Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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 fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • Recommended Topics

  • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2017 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x DPA letters to Barclays Bank

9th October sent 2 x DPA letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

Link to post
Share on other sites

  • Replies 66
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Tony,

 

Please start your own thread in the Barclays Bank forum and use that to post any questions and progress reports.

 

Good luck with your claim.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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

LOOK! Free CAG Toolbar.

Follow link for more information.

 

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

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x Data Protection Act letters to Barclays Bank

9th October sent 2 x Data Protection Act letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

Link to post
Share on other sites

Ooops!! It appears I should have sent records of all charges along with the 14 day letters, this I didn't do. I have seen on other sites (penaltycharges.co.uk) that I should send copies of spreadsheets (dates & charges) to the bank and court to back up my claim, is this right?

Link to post
Share on other sites

  • 7 years later...

Back in 2007,

I took Barclays to court and won back all my fees.

 

However they were so long winded over finally caving in that some more fees were charged to my account.

 

I had started the process when the big 'hold' came into play.

 

After the banks finally winning their appeal,

 

I parted company with Barclays and moved to another bank.

the account has laid dormant all that time,

steadily increasing due to an O/D Protection fee coming out every month

and the interest added.

 

now I am going through all the statements and letters and about to write to them.

 

Ny qusetion is this,

 

Is an 'O/D' proection the same as a PPI?

 

It is now £24 per month but pror to about 2003 it was for £5.60 per month.

 

Can I go back to that and claim that as well?

 

Do I add interest of 8%.

Link to post
Share on other sites

yess to all you questions.

 

if you look at link I below

and the spreadsheet at the end

 

it should become clear.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you so much for your help.

 

One other thing,

 

I am confused over this 'miss-selling' label,

 

I was never sold anything, it just appeared on my statements without any input from me,

 

I did query it in a phone conversation when I first noticed it and told them to take it off, that never happened.

 

I was also self employed which I understand this 'insurance' does not cover.

 

Also do you know if there's any update with bank charges or is that still hopeless?

Edited by romanytony
Link to post
Share on other sites

if you have a browse in this forum

 

you'll see there are successes with Barclays on PENALTY charges

 

the mis-selling, is the fact they didn't 'actually' sell it to you

they just added it without your permission.

 

so thus was 'missold' - they never consulted you.

 

slick132 will be around later I expect

 

and cross T & dot i's for you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi RT,

 

Are you getting demands from Barclays about this a/c.

 

Is it showing on your CRA reports.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Not getting any demands, haven't for years, they tried to chase the OD once but I pointed out that they owed me more than I owed them and they stopped. All I get is the statement. I haven't used the account for years but they add OD Protection and interest every month, almost £50 per month.

Edited by romanytony
Link to post
Share on other sites

They are crooks, and I think Barclays must be the worst.

 

On my old claim they kept telling me that I would not win,

their charges were fair,

and if I took it to court and lost they would claim legal fees from me.

 

Three days before the court date they phoned and offered (as a gesture of goodwill) full repayment of all charges, plus interest,

if I would agree to a confidentuallity clause. I refused,

 

told it was my money and would not accept any conditions and told them I would see them in court, then hung up.

 

I sweated for 15 minutes, I was playing poker with Barclays bank and the stake was over £6000!

 

They phoned back and agreed to everything, paid it straight back into my account and no clauses.

 

One other thing, which is ironic,

at the start of the proceedings Barclays bounced the cheque which I had made out to the Small Claims Court for their own summons!

 

It was a real shock when the High Court eventually came down in the banks favour over bank fees.

It had a nasty smell of someone being bought to me.

Link to post
Share on other sites

Hi RT,

 

You say no demands for years. Is this more than 6 years - if so the debt will be Statute Barred.

 

If you reclaim the OD Protection Fees plus simple 8% interest, would the reclaim amount exceed the present a/c balance ?

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

The last letter I received from Barclays was June, 2008.

 

That was to inform me that my account was overdrawn.

 

Since then I have only received the monthly statements.

 

That would mean that it has just exceeded 6 years.

 

As far as I can see that is the last letter.

 

As for the fee's exceeding the overdraft, I have no idea yet,

If I can claim all the £5.60's as well as the £24.00 plus interest it may well exceed the balance.

 

A reply from dx100uk stated that a spreadsheet would be attached to his reply but I can't see it.

Link to post
Share on other sites

Could someone give advice on these issues please.

 

I wrote to Barclays back in 2008 stating that the account was overdrawn

but that overdraft figure was in dispute due to their charges.

 

I asked them to freeze the account until the matter could be resolved.

 

Since that time they have continued to add £24 per month OD Protection plus interest.

 

I have found an undated 'Termination Letter' from them,

however in the body of the text it gives a date of 2011 as a termination date.

 

I have read in forums here that you can only go back six years to reclaim PPI, so my question is this.

 

If the PPI was 'miss sold' (in my case it was just added to the account without my consent or input)

why cant I claim for the whole of the period?

 

I need to establish from what date I can work from,

 

second question is what spreadsheet should I use?

 

There are four that you have provided,

the first is for a 'one payment' fee, so which one of the other three do I use?

Link to post
Share on other sites

there is no time limit on PPI reclaims.

 

you either use the statint sheet

 

or if they have charged you interest on the PPI payments

the CISheet.

 

you need to input each PPI payment on the date it happened

on an individual new row.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

as slick has advise

you use the statint sheet

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

When you've done that, let us know how the reclaim value compares with the a/c balance.

 

From what you say re dates, the a/c could be Statute Barred already, or should become SB'd soon.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Now I have another question!

I am starting to use your spreadsheet and gone back to my earlyist records of O/D Protection fees.

 

I have gone from 1999 to 2006, and so far the balance is over £2200.

 

I have still to bring this upto date, so the end figure will be considerably more than this.

 

My question is this,

 

in 2006 my actual overdraft was less than the claim refund amount,

 

but I am getting 'Paid Referral' fee's of £30.

 

which I would not have had if the bank had not charged me O/D Proection.

 

Can I claim these Paid Referral fee's back?

Link to post
Share on other sites

My question is this, in 2006 my actual overdraft was less than the claim refund amount, but I am getting 'Paid Referral' fee's of £30. which I would not have had if the bank had not charged me O/D Proection.

Can I claim these Paid Referral fee's back?

 

No, there is a six year cut-off before you can claim those overdraft and paid-referral fees unless "you allowed the charges to be taken by mistake." I don't know what that means. http://www.consumeractiongroup.co.uk/forum/showthread.php?415783-Which-one-of-these-could-be-unfair&p=4507145#post4507145

 

ppi has no cut-off point iirc.

Link to post
Share on other sites

Thanks gigs, I forgot about the 6 year cut-off.

 

So I cannot claim back bank fees that were added to my account over six years ago, right.

 

But the account was last used by me on the 18 Aug 2008,

six years ago,

and has not been used by me since then.

 

The balance at that date was £1600 O/D.

 

Does that 6 year cut-off apply to that amount?

 

Since 2008 the bank has added PPI and interest to the O/D balance, bringing the current balance to £4760.

 

My PPI claim comes to £5329.

 

My head hurts tryong to work it out!

Link to post
Share on other sites

post up your spread pkease

 

if the charges would not have been charged due to the PPI being taken off to that point [date]

 

then barclays should address them.

 

there is no timelimit on PPI

 

and Barclays do cough on charges outside 6yrs if a court claim is issued

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...