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    • Well I’d like to see it, but I respect the decision not to publicly upload something that someone could prepare better by seeing it.  Good luck with the outcome. Perhaps it could be shared securely post judgement?
    • going by your figures    £5239.50 was added to the £21k loan making the amount we borrowed  £26239.50.   so the PPIPCM% was: ppi/loan+ ppi*100=%   5239.50/26239.50*100=19.97% so lets call that 20% so 20% of any payment made on its date was PPI.   now you'll have to fill out the statint sheet as if you haven't yet been refunded then add in the payment you got on its date as a minus figure on the sheet on its date to the sheet   that will tell you whats outstanding from the refund   thus what you owe today.   dx          
    • Next you need to send off for a breakdown of the charges the Bailiff applied.  . Here's an example,  use and ADAPT at will and best sent initially by email backed up by a copy in the post. . "From: My Name My Address . To: Acme Bailiff Co Bailiff House . Ref: Account No: 123456 . Dear Sir . With reference to the above account, Can you please provide me with a breakdown of the charges.  . This includes: a - the time & date of any Bailiff action that incurred a Fee. b - the reason for the fee. c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at. e - the date of the Certification. . This is NOT a Subject Access Request uest under the Data Protection Act S7 1998  You are obliged to provide this information. . I require this information within 14 days. . Yours faithfully . Ripped off customer" .
    • well no you did tell them you'd cancelled the fact that you omitted to pay one extra dd after that date is somewhat immaterial now.   your problem is you've done all this by email. you now need to stop using email and block and bounce them totally   using royal mail send harlands a letter offer them one months payment as you cancelled the dd without leaving 30 days for the next  payment to be taken. but refusing to pay any unlawful admin fees.   if they fail to accept that. you ignore everyone.   dx        
    • not your problem   use the custom google search on the top right    pcn claimform get reading up on what is to come if they proceed. and no you don't need to add to your defence.   dx
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies

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I had an appointment for dental treatment last week. I parked the car, with a blue badge and 'clock' correctly displayed, on the opposite side of the road. This is an area previously covered by double yellows and had, 12+ years ago, been a service bus stop.

 

I am fully aware that no service buses have used this stop since the opening of a new Interchange down the road in 2006. It is a popular parking place for blue badge holders as it is a quiet stretch of road since the buses stopped running through there, other services with stands in the next street stopped using this area of town last year when a gap in the dual carriageway was plugged and traffic lights removed as part of other works taking place.

 

But, the council have since marked out a 'Bus Stop' at one end of the parking area and claim this is for a community transport minibus for the disabled. These minibuses have run for some years now and my understanding was they went a different way, dropping off and picking up on the other side of the road to where I was parked.

 

I contested the ticket. They've written to say no, I was parked in a bus stop and therefore have to pay. I disagree.

 

I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb, which I didn't see when I parked between other vehicles already there as it was raining heavily. I have checked, this work has been done in the last year. I used Google street view to see how it was marked last year, just double yellows although the whole stretch had green tarmac.

 

Before I appealed the ticket I checked with https://www.askthe.police.uk/content/Q388.htm and there is a single line which says under PLACES WHERE YOU CANNOT PARK, 'A bus stop during hours of operation;'. So as part of the 'informal appeal', as they term it, I had said "I have challenged (the council) to tell me the hours of operation for this stand". They have not supplied this information.

 

I am not against the disabled persons bus service, being a blue badge holder myself, but I question the legality of the stand being there. It is not for service buses and therefore would not have 'hours of operation' in that respect, meaning I complied with the information I obtained from the Police website. The community transport service is pre-booked, so by definition not a 'public service' bus as we know them. The 'bus stop' is therefore not in use for service vehicles and I was parked there outside any known 'hours of operation'.

 

But where do I get this sort of thing verified so I can make a formal request to the council for repayment of the PCN on the grounds I was parked legally ? I am paying it under protest as they double the amount if not paid within 14 days.


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You can ask the council fo a copy of the Traffic Order for that stretch of road, and this will tell you what the legal restrictions are. If it says bus stop, it's a bus stop, and you can't park there. The council aren't obliged to use it as a bus stop, nor provide details of which hours it's in operation. Check the Traffic Order and see what it says.

 

If it is indeed a bus stop, and you were there when it's in operation, the next question is whether it's correctly signed. Hard to say without seeing it.

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Thanks for the info. It does go against what i read on the Police site re. the hours of operation though.

 

I have contacted the council, rather convenient that the chap I need to speak to had left the office for the day and I need to call back. I'll see what the traffic order says.

 

I am a disabled person with COPD and other ailments so try not to go out of the house unless I have to, hence using the wife's car to visit the dentist. I can copy the Google street view to show how it used to be, but would need to go back with a camera to show how it's marked out and any plates displaying information. At present I can't go to do that as the car is in the garage to have a new clutch fitted.

 

I think the key to this is in your last sentence: "If it is indeed a bus stop, and you were there when it's in operation...". My concern is that it is not in operation as a bus stop at all but as a dropping off point for the community transport operator. I know check the traffic order... Waiting to get that.


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if buses havent run for a number of years then you can argue that the TO doesnt apply due to dereliction. this is an awkward one as you will have to show not only a lack of buses but also a lack of enforcement of the restriction.

I agree that the council saying it is for a drop off minbus service is a red herring but it may be that you should ask the service provider how many seats their vehicles have as that may show it isnt even a PSV of the correct class.

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I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb,

 

Check if there is there also a sign showing the times of operation. If there is, and you were parked during those times, it could weaken your case.

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The area was left with green tarmac after buses stopped running from there 12 years and I can see on Google street view that it was just double yellows up to last year's images, the latest they have.

 

The council have informed me, via my local councillor, that the bus stop was added quite recently. I have to agree that there is a thick yellow line at the kerb side and the 'bus stop' markings are there. Very difficult to miss in the rain, when parking between other vehicles that were there at the time. My local knowledge of over 20 years in the town was that no buses run down that street these days. I was totally unaware of the disability bus as these services have always stopped on the other side of the road.

 

I will be going to take a good look at the area on Saturday. I will check for any plates showing restrictions etc.

 

I just spoke to the council, and the man who arranged for the bus stop to be put there. There is no traffic order, they have not needed one since a change in regulations back in 2002. The area is defined as a 24/7 clearway bus stop and is marked up as such with the thick yellow markings. However, he has accepted that I may have a point about PSV against a community disability bus and the validity of the stop. He is unaware of any such restriction but will check and get back to me.

 

He says that the reason the bus stop has been (re) created there is that the disability service has grown over the years and the vehicles were causing an obstruction where they had been stopping on the other side of the road. It has been there since September (-ish) 2018.

 

He is also of the opinion that a bus is a vehicle set out as such with 8 or more seats and that there is no definition in the regulations relating to public service vehicles only. My point was that the disability buses are pre-booked, so not a 'public service'.


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. My point was that the disability buses are pre-booked, so not a 'public service'.

 

If the vehicle complies with s.1, Public Passenger Vehicles Act 1981, (more than 8 passenger seats, fare paying passengers etc.), it may be considered to be a Public Service Vehicle.

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