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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
  • 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
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Having been succesful in reclaiming my charges a few months ago all has been hunky-dory.

 

Till today.

 

They've called me to say that as I am now £3 over my overdraft limit, they require me to hand back my debit card and cheque-book, (which i've never used).

 

I explained I believed this was retaliatory and they assured me this wasn't the case. It's just utter coincidence that while I was paying them for my minor transgressions they turned a blind eye to them and as soon as I fought back they decided £3 was a lot for them to stomach.

 

Am going to go over my statements and find out where i've been charged for genuine breaches as opposed to charged for being charged. Am also going to close the account as I can get the facilities they're denying me elsewhere.

 

I'm interested if a similar thing has happened to anyone else as this would blow their, "we wouldn't get involved in tit-for-tat disputes and it isn't retaliatory" argument out of the water and I can fight it on that front.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Having been succesful in reclaiming my charges a few months ago all has been hunky-dory.

 

Till today.

 

They've called me to say that as I am now £3 over my overdraft limit, they require me to hand back my debit card and cheque-book, (which i've never used).

 

I explained I believed this was retaliatory and they assured me this wasn't the case. It's just utter coincidence that while I was paying them for my minor transgressions they turned a blind eye to them and as soon as I fought back they decided £3 was a lot for them to stomach.

 

Am going to go over my statements and find out where i've been charged for genuine breaches as opposed to charged for being charged. Am also going to close the account as I can get the facilities they're denying me elsewhere.

 

I'm interested if a similar thing has happened to anyone else as this would blow their, "we wouldn't get involved in tit-for-tat disputes and it isn't retaliatory" argument out of the water and I can fight it on that front.

 

This is just so unbelievable, so why am i not suprised by it? £3 and your out mate! They are probably looking at it from the fact that if you start getting charges again, you will start recovery action all over again. Therefore, by closing the account straight away, they are removing that threat!

 

Regards,

Colin.

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

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In their defence they haven't actually closed the account.

 

They've stated that as I evidently can't handle my account properly, (I've gone £3 over remember), they have no choice but to remove my Visa debit card and chequebook. I explained that this was obviously retaliatory action but they disagreed saying that any previous refunds were a gesture of goodwill to try and get me out of the cycle of charges on chrarges. The conversation then went something like:-

 

ME:- "I may as well pay off the overdraft and move my account as I can get the services you're recinding elsewhere"

 

SMILE:- "Don't do that as you will still have Electron services"

 

ME:- "That's next to useless"

 

SMILE:- "It gives you the same services as your debit card"

 

ME:- "Then why bother swapping it?"

 

SMILE:- "'Cos then you can't write cheques"

 

ME:-"When was the last time I wrote a cheque?"

 

SMILE:-"2002"

 

ME:- "Then is it fair to say that the ability for me to write cheques is immaterial and the Electron card will reduce the services available to me, if it doesn't then there is little point in swapping it and if it does I will just go somewhere else?"

 

SMILE:- "Er..."

 

 

There were several other threads of conversation that resulted in them saying "Er...." but it would be fruitless to list them here. Suffice to say they uttered the words, "terms and condiitons" a lot, and I laughed and used the word "lawful", a lot.

 

The lady I was speaking to, (I have her name and direct number), was very pleasant and quite obviously didn't believe in what she was saying as she contradicted herself quite a few times. Of course when I referred to these contradictions, she denied them, luckily, I recorded the call.

 

I then recieved a secure message from one of their debt management managers, which told me how my overdraft would reduce over the next month or so.

However, in this mail there was a little snipe at the end, "Just to let you know we can ask for any money owed at any time". I replied explaining that as the reduction of the overdraft was at my request I was a little puzzled as to why she felt the need to include that nugget of information, espacially as it just isn't true.

 

My plan is, to have my salary paid into the smile account and move it all into another account the same day, that way, I am not breaking their t&c's as I am still making regular deposits, (so they can't recall the OD), I am still reducing the overdraft and i'm not using the account.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Dear Sir/Madam,

 

 

On the 12 October 2006 I received a call from your debt management department requesting that I return my Visa debit card and chequebook. Please find the card enclosed, it was noted during the call that I have not used my chequebook since issue and therefore it can be assumed I am not in possession of it. Please accept this letter as notice that this is the case.

 

 

I put it to your representative that this request was a retaliatory action as I have recently reclaimed charges relating to 'unauthorised' overdraft use, unpaid direct debits and so on. She assured me this was not the case and that in each instance of my transgressions my account is referred to the debt management department and a decision is made on how to proceed.

 

 

She went on to explain that the timing of this request is due to the fact that on this occasion my own actions have resulted in the transgression, (as opposed to it being a result of charges). This would suggest that either:-

 

 

a) All previous transgressions have been the result of bank charges unlawfully levied on my account.

 

 

Or

 

 

b) My previous transgressions have been allowed to continue while you were able to charge me for such and consequently the request for the return of my stationary is a retaliatory action.

