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    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system. The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see. The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system. I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
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billywonka

Help re Nationwide DD indemnity claim nightmare

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I have processed a Direct Debit indemnity claim with nationwide for a number of unauthorised Direct Debits from the one provider.

 

whilst going through some bank statements before my house move I noticed that there were monthly payments of £28.00 coming out of my account for 3 Mobile.

 

I do not have a contract or any dealings with 3 mobile neither do any other household members;

my nationwide account is also in my sole name and not joint.

 

the £28.00 per month payment has been deducted between 01/11/12-03/11/15.

With it being such a small amount I had never noticed the payments coming out till I was going through old paper work when moving house

 

- I called Nationwide and filed an indemnity claim as the payments were never authorised by myself

(I did also call 3 mobile however as I am not a customer with them they couldn't help)

 

I filed for the dd indemnity claim on 5/11/16 with an agent on the phone who told me it would be credited to my account by 7/11/16

 

- on the 8/11/16 there was nothing in my account

I called nationwide and they advised me that it would take 3-5 working days to process the claim and it should be sorted by then,

 

today I called them again and they have told me that all the information previous advisors have given me is wrong and they have 10 working days to investigate as they need to go through the archives to make sure these payments have not been claimed before and it also falls outwith their 13 month period?

 

I feel as if im being passed from pillar to post with them and no ones is providing correct information.

 

As per the DD guarantee I was made aware from 1st agent I spoke with that a DD indemnity provides you with a full and immediate refund?

 

What are the chances of getting this money back or is there anything else I can do to push this along?

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Totally agree

Should be immediate

 

Not sure who you're best target is?

FOS, I would guess

 

Give them a ring tomorrow


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Time to put your foot down, make a formal complaint to them. General rule is that they can sort this in 48 hours if its Nationwide. :)

Technically they were correct but I suspect something has gone wrong. You will deffo be able to get the money back

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I called and spoke to Nationwide again this morning

- advised them of the DD Gaurantee and quoted it word for word to the agent I had spoken to.

 

She then advised me that there are notes on the system regarding my previous phone calls and at this time there is nothing more they can do to help me as the bank are still "working within their timescales"

 

I asked the agent what the notes said and she advised me that "as the DD indemnities are outwith their 13 month period the bank needs time to investigate it,

 

they need to go through archives and the DD payments which were taken are no longer showing in my regular payments list

they need to check everything to make sure the payments haven't been claimed before and that the bank (Nationwide) will get their money back when the claim goes through.

 

Again at this point I reiterated the DD guarantee to which she again advised they can do nothing more as they have 10 working days to investigate the claim and suggested that I call back at the end of the 10th working day.

 

I then advised that if they have 10 working days to investigate and get the relevant information then the money will be in my account at the end of the 10th working day at the latest

 

to which she advised Im not going to say yes or no

- we have the right to investigate and will let you know the outcome.

 

I then asked to speak to a manager or complaints department as I am seeking advice from FOS and BACS regarding this

 

she advised there is nothing anyone else can do to help me as they are still within their timescales of 10 working days.

 

Can anyone offer any further advice

- feel as though im banging my head off a brick wall with nationwide

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I think they may be mis interpreting the rules, have a read here

 

https://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx


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My understanding is that you should receive a full and immediate refund.

The bank can then investigate and should they find you were not entitled to a refund, could reclaim any amounts back from your account.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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B

My understanding is that you should receive a full and immediate refund.

The bank can then investigate and should they find you were not entitled to a refund, could reclaim any amounts back from your account.

 

Yes that's exactly what im thinking Martin

- as the DD guarantee states if you receive a refund your not entitled to you must pay it back when the organisation asks you to

 

- doesn't matter who I speak to on the phone they are all unwilling to help me

- every time I have called I have asked to be put straight through to the indemnity department

 

when I quote the guarantee the agents I speak to seem to acknowledge this and agree it is correct but keep fobbing me off stating this only applies to current Direct debits which have came out recently

- as mines is from a while ago they need to investigate?

 

The agent I filed the indemnity claim with on the phone at the initial phone call was clearly able to see all the pmts which were made to the phone company and she was able to find another 3 payments which came out (my paper statements at home only went to a certain date)

 

she checked back a few months from the dates I gave her to make sure there was no others which were missed

 

- if they can see the payments were clearly taken from my account and I had not authorised them and the mobile company will not speak to me as I don't have an account with them

 

they are unable to find anything by searching my address and postcode, then what do the banks need to investigate?

 

surely they cannot liase with the mibile phone company as this will be a breach of data protection?

 

What exactly do hey need to investigate it is clear I never authorised these pmts and they are all showing on my statements?

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0300 1239123

 

Give the Financial Ombudsman a call


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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0300 1239123

 

Give the Financial Ombudsman a call

 

Will give them a call and let you know what they say - been doing a bit of research online and Nationwide seem to use the 10 working day tactic quite a lot

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Hang on wait... Yes i do remember something about the 13 months thing and actually i think they might have the right to take longer to do this.

 

But you missed my key advice!! COMPLAINT!!!

 

Email -

joe.garner@nationwide.co.uk

 

MD / CEO of NW, raise a formal complaint get a case handler to see it through to finish. That way stuff doesnt get lost

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spoke to them yesterday around 2pm

- requested to speak to their manager to make a formal complaint

 

 

- she took all details and logged a complaint and said she would look into this and call me back as soon as possible.

 

 

Had a call back within the hour advising the money would be in my account by 4pm and they apologised for the delay and mis information from other departments

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And was it back?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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half of it is back so far

- apparently they need some more time to get the remainder of it processed which they said should be sorted for close of business today

- they have refunded 18 months so far

- just the earlier ones still to be refunded which are from 2012-2013

- they have refunded all of the 2014/2015 payments

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Amazing how they suddenly find the account info when you threaten them with action and show them.you know your rights


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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So despite their 13 month "rule", persistence has paid off for you, well almost!!

 

Well done for sticking at it, it really does show that all they do is try and fob people off!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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:whoo:

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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