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    • Okay. Same old story. I've written lots of commentaries on the arguments to use in respect of the various defences. Please make sure you understand what we are saying in terms of the fairness of unfairness of the requirement that it is you who insurers against the negligence of the company or the criminality of their employees. It is the company which should be taking out insurance not their own customers. Imagine going into a restaurant and you get food poisoning and then the restaurant says that they don't have third party insurance. It is the customers job. Make sure you are thoroughly familiar with all the various principles and also the mediation journey. Lots of good summaries here about the mediation experience. Let us know when you get the DQ. And small claims track. Agree to mediation – because they probably will have indicated that they want it. Keep us updated
    • I disagree that the motorists interviewed in the local paper had a better case than you.  OPS made it impossible to pay, and can be shown to have allowed this at best negligent situation to go on for months.   You've asked straight questions, which is fair enough.  If OPS did sue you, it would be for 2 x £100 PCN + 2 x £60 invented Unicorn Food Tax + £50 legal costs (remember these are capped at small claims) + £50 court fee costs + some interest = around £420.  There are three possible outcomes to a court case    - you win and owe £0.00    - you lose, the judge doesn't allow the Unicorn Food tax, you owe £300.00    - you lose, the judge is lazy and allows the Unicorn Food Tax, you owe £420.00.   Yes, fighting would take some work, however over many months, namely    - build up some evidence against them as in post 14    - read other OPS threads here so you get the right idea    - reply to a Letter Before Claim if it comes, we have loads of examples of snotty letters on the forum    - defend the claim should it be issued, we have a standard generic defence    - if the case proceeds, prepare a Witness Statement.  This has to be done seriously & properly.  However, again, there are examples compiled by other motorists here which you could use as a basis.   This is all worst case scenario of course, if they knew you'd be big trouble in court they might well give up before a court claim.
    • Hi there BankFodder and team - PARCELHERO filed their defence last Friday: below is what has been written:    * Claimant entered into an agreement to send a shipment via a carrier of his choice. * That carrier was Hermes. * For all Hermes bookings we do not offer any free cover in the event of loss or damage, so unless any is purchased, in the event of either loss or damage, a claim cannot be processed. * During the booking process the claimant, despite presented with the option to purchase cover, selected the option that states he will 'accept the risk' of sending his item without cover. * Unfortunately the claimants item was lost by their chosen carrier Hermes, so the claim was respectfully denied by Parcelhero.com Ltd as per our contractual agreement.   Here is the latest in the claim history -  A bar was put in place for PARCELHERO.COM LIMITED on 11/06/2021 PARCELHERO.COM LIMITED filed a defence on 11/06/2021 at 14:05:11 DQ sent to PARCELHERO.COM LIMITED on 14/06/2021   I gather from the MCOL user guide that I will now be sent a questionnaire to be completed and returned and that mediation is a likely next steps. As ever, I would be grateful for any observations or focus areas of advice you could offer.  Many thanks in advance, Martin   
    • stop thinking and using the word fine and you might understand how things work better   
    • Thank you both for your detailed replies. Yes, I agree, what OPS are doing is tantamount to theft, but in my case, I fear it's legalised theft. I can't find that many other OPS cases in this forum, but of those that I did find, including those mentioned in the news articles paid online, all had actually paid for their parking ticket, but were "fined" in spite of that. They clearly have a much better case than I do.   My one and only previous experience in the small claims court has taught me that it's not about what is fair and reasonable, all the judge cares about is the law, and what's in the contract. Dx, I'm sorry, I don't understand your comment above, and I still fear that I am (regrettably) legally in the wrong.   Dave, you admit that I would have to put in a lot of time fighting this case, and I'm thinking that really, life is too short, and that time is worth more to me than the £120. Nonetheless, I would contest it on principle, if I thought I had a realistic chance of winning.   I take your point about not getting a CCJ if you pay the "fine", but the stakes are escalating, surely. If I lose, I will have to pay the court costs as well as the £200 fine, won't I?
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Adam v Nat West ***WON***


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Hi

 

I always thought that I would deal with my branch for every thing however after reading this forum and seeing alot of different addresses i am now not so sure, I am just wondering if any one can clarify which is the best address to send my requests to?

 

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click here for the address to send the dpa request to : http://www.consumeractiongroup.co.uk/forum/natwest-bank/238-data-protection-manager.html

 

also when you receive letters from them reply to the address that they have sent them from.

 

lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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  • 2 weeks later...

im not with the natwest, but i would send it to the address they have requested you send then the info.

 

it doesnt matter where you send it as long as the natwest get it. they will have to pass it onto the relevant person anyway.

 

good luck lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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I sent the Request for repayment of charges letter to my branch, which they recieved yesterday. They rang me to say that they had recieved my letter and that they would need to order a copy of my statements which could take 21 days so that they could look into my complaint.

I am just wondering if anyone else has had this and if its just a stalling tactic?? Should I send the next letter in 14 days as the letter states that if they "do not respond or you do not respond positively." I'm not sure if thats a positive responce, so should I give them the time they need?

Thanks

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Guest NATTIE

Will probably be 14 days max for statements, No not a delaying tactic. Would be worth a quick read of one of my posts "How to order copy statements". It is definitely 100% idiot proof. Tested by the idiot posting this so know it is full proof. Check in a few days to make sure note is on your account otherwise, the delay will be longer

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I have had my statements and have sent the letter to natwest asking for repayment with a copy of the charges, it is the bank who are saying that they need my statements to look into my complaint, is this right?

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I think that I have made a mistake!!

 

When I sent my Preliminary approach for repayment letter to NatWest I included the 8% interest with my amount and in the spreadsheet, i know believe this to be incorrect, should I write to NatWest to infom them of the new amount. i'm not sure what action I should take.

 

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  • 1 month later...

Hi

I am just wanting to check my progress so far:

 

I sent my letter to Natwest requesting my owed money, the manager of my branch rang me and said he was looking into my claim.

 

after 14 days i sent the next letter and again all I got was my branch manager ringing me to say he was still looking into it.

 

Its now getting close to 14 days and I will need to fill in the small claims form.

 

I am just wondering if it is a good or bad thing that my claim is being handled by my branch manager and he hadnt passed it up the chain. Will this be good or bad when it goes through the small claims

 

Thanks

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regardless of who you deal with if you follow the steps on here which you are doing then it doesn't matter whether you get a response from Sir Fred Goodwin, or Joe Bloggs the new cashier. The timescales remain and non response simply means that you will soon be taking NatWest to court to claim back the unlawful charges. Many ppl on this site have had responses. no responses and partial responses, so do not be too worried if you get no response.

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  • 2 weeks later...

I am just trying to fill in the money claim forms and I am wondering what address I put for natwest?

 

All my correspondence so far has been with my branch, so is that the address I give or does it need to be some where else?

 

thanks

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Hi

Still filling in my money claim forms and I am just wondering what I need to put for the particulars of my claim?

 

I have just put that I am claiming back unfair charges on my account from over the last 6 years and then given my account details

 

Is this enough or do I need to put anything about why I believe its wrong?

 

Also can anyone tell me what I can expect one I submit my claim? i.e. will I hear from the court etc?

 

Thanks

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I submitted my moneyclaim form online and have recieved my letter from the court.

I am just wondering in my perticulars of claim I said that I would send a copy of the list of charges with my break down of my claim. I am just wondering what kind of info I need to include in the letter to Natwest?

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