 

 

Returning to your claim that all of my transgressions are referred to the debt management department. You will recall that on 19th May 2006 I submitted a 'Subject Access Request' under Section 7 of the Data Protection Act 1998 requiring disclosure of any data relating to me. In this request I specifically requested details of any manual intervention in relation to my account. No such information was forthcoming. Therefore I can only conclude that either:

 

 

a) You are in breach of your data protection obligations as you have failed to supply me with ALL the data held about me.

 

 

Or

 

 

b) Your representative was misinformed, there is no such referral mechanism and the decision to rescind certain services is solely the result of my reclaiming charges.

 

 

Please let me know by return which of these is the case, if it is the former, kindly rectify the situation by providing me with copies of all internal correspondence relating to me and details of all manual intervention.

 

 

On the same day, (12th October 2006), I received a secure mail from Val Mcarren detailing how my overdraft facility would be reduced over the coming months. As an aside, the mail included the assertion, “Just to let you know, we do have the right to ask you to pay back the money you owe at any time”.

 

 

This is a puzzling assertion for two reasons. Firstly the reduction on the overdraft was at my request, consequently I cannot understand the need for such an intimidatory statement, (which it was clearly designed to be). Secondly, I cannot deduce from where Val draws such an assertion. I can only assume she is referring to the rights granted under The Consumer Credit Act 1974 (section 76(1)) but of course this is not applicable according to paragraph 2(a) of the same.

 

 

I hardly need remind you of the Financial Ombudsmans' stance on retaliatory action in the light of unlawful charge reclamation.

 

 

I look forward to your response.

 

 

 

Sending Monday.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Nice!

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

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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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Ta. :D

 

(I'm genuinely flattered at your approval)

 

(Though I am rather drunk)

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Yup, I suspect there is something bigger at work here, just need to try and find out what it is.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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  • 2 weeks later...

Great letter! Any response yet? I'm going to have a pop at Smile in a bit once I've got my parachute account sorted, and finished the existing claims I've got going, so I'll be watching your thread with interest!

 

SirOweALot

BOS CC1 S.A.R - (Subject Access Request) sent 14/9/06

BOS CC2 S.A.R - (Subject Access Request) sent 14/9/06

FD CC SAR sent 14/9/06, PAR sent 10/10/06 claiming £457, sodoff letter rec'd 25/10/06, LBA sent 26/10/06

MBNA CC SAR sent 14/9/06, reply 22/9/06 looking into it, sodoff letter +£400 GW rec'd 13/10/06

 

Let Battle Commence...

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Nah, no response yet.

 

Though that could have something to do with the fact I forgot to send the bugger. :)

 

Gone today.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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:) easily done, just don't make a habit of it!

BOS CC1 S.A.R - (Subject Access Request) sent 14/9/06

BOS CC2 S.A.R - (Subject Access Request) sent 14/9/06

FD CC SAR sent 14/9/06, PAR sent 10/10/06 claiming £457, sodoff letter rec'd 25/10/06, LBA sent 26/10/06

MBNA CC SAR sent 14/9/06, reply 22/9/06 looking into it, sodoff letter +£400 GW rec'd 13/10/06

 

Let Battle Commence...

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Smile tend to do that sort of thing. In my case they had already "downgraded" my account months before I started to pursue them for my charges.

 

I had "transgressed" a couple of times (Smile refusing to honour direct debits that would have taken me £3.50 over my limit and at the same time adding charges that actually took me £12.00 over said limit then add on the daily charges - we all know the routine) a year or so ago and, when debit card was due to expire, the new one failed to arrive. I rang Smile to find out where my card was and I was interrogated by a snotty young lady about the direct debits that they had refused during the previous months and asked to account for the way I was conducting my account. She spoke to me like a wayward 5-year old who'd been naughty! I pointed out that, in all 3 cases, the offending amount was no more than about £4 and that Smile had made the matter much worse with their disproportionate charges. I told her that I was less than impressed with the way Smile had handled my account.

 

The upshott was that she insisted I return my chequebook and debit card and she would send me an electron card to ensure that I used my account more responsibly. Touche - it was their ball and they were taking it home!

 

This didn't affect my banking all that much - like you I don't write cheques anyway and most shops take electron. The thing that bugged me was the way I was treated - I'm a professional, have 2 degrees, and am in my 40s and here I am with some snotty lass half my age talking to me like I'm a wayward toddler.

 

It was at that point I decided to take my business elsewhere and chase Smile for all my money back.

 

I suppose your experience could be "punishment" for daring to challenge them (and winning) but, as I said, it seems to be their practice anyway.

 

The letter I received when they refunded my account told me "you must not go overdrawn without permission again". Not much chance of that - I transferred the remaining money into my NatWest account and have left a small balance in my Smile account to keep it ticking over. I shall close the account when it suits me, not them!:p

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Of course.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Of course.

 

:x Might be sooner than I thought! I've sent them a message to ask for a new bank card and pin and have been told that I would have to telephone them to discuss the matter because of the way I have been managing my account!

