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    • I have a question please about Planning permission   Is it the managing company , in this case Intu management limited which mages the Merry Hill centre that needs to apply for permission to erect the parking signages and ANPR or is it the parking company Bank Park which has to apply to the planning and town authorities   In effect, should it be specifically  the PPC who applies for these kind of permissions from the relevant authorities?
    • Thankyou Dx100    Your awesome    'and all those are within that merry hill complex great no need for anything more then.'     My Reply:    All these transactions belong to retailers who trade at Merry  Hill. Hand on heart, the bank statement doesnt specify for every transaction if its the branch at Merry Hill or not. The Nandos transaction does specify Merry Hill on the bank statement, but MacDonalds, BM , Costa..etc transactions on my bank stateeent dont specifically show whether  it was at the branches located at merry Hill or not       'so i cant see anywhere on their signs that says max 4hrs, other than in their WS but we'll assume it must be'   My Reply:     The only signage with the 4 hour overstay period is on page 15 of Exhibit 2 of the claimant WS, so there is one out of the 8 signages showing that 4 hour limit       ' so... if you were to plot where each shop is using their signs map i bet several are no where near C3 so you must have driven around'     My Reply:    totally agree although need a magnifying glass to read their map lol         'might prove to the judge you have obviously now done your homework!! rather than following crap on the internet '   My Reply:    But I actually haven't followed anything on the internet. This was all written based on my logical deduction. For example, I think I am reasonable in stating in my WS that the Claimant has just supplied at least 8 signages and this appears more like a widely used template for this site that they use rather than specifically just supplying the signage in relation to the contravention ie the 4 hour maximum overstay. Is it not reasonable to state in the defence WS that the Defendant finds this confusing as he is not sure to which of the 8 signages the claimant is referring to, especially where some of them dont have a maximum time period on them    
    • and also please complete this we don't know any details other than CP+   Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group
    • and BC are not aware you have now written proof of termination?
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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/
      • 49 replies

8 years after F&F settlement can I claim overcharges?

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Hi all,


i hope you can help help with this.


Lloyds have written to say that they failed to issue me with correct statutory late payment notices in 2010 and so they owe me £52.47 which they have used to reduce my balance.


The account was paid off in 2011 by way of a 40% full and final settlement and the account marked with the credit agencies as partially satisfied.


As the overcharging occurred prior to the 40% F&F agreement am I entitled to claim a partial refund paid directly to me or would that contravene the F&F settlement?  Do other factors come in to play?






Edited by sarinder
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you still owe them their money regardless to a PS via an F&F.

now if they'd sold the debt on

things might be different.


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... 

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