ONLY

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This is an interesting one jezzyjet, not least of all because normally people with business accounts don't generally expect any kind of refunds so it would be useful to know quite what tack they've used to get NatWest to agree once you've got through this more pressing issue you have.

 

I think you are going to have to be a little more precise as to what this arrangement with the claims Company was. Once you get the paperwork back and you know about these time scales then perhaps we can work through this as it is not usual. Whether you can get a court claim going is dependant on what is in the agreement, but if the agreement was that they got paid once the refunded charges came back to you then you are going to have to tread your way carefully through this.

 

I'd suggest getting everything together then taking a long hard look at it before going down the road of litigation - only do that once you have thoughroughly checked out the options.

 

Let us know what happens and we'll try and help.


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Many thanks Andrew for your reply i will post when i get the paperwork back from them,many many thanks again Jezzy


R.B.S Mastercard £7,189.00 written off default removed

NatWest Goldcard

Natwest business account

Natwest joint personal

B&Q Trade account

Debenhams store card

leeds mortgage

Nationwide

[sIGPIC][/sIGPIC]

 

IF YOU HAVE FOUND MY ADVICE HELPFULL PLEASE CLICK ON MY SCALES, ALL ADVICE IS GIVEN IN GOOD FAITH AND IS MY OPINION ONLY

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Hi there

 

Got the paper work back today and it appears that there was a time limit on it ,but i am sure as hell i never spotted it, The reason the bank are saying that they now don't have to pay is that the F.S.A Guidelines state that if an offer the bank makes is not accepted or refused within eight weeks they may consider it closed, Is this the case ? Or can i still move forward on this with court action? On the issue with the contract with the claims company i think i might have them on the fact that they should have informed me on any changes of circumstance that could effect my claim eg NatWest no longer returning money and using it to reduce outstanding debts,This fact i only found out when NatWest made their offer ,If i had known sooner (I was told verbally by a member of the claims company that it was a couple of months prior to my offer) I might have been able to re-asses my claim and make a decision,this i believe amounts to fraudulent misrepresentation ,Also the guy from the claims team advised me to sign and return the offer form after the expiry date without any mention of it being overdue , Please let me know what other information you may need as i have also got a few other docs from my source at the bank regarding this claim..

 

Many thanks for you advice jezzy

Edited by jezzyjet
more info

R.B.S Mastercard £7,189.00 written off default removed

NatWest Goldcard

Natwest business account

Natwest joint personal

B&Q Trade account

Debenhams store card

leeds mortgage

Nationwide

[sIGPIC][/sIGPIC]

 

IF YOU HAVE FOUND MY ADVICE HELPFULL PLEASE CLICK ON MY SCALES, ALL ADVICE IS GIVEN IN GOOD FAITH AND IS MY OPINION ONLY

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I think your first problem is dealing with the claim management company from the start when was case started ? What was amount of claim what did Nat West offer do you know what reasoning was behind Nat West making an offer ie have you got copies of what the claim managment company said to Nat West ? If you take to court you may be liable for Nat Wests costs if you lose so tread carefully . Charges have been ruled for personal accounst as charges for services and banks read this across for businesses so id like to know what claim was done how formulated etc let me know regards Gaz

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subbing - very interested. My claim against Nat West was dropped by claims company after court ruling.


GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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subbing - very interested. My claim against Nat West was dropped by claims company after court ruling.

 

Which ruling..?


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Sorry andrew meant when the bank charges case was lost


GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Sorry andrew meant when the bank charges case was lost

 

was that a business account Tink? (Ltd- sole trader..?)


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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It was a business account and it was sole trader


GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Unlike a Limited Company, a Sole Trader is often treated as an 'individual' for all kinds of things - would that put the account into a different category rather than a 'business account' it could be deemed a 'personal account'?


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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