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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • little old lady
      GroupNexus ANCR PCN arrived too late but do I have to prove it and if so how?

      By little old lady · Posted

      Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • mystic_bertie
      UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

      By mystic_bertie · Posted

      lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • tobyjugg2
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By tobyjugg2 · Posted

      Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Mickgibbons1
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Mickgibbons1 · Posted

      Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • UsedCarMan
      Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card.

      By UsedCarMan · Posted

      FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

BBA perplexed by announcement on bank charges

cakey

By cakey
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fallen404

fallen404

Posted
Posted

Precisely. I can see this is getting a little off-track now. It's important to remain moral and sensible when dealing with the banks and any similar organisations. Flying off the handle and taking recklessly illicit or illegal actions is certainly not going to help your case any.

 

Either way, it does astound me that so many of the BBA's staff would be off at any one time. Surely they don't all have kids to look after over the holidays?

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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Spiceskull

Spiceskull

Posted
Posted

Sounds to me like they prepared their statement last week, sent it off to the 'post room' on Friday for a Monday release, and then closed up for a week...because they knew that a lot of people (well, me at least...) would be writing in for a clarification...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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coffindodger

coffindodger

Posted
Posted

Sent the original to Ms Elson and cc'd it to the rest of the list. It's time that the major banks and their cohorts realised that we mean to get justice

Brian

It's amazing how many people are on leave at the moment

Claim against Nationwide

6 years charges £1973

prelim letter 10 April

Charges refunded 15 April

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Spiceskull

Spiceskull

Posted
Posted
I put a read receipt on my email to the BBA. Most of them are on holiday but the one to Ian Mullen came back as

 

Your message

 

To: [email protected]

Subject:

 

was deleted without being read on 11/04/2006 12:55.

That's interesting - I would have thought they would be keen to hear from your Joe Average bank user...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dave

dave

Posted
Posted

Maybe it's time for a protest outside the BBA headquarters?

 

Any thoughts?

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Spiceskull

Spiceskull

Posted
Posted
Maybe it's time for a protest outside the BBA headquarters?

 

Any thoughts?

Yes - it's nearly easter weekend - they will be closed for a few days (although it sounds like they already are...) the papers have bugger all to write about so why don't we all (including the papers) go down there for the afternoon on Monday. It would make great reading for BBA staff on Tuesday morning...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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fallen404

fallen404

Posted
Posted

Not entirely sure I see the point in going to an empty office building on a bank holiday. I think we'd end up looking a bit stupid, personally. I'd say the best way to get publicity as to spread the website address round by word of mouth, so that more people take action, more of them get to court, and then there's more victories reported in the papers and on television.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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Spiceskull

Spiceskull

Posted
Posted
Not entirely sure I see the point in going to an empty office building on a bank holiday. I think we'd end up looking a bit stupid, personally. I'd say the best way to get publicity as to spread the website address round by word of mouth, so that more people take action, more of them get to court, and then there's more victories reported in the papers and on television.

There is that as well. But...we could argue something along the lines that we were holidaying at the bank on a bank holiday...or something...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...
Spiceskull

Spiceskull

Posted
Posted
Did anybody ever get a response to their letters?
Only auto-replies, although I did get one response that said my query was being forwarded.

 

However, Joanna Elson popped up again today, on the BBC article...if she wants to speak then she MUST expect a barrage of emails from me...:):):):):)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...
EricTheRed

EricTheRed

Posted
Posted

I thought I would follow this up. I recently wrote to my MP about bank charges asking him to take it up with the CoC. he replied and was most interested and asked me to keep him up to date. I've sent him this letter. Please excuse the plagiarism in some parts.

 

 

Dear Mr Rooney

 

Bank Charges

 

Thank you for your response to my letter about bank charges. Your reply asked me to keep you up to date. From my own perspective I can inform you that I will shortly be issuing summonses in the Bradford County Court against Abbey and Capital One for recovery of penalties applied to my bank account and credit card(s). Abbey haven’t even had the courtesy to comply with their obligations under the Data Protection Act and my case will be based on a reasonable estimate of part of the claim.

 

In addition they have informed me that

 

“If the complaint escalates into a claim in the County Court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the Terms and Conditions.”

 

To close an account because a customer complains and stands up for their legal rights has already been addressed by the Ombudsman and as one would expect, the outcome was favourable for the originator of the complaint and the complaint was upheld. The Ombudsman agreed that to close the account was against “natural justice” and awarded compensation to the purveyor of the original complaint.”

 

Over 4 years Capital One has charged over £1200 on 2 credit cards each with only a balance of £200.

 

I’ve also attached a letter that I sent to Joanna Elson of the British Bankers Association on 11th April. Ms Elson has not replied to this letter. The letter was sent also to Ian Mullen Chief Executive of the same organisation.

 

I find it hard to understand what Ms Elson and Mr Mullen have not had the good manners to reply to my letter when I clearly indicated that I wanted a response. The email sent to Ian Mullen came back as

 

Your message

 

To: [email protected]

 

was deleted without being read on 11/04/2006 12:55.

 

I seem to remember that at least one of them deleted the email I sent without even reading it.

 

The question of bank charges is a serious matter and for this to be dismissed through lack of response by a responsible member of their professional body concerns me greatly.

 

I have incurred penalties from my bank. I appreciate that if I am delinquent, inadvertently or otherwise, in my banking that I should be penalised but only to the extent that it is legal and fair and not a case of my bank making a profit on the back of my delinquency. It is well established at both common law and enshrined in statute that a bank can only claim back its actual loss and not impose unfair contract terms on its customers. I don’t expect to contribute towards the shareholders champagne at the banks AGM after they have announced that once again they have made £xbn profit. The big 5 banks made £31bn profit last year. I believe that the banks made approximately £3bn in bank charges.

 

I don’t think the questions posed in my letter to the BBA should be anything they should hide behind when all I required was a written response penned in honesty.

 

Would it be possible for you to solicit a response from this organisation on my behalf?

 

I know that several members of the Consumer Action Group forum - http://www.consumeractiongroup.co.uk - have asked the same question of Ms Elson and Mr Mullen and as far as I am aware neither have had the courtesy to respond.

 

Perhaps you could bring this to the attention of Anne Snelgrove the member for South Swindon as you are probably aware has asked questions regarding these issues.

 

The banks and credit card companies are a law unto themselves having scant regard for the laws of this country (and indeed the OFT) and the majority of their customer base.

 

Fight the good fight and I look forward to your response.

 

EricTheRed

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mechs

mechs

Posted
Posted

Good on you Eric ....lets hope you get a better reply from him than we did from our mp he didnt even reply to our first email :(

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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  • 12 years later...
cakey

cakey

Posted
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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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