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    • Yes you can.....you appear to have a good understanding of the basic credit consumer law.....possibly impress the judge that you went it alone...plenty of Fast Track cases been fought and won by litigants here on CAG.   If you have the evidence...the argument....and the personality to convey .....go for it...think of the fees you will save not paying the barrister.
    • Hi FTMDave They initially requested £140 within 14 days. This has now gone to £182 after the initial debt collection firm took over (now back with CEL   The carpark had two options, pay-by-app and cash, we had n cash hence using the easier app. The app in the playstore has shocking reviews, im not the only one.   I wasnext going to get 'their hand' sent to me fromt he data controller, sending the following:   Dear Sir or Madam   Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )   Please supply the data about me that I am entitled to under data protection law  relating to myself. - All photos taken - all letters/emails sent and received, including any appeal correspondence earlier - A PDT machine record from 23/11/2019  of payments - A record of online payments made using the Google Playstore APP that day - all data held, all evidence they will rely on, and - a full copy of the PCN, NTK - a list of all PCNs outstanding against me and/or this VRN, and I will remind here that any claim must be for all PCNs, not several separate claims.   If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.   Yours faithfully    
    • You need to read some more and then some.......costs are restricted in Small Claims Track....have a read of the above thread...same scenario...and its getting close to a hearing now....squeaky bum time for them.
    • OK, we can help you.   A couple of questions first.  You blanked out the amount they are claiming.  Can you tell us?  I bet they have added Unicorn Food Tax to their claim.   Also, can you remember if this was pay-by-app-only car park, or if there were other payment methods?
    • ok if you don't get your from the court tomorrow there are blanks here to send   let see. no immediate rush.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Peter McNamara recording for court


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Hi

 

Does anyone have the Peter McNamara recording that I can get a copy of for court please. Would appreciate help as I'm preparing the document for court and need to post it today so would like to put on it I will be in possession of this tape/recording.

 

Thanks

 

Joan

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joan

 

the senior mods may have other ideas but i wouldn't get carried away with good wheezes like that, if i were you. the judge is there to decide on matters of law, not listen to the opinions of people like him, irrespective of how elevated a postion he held. the key thing is that these are penalty charges designed to deter you from breaching the contract and, as such, unlawful.

 

here is what they have to say on their website;

 

Lloyds TSB - Current account charges

 

If you make a mistake

We understand that everyone can make mistakes from time to time. This is why we won’t charge you fees the first day you go overdrawn without agreement, as long as you haven't done so in the previous 12 months.(Whoopee!)

 

the words "without agreement" mean that you are breaching the contract. i think it is an admission that the charges will override the existing agreement if you breach and are specifically to stop you or penalise you if you do. and that is what makes them unlawful as the law regulates this.

 

i only mention this as someone posted a reply from SC&M saying that they weren't penalty charges.

Newacre

LoydsTSB - £4,158.82 inc interest @16%

SARS request - July 06

Prelim letter - 19 Sept

Letter back saying how devastated all the lads at Head Office were to hear... - 31 Oct 06

LBA sent - 8th Nov 06(had to send a 2nd as Royal mail lost it)

Summons reg at CC 15th Dec 06

Nice letter saying that they would be refunding £750, no strings! 18 Dec 06

SC&M acknowledged service and will be defending claim in full - 4 Jan 07

25 Jan 07 transferred to mercantile Court with about 50 others

06 Feb 07 SETTLED IN FULL! - £4466(includes a bit extra interest)

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I'm confused!

 

Why do you need to take a radio clip recording to your bank ?

 

Sorry if I am being thick...

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Copying it onto a CD would be better than a DVD. When you download it, it should be a .MP3 extension. Use a program like Windows Media Player or the software you got with your CD Re-Writer. Its hard telling you exactly as each software is different.

 

Regards

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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  • 6 months later...

Busy with my bundle today. Only have until next Friday to get it in.

 

I've just listened to the discussion with Peter McNamara and read the comments on this thread.

 

My case is against Barclays so wonder if Mr McNamara's comments would be deemed irrelevant.

 

Secondly given a previous poster's comment that it is only an opinion and has no basis in law, is it worth including in my bundle?

 

I don't want to give the bank any ammunition to use against me.

 

Thanks,

 

John.

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