Jump to content


  • Tweets

  • Posts

    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
  • Recommended Topics

  • Our picks

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

Barclays Claim-Received "I'm sorry" letter. What now?


lkjmn
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6397 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,

 

This is my first post on this or any other forum and I'm hoping I'm posting in the correct place.

 

Here are the details of my progress:

 

Requested copy statements 12/9/2006. Had my £10 cheque returned with my statments which I recieved 27/9/2006.

 

Sent Initial request for full reimbursement of unfair charges plus interest on 28/9/2006. Total charges £2095 plus 204.29 interest. Used the template letters and the spreadsheet found on this site. (Great help, wouldn't know where to start otherwise). I gave the Bank 14 days from the letter date to reply "positively". Meaning I must send the second letter on the 12/10/2006 (I have it circled on my calendar).

 

6/10/2006 received letter from Mike Brophy at Barclays saying, "I am sorry you are unhappy with the charges etc.........We will endeavour to get back to you in the timescale you stated (i.e. two weeks) but cant guarantee it. We aim to find a solution within 4 weeks but if we are unable to do so, we will write to you explaining what is happening. A full report or an update on our progress will be sent to you within 8 weeks. There was a leaflet enclosed and also a telephone number to call if I wanted to discuss the matter.

 

So that's the state of play at the moment. I won't be calling them. I know blueskies had some success doing so but that's not for me. More of the strong silent type. I will be sending the second letter this Thursday 12/10/2006. Is this the correct course of action? Reading other threads, the best advice seems to be to ignore the Banks "fobbing off" letter and proceed with the claim in the timescale outlined by me.

 

Any advice would be greatly appreciated

Link to post
Share on other sites

Hi, i recived the same latter from mike today...(he must be signing a whole lot of those :D ) i sent off my letter before action letter last week and thats the response i received.

 

Basically...thats there problem if they are going to take 8 weeks. Im keeping to my timescale (14 days from date of LBA letter), which means in my case they have untill 20th oct to settle. If not (which i doubt they will) i will be filling out my money claim online form.

 

You seem to be on the right track.

 

they have 14 days to respond to initial request to pay up....if they fail

send them letter before action (14 days to respond)

if they still fail....start your court claim

 

hope that helps

 

Harriet:)

Link to post
Share on other sites

Do I sent the interst calculation with the LBA? And why should I have not sent it with my first letter? Bit late now I suppose.Oops

 

 

you cant claim the 8% standard interest until the MCol stage. You can however claim contractual interest on you first letter.

Link to post
Share on other sites

Darn it!! I really wanted to look like I knew what I was doing to. Should have started posting on here earlier methinks. So, send LBA tomorrow with schedule of charges but no interest. By the way, contractual interest?

Link to post
Share on other sites

IMHO its very complicated (its basically reclaiming the interest they charged you whilst overdrawn, then working out the %age of that amount that was caused by thier unlawful charges) then you have to work out thier rate, when it was incurred and for what period of time etc etc. I would stick to statuatory interest (8%) but it is up to you!

Link to post
Share on other sites

Hi Y'all, just about to send my LBA. Here is what I wrote:

 

Thank you for your letter dated the 4 October 2006. However, the amount of time that you are requesting in order to review my case is not satisfactory.

As stated in my previous letter. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £2,095.00 in ”paid referral” and “unpaid outs” fees

.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 28 September 2006

 

I require repayment in full of this money and If you do not comply fully within 14 days (by the 27/10/2006) then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

So, is that okay? Will be sending it lunch time special delivery. Should I make any changes/additions before it goes?

Link to post
Share on other sites

Why is the font shrinking on my last post. Weird. Anyway thanks Thai you've been a great help so far. Hopefully should have some good news within the next couple of weeks. Or I'll be asking you for help on how to fill in the moneyclaim forms. Heh.

 

Don't know about the font?! Barclays are sh*ts and I'm 99% sure you'll have to MCOL thier ass*s, you'll get all the help you need and thats when you can claim all that loverly interest:lol:

Link to post
Share on other sites

Re "shrinking font"

 

It's because, I assume, you copied and pasted the text from somewhere else on your computer - and it copied the font style along with the text.

 

If you want to avoid this, simply highlight the text and click the "Remove Text Formatting" icon at the top left of the reply box. Or, for full control over the font, click the "Go Advanced" button and you can choose your font and size preferences. (standard is Verdana Size 2)

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

Thanks Victimnomore. You were correct in your assumption. I did cut and paste from word. Although I don't think I'll change it. I quite like the thought of people getting closer and closer to the screen as read my post. lol

Link to post
Share on other sites

Oh,

do

you

now?

But, of course,

you can take it too far you know!!!!!!

he he he he

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...

Still no word from the Bank. Am I right thinking that I don't have to contact them again? I said in my last letter that court proceedings would commence on the 27.10.2006. Should I write again saying that I have started the court proceedings? Seems like it would show weakness/hesitance on my part if I did.

Link to post
Share on other sites

Well whadya know. Get home from work on Friday evening and there's a letter waiting from barclays, it reads:

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your carrespondence you have referred to elements which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view.

 

When an account is opened with us, our customer is provided with a copy of the Term and conditions relating to the use of their account; including details of our charges. This information clearly explains our obligations to our customers, as well as their obligation to us. If we make any changes to that Terms and conditions, we provide details of these changes to our customers in line with the banking code. Details of our terms and conditions, along with our charging tariff, can be obtained at any of our branches, or via our internet site.

 

Despite my comments above in relation to your views, on this occasion, and without any admissions of liability, I am willing to offer the sum of £720 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill, in full and final settlement of your complaint. If you would like to accept my offer please sign and return the enclosed form in the pre-paid envelope provided. I will arrange for the payment to be credited direct to your account within seven working days of receipt of your acceptance at this office.

 

If you wish to discuss this letter, or if you feel there are further iisues I need consider, please contact me on...........If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service.

 

The leaflet sent with our letter 2/10/06 explains our complaints process and provides details regarding the Financial Ombudsman Service.

 

In accordance with our standard practice, If I do not hear from you contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

 

Yours

 

 

Katie Tyrie

 

One small problem though. I've already filed my MCOL, Ooops. I did it friday afternoon. I wouldn't have accepted the offer anyway but would have taken it as part settlement.

 

So what now? Do I have to contact them again? They'll be notified by the court that I'm proceeding with my claim for the full amount so maybe a letter from me saying "thanks, but no thanks"?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...