 

Considering the fact that the refunded charges cleared my entire overdraft and left me with a credit balance, it could be said that they were the ones who had been mis-managing my account, not me.

 

Have you had a response to your letter yet?

 

glynisd

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No, nada.

 

They are really begining to get on my t*t-end now.

 

Yesterday, they refused a £12 DD payment as it would have taken me over my OD limit. Fair enough, I'm reducing my OD and this was an oversight as i'd forgotten to be honest. What grates though is that they then slapped on a £25 charge immediately for not paying it and this took me over anyway.

 

Looking back, they did exactly the same thing a month ago, this took me over my limit and I incurred charges.

 

Had they adhered to the banking code and given me 14 days notice of the charges, I wouldn't have gone over my limit, wouldn't have incurred the charges and therefore the payment would have cleared.

 

To top it off I recieved an email saying they were worried about the way my account was being run. Specifically in regard to DD's and SO's. As I have not replied to their previous communications if they had to keep returning them they would have to take away this facility to stop me incurring charges.

 

How kind.

 

In response I wrote back saying that coincidentally, I was also concerned with the way my account was being run and that there seem to be flagrant breaches of the banking code. Had these breaches not occured then there would be no problem. Also, I think you'll find it's me waiting for a response from you.

 

T***S! :(

 

Will let you know the response, (if any).

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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No, nada.

 

They are really begining to get on my t*t-end now.

 

To top it off I recieved an email saying they were worried about the way my account was being run. Specifically in regard to DD's and SO's. As I have not replied to their previous communications if they had to keep returning them they would have to take away this facility to stop me incurring charges.

 

T***S! :(

 

Will let you know the response, (if any).

 

That's exactly the way they treated me - in my case it was a £9.99 direct debit that would have taken me £4 over my limit!

 

The thing that bugs me the most is the way their staff talk to you as though you were a wayward 5 year-old having privileges withdrawn for being naughty!

 

So, our crayons taken away and bed without any supper for us then eh?:rolleyes:

 

glynisd

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"Just to let you know we can ask for any money owed at any time". I replied explaining that as the reduction of the overdraft was at my request I was a little puzzled as to why she felt the need to include that nugget of information, espacially as it just isn't true.

 

 

I always believed an overdraft to be repayable at any time, on demand by the lender.

 

Anyway, I think I may go and hit Smile now :D

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This is in no way conclusive, but, the CCA section 76 states monies can be recalled on a lending agreement if the it is a fixed term loan.

 

However, paragraph 2 of the same section says that if there is no fixed term, (i.e. an overdraft), then this does not apply.

 

There may be some ammendment I've missed but i'm not going searching for it, they can tell me if they think i'm wrong. (so far, they haven't).

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Then you no doubt know more than me, however, I would still like them to prove it. I can quote statute where it says they can't, they only have to show me where they can and i'll leave it.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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I'll go have a root around. I'll look for an answer too ;)

 

And having looked, the position is this:

 

According to common law an overdraft is payable on demaned: Rouse v Bradford Banking Co (1894).

 

However, this has been modified such that reasonable period of notice must be given: Cripps & Son Ltd v Wickendon (1973). This has been reaffirmed in Bank of Baroda v Panessar (1987). Since this is post-Consumer Credit Act I would suggest that the common law principle remains and overdrafts are repayable on demand with reasonable notice.

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Thanks for the info, (though it may not be what I wanted to hear), will have a read of the caselaw when I have a little more time.

 

It's immaterial really as that's not the issue and if they want to take their bat and ball home so be it.

 

It's the pontificating manner of bank staff that gets my goat and I like listening to them trying to get out of the corner they've painted themselves into.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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It turns out it's my mistake:-

 

Hello Jimfishybob

In reply to your query about charges I would advise that the fourteen day 'notice'period only applies to account charges.Fees such as those for unpaid items,stop payments and copy statements etc are payable as and when

incurred.The fee of £25 is standard and applies to all unpaid items irrespective of the amount and whether or not the customer has sufficient funds in their account to cover it.I am sorry you did not receive a reply to your message of the 12th October.The 'repayment on demand'clause is included in all Bank overdraft facility letters although it would only be

applied if the conduct of an account was no longer satisfactory to th Bank Regards xxxx

 

Apparently, them not paying my DD's is a service they offer,(not an account charge as I suspected), and consequently I should be charged for it immediately in the same way I would be if I stopped a cheque, for example. It all makes sense now.:mad:

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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I replied yesterday asking them if they're suggestion that I requested this service was serious, they replied this morning saying, 'yes'.

 

Have just sent this:-

 

If I understand correctly, your argument is that the process of you NOT paying a direct debit and then charging me £25 immediately for this non-payment, thus incurring further charges is a service I have requested by default and consequently is not covered by the banking code?

I would argue the nomenclature is irrelevant. By it's nature this is an account charge ans IS subject to the provisions of the banking code. If I said I was a duck that wouldn't make me one. (Flippant, I know, but your argumnet is, frankly, ludicrous).

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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