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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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 does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Garu vs Nationwide


Garu
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Just a quick first post (hello)...

 

Not started proceedings yet, just researching before I launch the assault.

 

In the past six years, Nationwide have taken at least £4324 from me in charges. However, I am six statements missing, does anyone think it's worth going the DPA route for these, or should I just estimate to £4999 (to keep within small claims) and let them worry about downsizing it?

 

(estimating figures based on months close to missing statements (they are scattered) it's quite believable it will be just over 5k, but I assume it's better to get 97% of something than 100% of nothing.)

 

My (current) thinking is that I will be going for their contractual unauthorised overdraft rate of 1.87% per month, and compounded.

 

I also have statements \ charges beyond 6years, but I think I'll go for the "easy" under 5k \ under 6yrs claim first.

 

Thanks for reading,

 

G.

G.

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Hi Garu!

I would send a S.A.R. for ALL your charges and associated interest, since the start of your account with the Nationwide.

The longest it should delay U would be 40days...but it has taken others a lot less time to get their statements.

U will be able to claim back your £10 when U submit you claim.

It's up to U if U want to split your claim e.g 6yrs + more than 6yrs.

Some others have and won...some haven't and also won.

Likewise, some have claimed for more than £5000 and won via the Fast Track and others have played safe and Underclaimed, so as to keep the re-claimed figure within the Small Claims threshold and have played safe.

I agree with U that the Compounded Contractual Unauthorised O/D % Interest Rate (24.9% APR) is the correct one to Charge Nationwide for UNLAWFULLY Borrowing your money.

...However, Banks compound their interest Daily...NOT monthly!

Just put the 24.9% APR and your personal details into the following spreadsheet (courtesy of Mindzai) and it's all done for U.

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

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Mini update, went to create a parachute account today, failed credit scoring for premier account with a.n.other bank - makes little sense as borrowed nearly 10k in March to purchase a car with no problems, of which half is paid (no lates etc) and several thousand to deposit with new bank.

 

Head office offered lower account, I guess I need somewhere to put my money when nationwide close this one so will probably accept. Alternatively, girl in local branch was surprised by refusal and says she wants to appeal to underwriter, so all may change yet.

G.

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Hi Garu!

 

Try looking at your Credit Report via the Experian free 30 day trial (U can cancel within 30 days) web page...It may reveal hidden credit problems?!

 

A+L (...I assume it's them U applied to?) may think that U are too over-exposed with your current borrowing levels to be able to offer U their top % interest paying account (...wih low % level O/D). Being the best value current account, they may just be being picky?!

U could always re-apply for their top account after a few months of banking with them with the account they've offered U?

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Hi MTM... (need to spread around the rep before I can give you more, I did try!)

 

Yes, I think I will do just that, take the lower one and then try and move up in 3-6months. Ulitmately a) I want my money from nationwide and b) I will need somewhere to put it \ my salary, so a few less perks \ interest rate isn't the end of the world.

 

Or, I can stay with all the perks of Nationwide, and they can keep my £5k.... I think not :D

 

(I do need to get my credit report sorted)

 

Thanks again.

G.

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Credit report checked, no nasty surprises.

 

We have one default, £85 of all things in May 2001, but marked as satisfied so nothing more we can do about that. I guess we will see an upturn in June 2007 when that drops off our credit history and we have no defaults etc.

G.

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Hi again Garu!

 

Credit report checked, no nasty surprises.

 

We have one default, £85 of all things in May 2001, but marked as satisfied so nothing more we can do about that. I guess we will see an upturn in June 2007 when that drops off our credit history and we have no defaults etc.

 

Just playing Devil's Advocate...

But what about the circumstances of the imposition of that DEFAULT?

There has been one or two CAG Members who have threads that detail their progress about having had their defaults removed earlier than 6yrs!!!

Up to U if U want to wait until June...

(...or could be even longer dependant on when the particular account gets updated!!!)

...Or U may just want to get your life back before then???...lol...:);)

 

Hope this gives U further food for thought?!

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Hmm.. I like your thinking!

 

It wasn't Nationwide that placed the default but a CC company, how would you get a third party to accept it "wasn't your fault" and remove it?

 

I'll do a search! Thanks again!

G.

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Okay, done a search, seems there are ways of requesting a bank to remove a default if they applied it as a result of charges.

 

Also, seems there are ways of removing a default in isolation, but they are unrelated to charges that may have caused this.

 

I'm going to put that "on the back burner" and concentrate on the bank claim.

 

I am going to send my prelim letter, I note that you should not claim for 8% until court, but as I am going for contractual compound do I mention this in my first letter, or wait till court?

G.

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If the default is in relation to the bank charges then it would be a good idea to conquer the two at the same time.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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If the default is in relation to the bank charges then it would be a good idea to conquer the two at the same time.

 

I agree, if it was the bank that applied it, but I cannot see GE capital agreeing to remove it on my stating "it's all nationwide's fault".

 

It expires in May anyway.

G.

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Happy New Year Garu!

Contractual Interest has to be claimed in the Preliminary letter and U have to mention it at each letter stage, so that the Bank has a chance to pay it or dispute it.

Just enclose an updated version of your spreadsheet with every letter to let them know where your figures are coming from.

Hope this helps?!

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Created my own spreadsheet so that, should it come to court, I have no problems explaining the charges interest.

 

Have created a letter based on templates here and on the money programme site, so I fully understand what I am asking of them.

 

It is also an LBA, in my opinion there is little point giving them 14days, then another 14days, when both first letters are asking the same, and we know will get the same response. They have 14days to pay back *my* money or I will file in court, and quite prepared to step into the courtroom if they wish.

 

Sent off this morning.

 

(I decided against sending off a S.A.R - (Subject Access Request) as I only have a couple of statements missing and 40days will "cost" me a month or two's worth of charges back at the beginning of my claim.)

G.

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Created my own spreadsheet so that, should it come to court, I have no problems explaining the charges interest.

 

Have created a letter based on templates here and on the money programme, so I fully understand what I am asking of them.

 

It is also an LBA, in my opinion there is little point giving them 14days, then another 14days, when both first letters are asking the same, and we know will get the same response. They have 14days to pay back *my* money or I will file in court, and quite prepared to step into the courtroom if they wish.

 

Sent off this morning.

 

(I decided against sending off a S.A.R - (Subject Access Request) as I only have a couple of statements missing and 40days will "cost" me a month or two's worth of charges back at the beginning of my claim.)

I would be interested to see how you get on with only sending one LBA.

 

Not heard that one before !!

 

Just to confirm, have you just sent your LBA or your Court Action ?

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Not filed court yet, giving them opportunity to pay me back my charges and avoid court costs.

 

Whether or not they have the sense to do that is another matter.

G.

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Hi Garu!

 

Have U read some other CAG member's threads that have had their Claims severely delayed during the Court stage, cos Banks have managed to claim that they were NOT given enough time to prepare their Defence etc?

 

Methinks that trying to shortcut the well documented process may actually backfire on U!!!

 

Hopefully I'm wrong?!

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They will have plenty \ the usual amount of time to prepare their defence, I feel 14days is plenty enough time to make a decision whether or not to pay me back.

 

We both know what their decision will be.

G.

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