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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • 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 then 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. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  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.
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HB paid into old account


jacchris
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Hi

 

I updated my bank details via letter and phone call with local authority for my housing benefit payment, I also called 7 days from date of change to ensure that the payment would be credited to new account.

 

Despite LA confirming new details etc the payment was made to the old account, £150 of this amount was swallowed up on bank charges. The bank won't refund any of these payments and now I am in rent arrears.

 

I complained to LA and received a letter of apology in which they recognise the error and apologise for poor service received, they also claim that despite the error being their responsibility there is nothing else they can do.....can they do anything else?

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How had you left things with the old bank when you opened the parachute account ? Had you agreed a repayment plan or written asking for them to remove the charges citing hardship ?

 

I would have thought the LA could have recalled the payment - but not sure about that. I will try and find someone who can help/advise.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I doubt the LA will be able to recall the payment.

 

You could try asking for: -

  1. a Discretionary Housing Payment
  2. compensation via official complaint route

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Ah righto.. I don't know what else you can do with that bank..

 

As regards the HB, I have left a message for others on the site team.

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi jacchris

 

You've got proof that your local council made an error that has caused you further 'hardship'.

 

Lodge a formal complaint with the LCO, explain what's happened (sent the money to the wrong account) , how the council have let you down (made error that resulted in payment being swallowed up by charges) and what you want them to do (compensate you).

 

http://www.lgo.org.uk/making-a-complaint/

 

--------------------------------------------------------------------------------------------------------------------------------------------------

 

It really doesn't matter if the bank has refunded charges before.

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (payment made to wrong account), how they have let you down (payment swallowed up by charges) and what you want them to do (refund charges).

 

Explain that the banks actions go against the key principles of the Lending Code:-

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

Send it to the CEO, his/her email address can be located online.

 

Let us know how you get on.

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How soon did you notice the money had gone into the wrong account and make contact with the LA ?

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I had a sort of similar issue last month, but involved me paying money online into the wrong account.

 

I naturally thought I'd get the funds back in this case £125 & be able to send it to the correct account.

 

So I rang Barclays & asked them to return the funds back to me, as it was simply a case of me boobing up.

 

Barclays told me, that once funds have left & gone into A Another account they legally cannot go into that account to retrieve the money. They cited data protection & regulations that governed this.

 

They told me to contact the person who received the funds & just ask them for it back.

 

Nice & simple right?

 

No, as first of they legally don't have to give the money back to you & all depends on if they want to return it back.

 

In my case the persons account the £125 went into, they were willing to give me back the money BUT they were OD at the time to the tune of £123. So I had inadvertently cleared their OD & their account showed a £2 credit.

 

So the A Another rang Lloyds to see if they would be willing to send the £125 back to me as I had paid this money into their account in error.

 

Lloyds checked & came back with NO, as the account was OD so no funds available & that even though I'd made a mistake they could not retrieve money in any case. Citing same rules as Barclays did.

 

I lost my £125.

 

I also found out from both Barclays & Lloyds that even if someone paid say £10.000 (or any other kind of sum) into my account by mistake, they have no way of legally going into my account to retrieve the money or either making me return the money back.

 

Once the funds are in that's it!

 

Expensive lesson for me to learn but it could have been a whole lot worse..

 

It sucks as I had to pay out the £125 again as well (to correct account this time). So I double check from now on!!

I don't suffer from insanity, I enjoy every single minute of it!!

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I had a sort of similar issue last month, but involved me paying money online into the wrong account.

 

I naturally thought I'd get the funds back in this case £125 & be able to send it to the correct account.

 

So I rang Barclays & asked them to return the funds back to me, as it was simply a case of me boobing up.

 

Barclays told me, that once funds have left & gone into A Another account they legally cannot go into that account to retrieve the money. They cited data protection & regulations that governed this.

 

They told me to contact the person who received the funds & just ask them for it back.

 

Nice & simple right?

 

No, as first of they legally don't have to give the money back to you & all depends on if they want to return it back.

 

In my case the persons account the £125 went into, they were willing to give me back the money BUT they were OD at the time to the tune of £123. So I had inadvertently cleared their OD & their account showed a £2 credit.

 

So the A Another rang Lloyds to see if they would be willing to send the £125 back to me as I had paid this money into their account in error.

 

Lloyds checked & came back with NO, as the account was OD so no funds available & that even though I'd made a mistake they could not retrieve money in any case. Citing same rules as Barclays did.

 

I lost my £125.

 

I also found out from both Barclays & Lloyds that even if someone paid say £10.000 (or any other kind of sum) into my account by mistake, they have no way of legally going into my account to retrieve the money or either making me return the money back.

 

Once the funds are in that's it!

 

Expensive lesson for me to learn but it could have been a whole lot worse..

 

It sucks as I had to pay out the £125 again as well (to correct account this time). So I double check from now on!!

 

I have done similar, instead of paying £10 I added an extra 0.

I rang/wrote to my bank along with the company I overpaid, explaining that it had left me in debt it got me know where.

I contacted CAB and they said the same, the onus is on US and not to any outside company/person whatever.

Only if the company take extra from your account without notifying you can you claim it back (depends if this falls into that category) I suspect not as a bank can take money from your account (if within the same ownership) to pay off money they are owed - that is why it is advisable not to have all your money in one account, look at opening a post office on line account.

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Hi

 

I contacted LA @11 am on the day the 'error' was made, I asked if they could recall the payment as it had only been a matter of hours but they said this would not be possible instead they informed me on the call this was now an issue with me and the bank to settle, they advised this would be no problem as it woukd be illegal for the bank to use a housing benefit payment/rent cheque to reclaim charges?

The bank of course claimed that the charges were lawful and that any money credited to the account can be used to reclaim/recoup the full amount.

Thanks

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Hi

 

I contacted LA @11 am on the day the 'error' was made, I asked if they could recall the payment as it had only been a matter of hours but they said this would not be possible instead they informed me on the call this was now an issue with me and the bank to settle, they advised this would be no problem as it woukd be illegal for the bank to use a housing benefit payment/rent cheque to reclaim charges?

The bank of course claimed that the charges were lawful and that any money credited to the account can be used to reclaim/recoup the full amount.

Thanks

 

Your in a no win situation, as I was last month.

 

I lost my £125 & had no way of retrieving it back. The Bank charges swallowed up both our monies!

 

I'm sorry to hear that your in same boat as me, it's horrid & unfair!!

I don't suffer from insanity, I enjoy every single minute of it!!

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