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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Barclays Offer!


haley
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I have wrote a letter to my bank requesting a refund for the total amount of xxx for unlawful charges made to my account and i have asked them to reply within 14 days accepting my request and to let me know a date which i will recieve my payment by.

 

The have responded in writing saying that they are sorry that i have had to contact them and that they are looking into my concerns and that they will have an answer or update by the 25th April 2006, which is long past the 14 days that i gave them originally.

 

Should i

a) accept this and wait for the repsonse by 25th April or:

b) just go ahead and send them the letter saying that they have another 14 days to reflect before i take action?

 

Thanks

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You set the timetable - keep to it.

 

Banks want delay to drag your claim out in the hope that you'll give up.

 

Which bank are you with, so that we can keep your posts in the relevant forum.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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As richardc says bank will try to drag it out - it can be intimidating to tell them you are incharge. Thats what they want you you'll find load of support here :-)

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

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

 

 

Reputation Points Always Welcome

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Haley, your post would also suggest that you have not done enough reading of FAQs and the forum. Please do so, so that you are fully prepared.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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I have wrote a letter to my bank requesting a refund for the total amount of xxx for unlawful charges made to my account and i have asked them to reply within 14 days accepting my request and to let me know a date which i will recieve my payment by.

 

The have responded in writing saying that they are sorry that i have had to contact them and that they are looking into my concerns and that they will have an answer or update by the 25th April 2006, which is long past the 14 days that i gave them originally.

 

Banks are obliged on FSA guidelines in their acknowledgement letters to a complaint to quote the maximum timescale they have to deal with a complaint. 20 days is what they quote but they actually have 40 days. They will deal with your complaint way before then.

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  • 2 weeks later...

Hi Folks,

 

All goin well so far... Barclays replied with an offer of £180 (as a gesture of goodwill) of the £486 I am claiming... this is the standard letter Barclays send out stating that they are sorry I feel the bank charges are unfair... blah blah... and they disagree with my leagl analysis... blah blah...

 

So, I will now move to the next phase of the claim...

 

Keeping ya posted

 

Dom...

 

Haley... had your letter offer yet?

 

threadhijacked.gif PLEASE START YOUR OWN THREAD AND STAY ON IT, THIS IS HALEY'S THREAD, HER STORY.

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  • 2 weeks later...

Hi everyone

 

Barclays have sent me a letter today offering me £375, but i have also sent the letter before action today asking them to refund me £875 plus £156 for interest charges and that if they don't pay in full within 14 days i shall be submitting a claim against them.

 

Has anyone been successful in refusing the first offer and getting refunded the full amount without having to go to court - i am a bit nervous now about the thought of having to go to court and am now thinking maybe i should have excepted the offer!

 

Haley x

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When you say Goto court, do you mean file a claim with the court or actually attend because as far as i know there has only ever been one case that went to court, a long time ago.

 

Personally, i would accept the refund as an iterim payment, but tell them you will still be pursuing the rest on the schedule you defined in your Prelim letter.. and action will commence unless the rest is refunded.

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Could anyone please draft me up a short letter to the bank saying that i do accept the first offer but i will also require the rest of the payment as requested?

 

Please

 

Thanks x

 

(Im not very good at writing letters)

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Try something like this...

 

 

Dear...

 

 

Thank you for your letter dated xxxxxxx, I do not accept your offer of £xxxx as a full and final settlement, but will in this instance accept this amount as an interim payment, against the full amount requested.

 

Please be advised I still request the full amount as final settlement as requested in previous correspondence. If a full refund has not been offered I will continue with a claim in court.

 

Not withstanding my comments previously, that I am shocked that you have operated my account in this way I had always placed my confidence in your integrity and expertise as my fiduciary.

 

I trust you will respond to the above, and look forward to such a response.

 

Would you also please advise when this interim payment will be made to my account.

 

Yours sincerely,

  • Confused 1

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Send that letter, but also stick to your 14 day dealine from when you sent the LBA.

 

looking at your interest charges, they look slightly high for the amount your claiming. Can you let me know how you worked it out please? I am worried you may of worked out the interest based on an 8% APR. If so, this is incorrect.

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Thanks very much for the letter thats a great help.

 

Yes i did work the interest out using the 8% on the spreadsheet, if that is incorrect what do you suggest i do as i have already sent the letter requesting that amount.

 

Haley

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Do you understand why the 8% is wrong?

 

If not, then, you can only claim 8% APR on monies owed if the case goes to court.

 

The interest which you are allowed to include before that time is the interest they have charged you on the charges you're claiming back, for example, if they have charged you overdraft interest for been over your overdraft limit, then that is claimable, but this gets very complicated to calculate as interest rates change throughot the course of the years.

 

You could just leave it and let them challenge. if it gets to filing a claim in court, then make sure you don't add the interest on again.

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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  • 2 weeks later...
Try something like this...

 

 

Dear...

 

 

Thank you for your letter dated xxxxxxx, I do not accept your offer of £xxxx as a full and final settlement, but will in this instance accept this amount as an interim payment, against the full amount requested.

 

Please be advised I still request the full amount as final settlement as requested in previous correspondence. If a full refund has not been offered I will continue with a claim in court.

 

Not withstanding my comments previously, that I am shocked that you have operated my account in this way I had always placed my confidence in your integrity and expertise as my fiduciary.

 

I trust you will respond to the above, and look forward to such a response.

 

Would you also please advise when this interim payment will be made to my account.

 

Yours sincerely,

 

Hi Neo

 

I sent the bank the above template that you drafted up for me, but they have just responded saying once again that £375 is there final offer out of the £1000 that im asking for back. Should i just accept now?

 

I am at at work at the moment, but when i get home i will send you a copy of the letter.

 

Haley x

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Hi there

 

I have received an offer of £575.00 from barclays after sending them a letter requesting my £1430.00 of charges. Your offer seems a little low.

 

When I rang and spoke to the person who sent me the offer( they included they direct number) I did say that the offer was not even half on the charges. He said that he was not prepared to increase the offer and I then said that I will have to start court proceedings and he said go ahead. I said that you do know that there is a precedant for this case and that I will win, he said the knows.

 

So I am now wondering do I send a new letter as I have more charges added since I sent the original letter or do I start a claim?

 

Any ideas?

 

Saida

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If their time, according to YOUR schedule is up, start your claim. I just filed my claim at moneyclaim online, it's a sod to get the exact number of lines or characters but it is doable, a tip though, copy the text you write and edit it in notepad (at moneyclaim online, while you are typing in your claim, as there is a timeout that may cause you to lose your entered text).

 

Rebel

vs Barclays Bank plc - £1670+interest @ 8% + Costs Concluded 24th June 06 - 5% donation sent

vs Bank of Scotland - £2226.42+interest @ 8% + Costs SETTLED IN FULL 6th Aug INCLUDING 8% pre court.

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Start the claim with all the new charges added on. If you can make it fit it might be worth adding a line after " The claimant claims the return of £xx levied by the defendant in the way of charges" saying "and any additional charges that are accrued prior to settlement".

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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  • 12 years later...

This topic was closed on 03/07/19.

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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