Jump to content


  • Tweets

  • Posts

    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
  • Recommended Topics

  • Our picks

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

Alvey vs Barclays


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

Thread Locked

because no one has posted on it for the last 6390 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

Hi there! :oops:

 

This is my first time posting on this site. I have read all the FAQs and been reading threads regularly to try and get my head round it all, but there is so much information, I keep getting confused.

 

However, I love the idea of fighting these big corporations for any and every penny we can get so I am up for a battle!

 

I have requested and received all my statements, and calculated the total owed.

I sent a prelim letter on 18th September, and got a response on 23rd Sep saying:

 

'I am sorry you have had to contact us about your bank charges. ... . I have referred your concerns to our Head Office team and they will let you have a response or update as quickly as they can but no later than 18th October ... '.

 

I have noticed from reading other threads that this is a fairly standard response. But what I can't work out is what to do next.

 

Do I await their deadlines? Or do I remind them of the original deadline? Or do I send an LBA now? :-?

 

Any help would be much appreciated.

Cheers

Link to post
Share on other sites

Unless they comply with the request in your preliminary letter (which they won't!) you should send your LBA 14 days after your prelim. Your timetable not theirs!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

Link to post
Share on other sites

  • 2 weeks later...

Right - the 14 days are up, and Barclays have provided no further response.

 

Have just written out and posted the LBA for Barclays for £715.

 

Am feeling rather nervous, but also quite excited about the prospect of getting some cash towards my skiing fund!

 

I suppose if it goes to court, at least I can potentially claim back more money with the 8% interest charges - even if it does feel a bit scary.

 

My next job is to keep reading as much info as possible about filing a court claim - hope I'm still on the right track.:rolleyes:

Link to post
Share on other sites

  • 4 weeks later...

Now having a very large alcoholic beverage because I have just filed my court claim using MCOL! Terrifying!:D

 

I have carefully followed all the instructions on Moneyclaim and using this site (I hope...) but am starting to feel anxious as I don't understand where I could have attached a copy of my schedule of charges to this online claim. Have I missed something or do I not need to attach it?

 

Also am I now supposed to send a letter to the bank with another copy of the schedule of charges with 8% interest? I can't find a template in the library. Has anyone already written a similar letter?

 

Thanks for all help in advance. :rolleyes:

Link to post
Share on other sites

Hi, and welcome to the club!

 

 

Print out two copies of the schedule which include the 8% interest and send one to:

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

quoting your Claim Reference number on the schedule.

 

and the other to:

 

Barclays Bank PLC

Litigation and Disputes team

Level 29

1 Churchill Place

London

E14 5HP

 

with the reference number on the letters they have been sending to you.

 

With each Schedule,enclose a covering note asking that they attach it to your file and that you've sent a copy to the other party.

 

If this post has helped you, please acknowledge by clicking on my scales above.

  • Confused 1

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Thanks so much for your swift response - and addresses too!

 

Much appreciation for the clarification and I'm glad that it is not too confusing considering I am nearly at the end of my very large drink now!!!

Link to post
Share on other sites

Thanks for the encouragement Sandbag. This is all a bit scary!:o

 

I will just wait now before I hear a response from MCOL about the court dates.

 

I have also just read your thread and it is very reassuring to know that you have recently been through all of this with Barclays.

From your experiences do you think I should start preparing a court bundle now and did you just use the example court bundle in the library? Did you have to add much information to it?

 

Good luck in getting your huge refund back too!

That could be an amazing holiday!!! :D

Link to post
Share on other sites

Hiya. I just wondred if you could help me by posting up the txt you used to file your MCOL. And how did you work out the 8% charges.

 

Thanks, mike

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

Link to post
Share on other sites

Hi there Boxxer,

 

If you go to the main forum page for this website and look at the 'Bank Templates Library' - go to no. 5 'MCOL Particulars of Claim' gives you the basic template for the bulk of your MCOL claim - just adapt it to suit your needs.

 

With respect to the 8% interest charges - you will find the spreadsheets to calculate the interest on the same page - no. 6.

 

Hope this helps.

It's probably best to follow these links rather than copying my text just in case I made mistakes in adapting the text to suit my needs!

Best of luck :-)

Link to post
Share on other sites

hiya! thanks for your reply. Ive done those bits already, i just wanted to make sure i had worked out the 8% correctly. Im claiming for £2083, and the 8% is £324. Does that seem right to you? dates are from 05/09/2000 to 31/08/2006

 

Thanks again!

Mike

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

Link to post
Share on other sites

i'm no mathmatician mike and my husband would definitely tell you not to take my sums as read!!!

 

but i am claiming for £715 and the interest works out to be £140 roughly

 

someone else's thread i read was claiming for £4000 and the interest was around £800

so give or take how many claims we have made early in the 6 years or more recently that probably sounds fair

 

if you've used the spreadsheet it should be right - i have just let it do the sums and assumed it's right! I hope so!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...