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    • Last June, 3.4m members received a £100 payment from the building society. Now they will be wondering whether the offer will be replicated this year.View the full article
    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
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NatWest claim diary


Tristan28
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Sent letter from library section requesting disclosure of information plue cheque for £10 to local branch of Nat West 4 weeks ago, have received no reply. Upon phoning local branch was told that the branch do not open their mail, instead they pass it on up the line, so the letter was only acknowledged on April 11th.

 

Asked member of staff at local branch for information on how long the statements would take, unfortunately they were unsure as my request had been passed onto their central records department (or something like that anyway!). When I asked for their phone number I was told they don't have a phone and I would have to leave the matter with the branch who would get back to me. Guess what, they didn't!

 

Not to be put off I got out 6 years of statements and a highlighter pen and worked out they owe me just short of £1000. I have now written to their customer relations centre in Borhamwood and look forward to a prompt response!!

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Indeed - never be put off by the fact the banks may have their own schedules.

 

This being YOUR claim, you stick to YOUR timetable.

 

No matter what they say, the DPA request starts the day they receive payment, not when they decide to open it!

 

Good luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Today received letter from Stuart Higley telling me to politely get lost. It wasn't even a personal letter it was one of those standard ones with the printed signature.

 

So moneyclaim is the next step? They still haven't provided me with the list of charges so I intend to report them to the information commissioner. To work out how much they oew me I've basically used a highlighter on statements and added it all up, plus interest. I think the amount is right, but do I need to check this before proceeding to make sure I get my facts right?

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You first letter was the "Initial" or "Prelim" wasn't it?

 

If so, when time limit has expired, you go to 2nd letter, The LBA (Letter Before Action) which gives a further 14 days.

 

Only if you have completed BOTH of these stages should you proceed to moneyclaim.

  • Confused 1

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Have now replied to the infamous stuart Higley with letter before action. They continue to charge me though, can I ask them to stop doing so until either NW have admitted they are in the wrong or the matter has been resolved by the county court?

 

Thanks for all the help and support, this website is fantastic!

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Well, you can ask!!!

 

But they will probably say no - because otherwise they would have to admit they are in the wrong...

 

Just keep adding any new charges to your claim - right up to the court stage.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Letter arrived today from Stuart Higley, this time though it was actually from him and not a computer! Regarding the issue about the information i requested under the DPA he apologises for the fact that I have heard nothing, "it suggests to me that your letter might not have reached its destination." He has offered to make arrangements for the DPA information but tells me that the bank would require another 40 days. On a positive note he has offered to absorb the charge!

 

the letter goes on to state that following a review of my account he feels that the charges are fair as they were associated with a lack of covering funds in the account at the time the items were presented for payment. He goes on to say that if I feel that any charges are incorrect that I should inform him of the date, amount and circumstances and that the charges would then be reinvestigated.

 

He concludes by saying that he has alerted Nat Wests lawyers and litigation department accordingly.

 

Do I now go staight to Moneyclaim? The letter above was a reply to my LBA? Without the information regarding charges I am unsure of the exact amount I am owed. Regarding the breach of the DPA, I spoke to the Information Commisioners office today who suggested that I write to Nat West and give them a further 7 to 10 days to disclose the information. If I do not get a satisfactory response in this time they will act on my behalf.

 

Any advice would be greatly appreciated, thank you.

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I suggest you issue your court claim (it will have to be N1, not MCOL) as a 2-parter, part 1 being an order under s.7(9) Data Protection Act 1998, part 2 the reclaiming of charges.

 

I am about to do the same with B/Card, as soon as I have had my claim ok'd by the man in the know. Once he has, I'll be happy to pass on the knowledge ;) .

 

That should make them sit up and take notice.

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OK, this morning (Saturday) a tatty brown envelope with statements hanging out and clearly visible arrives. the whole thing is held together with eleastic bands. the contents are my statements not going back 6 years as requested, but only to October 2002! So I am not much further in working out exactly how much they owe me, although i do have a pretty good idea. Inside the envelope is a screwed up letter signed 'pp' for the infamous Stuart Higley.

 

I have complained to the Royal Mail who said that the sorting office should have put the package into a sealed bag for security, but they also expressed surprise that NatWest would send confidential information in such a manner.

 

My LBA has been sent and replied to be Stuart Higley with a negative response. I have kept the packaging from the statements and photographed it before it was opened. Is this initself a breach of the DPA? Should I follow this up with the information comissioner or use it as another stick to beat NatWest with or both?

 

I'm planning to begin MCOL based on the sum I think they oew me asI don't think there is any point in writing to NatWest again to request the charges.

 

Any advice would be appreciated!

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It's now happened to a lot of people with NWB, it would seem that they changed their systems in oct/nov 02, and packages arrive in 2 lots. Keep on hounding them though, as it appears frm another poster that NWB are floudering a tad under the weight of all our demands, lol.

Phone them monday and chase it up. Phone them the day after, stay on top of it, every time, remind them the clock is still ticking. They seem to be complying so far, but they'll also forget you far too easily.

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Under my request for disclosure under the DPA what should I expect from NatWest other than statements? If they haven't send me what they should have I wouldn't mind knowing what I should have if that makes sense!

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You should receive notes of any action relating to your account such as phone calls, and basically anything anyone has done picking up your file to review it etc. Also, and more importantly, and manual intervention that was made resulting in any charges to your account.

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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