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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.  

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      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.

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      Many thanks 
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    • 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.

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      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.

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      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
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Bad news for any RBs Group (inc Natwest and all the others) credit card holders


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Please read post 1 before adding futher to telewest's. It says that unless you ARE going down the legal route then no refund will be given. I hope that what he has written in that post is reading as well as I am reading it.

This thread was giving information which is what is happening today within RBS Group.

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I have just had a refund of over £5k from RBS without going down the legal route. I sent all appropriate letters etc, but settled before filing a court action. The same happened with another member of the RBS forum who settled for £6.5k without any court action involved - both of us in mid October.

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:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Its not up to the consumer to prove anything at all, it's up to the bank to prove that the charges are not unlawful and put simply this cannot be done.

 

Actually, if you take legal action against the bank, then the onus of proof is on you.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Please please please read post 1, sending a letter asking for charges or you will sue them IS going down the legal route. You may get a token GOGW refund without threatening legal action but not a full refund unless you threaten court action.

NatWest will not refund prior to filing at court.

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Joa, I wasn't suggesting that the result would have been the same if the charge total was higher. Perhaps they refunded the charge because he is rarely late with a payment, perhaps they didn't want to lose his custom, perhaps he was just lucky, who knows! All I'm saying is that it IS still possible to get a charge reversed/refunded without resorting to legal action:)

Ok he had to speak to 3 people before he got someone who had the authority to do this but this took less than 5 minutes - well worth it in my book.:-D

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A GOGW refund maybe, but if it happens again the answer will be NO. A one off GOGW may happen as it does with many other providers of Credit Cards, but any more would stand.

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sending a letter asking for charges or you will sue them IS going down the legal route.

 

Sorry, all I meant was that I didn't have to do anything via the courts.

 

Although I have had charges refunded in the not too distant past simply by calling my branch and having a moan!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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  • 5 weeks later...
NatWest will not refund prior to filing at court.
That's not my experience. I queried a £28 charge over the telephone only a couple of days ago. The chap at the lending centre said i had a gone about £3 over my o/d sometime in October. He then went on to say that because it was only a few pounds over he'd refund the charge, I didn't even have to ask!

 

I can only assume that either they've changed their policy again or that this just apllies to RBS credit cards (either that or the fella I spoke to didn't get the memo).

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  • 5 months later...

Hang in there!

 

Barclays like to play a game of brinkmanship- they finally agreed to pay what I was asking for at about 3.30 pm the day before the case was due to go to trial!

 

Jeff

 

On a separate note, maybe that will push more people on the litigation path... I aked Barclays for a refund of £30, they said no, so I sued them for the lot, claim is standing at nearly 500 quid now...
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This is nothing to worry about, Nationwide changed its policy a little while ago. Formerly staff could be confident that the faceless people at head office would refund a charge the first time. This helped to keep customers sweet as , on the whole, people don't have returned items all of the time.

 

A few months back they changed this policy (with VERY MINIMAL communication with staff - we found out by expereince) to say that refund would only be given if there had been a Nationwide error.

 

This has, I am sure, merely added to the numbers of people putting in SAR's and claiming all charges in full. Shouldn't come as a surprise then that, last month, we were given a long list of situations in which refunds should be given.

 

This won't change anything of course, all the earlier policy did was lose Nationwide money and customers, and now we're shutting the stable door after the horse has bolted. The secret is out and all banks and building societes are onto a loser. The truly ironic thing is, pretty soon, they would do better to acknolwedge this fact and refund at the first letter thus minimizing the interest they pay.

 

What would I know though :0

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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