Jump to content


  • Tweets

  • Recommended Topics

  • Posts

    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
    • Lawrence Stroll, executive chairman of Aston Martin, told the BBC he wants to build a firm with a "luxury profile". View the full article
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 33 replies

Legal Statute advice needed...


Please note that this topic has not had any new posts for the last 5421 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Firstly I'll explain my case so far, I wrote to Phil Beaumont at HSBC a couple of weeks a go to claim £1288 in charges and yesterday received the following reply -

 

------------------------------------------------------------------------------

"The bank does not agree with your contention that the charges that have been imposed are unlawful and are therefore unenforcable. The contract between the bank and its customers is governed by our Personal Banking Terms and Conditions. In respect of overdrafts, I would refer you specifically to clause 7.11 in section2. If you authorise a payment that would, if met by us, lead your account going overdrawn or over an agreed limit the bank considers whether or not to make this payment and a fee is payable for this service.

 

Our fees and charges are clearly stated in our published price list and the circumstances in which these charges will apply are clearly set out in our terms and conditions which you will have been provided with a copy when you opened your account.

 

Whilst I accept that this letter will not provide the response that you hoped for, I trust I have been able to clarify the banks position. If you are not satisfied with the bank's response you should now refer your complaint to the Financial Ombudsman Service, as this represent our final response on this matter."

-------------------------------------------------------------------------------

 

 

I plan to reply to this letter quoting any passage I can find in a legal statute that refers to the legality of disproportionate charges and asking for proof that these charges are not disproportionate. Any advice on where exactly to find such a quote? I've had a brief look at the statue library on here but have been unable to find anything so far.

 

Thanks for any help you give me.

Link to post
Share on other sites

To put it simply - it's not your job to prove them wrong - it's their job to prove themselves right. And that's what the Court process is there for.

 

I'd recommend you follow the process and letters in the FAQ, and if HSBC's intransigence is such that you have to issue proceedings against them, so be it.

 

You do not have to provide them with statutes - they have very expensive legal teams and know them already, I'd guess. They're stalling. Set your agenda and stick to it.

 

BC

Never knowingly underweight

Link to post
Share on other sites

Te next step is to send the prelim letter. If you want more info on the legaility of it all read through the FAQs (a couple of times if you've the time) and it's all in there. Using the template letters is the best option. If you start to compose your own you risk mesing things up (unless you are solicitor in the banking field:)). The letters have been written to be effective and so far have proved to be.

 

Neil.

Link to post
Share on other sites
To put it simply - it's not your job to prove them wrong - it's their job to prove themselves right. And that's what the Court process is there for.

 

I'd recommend you follow the process and letters in the FAQ, and if HSBC's intransigence is such that you have to issue proceedings against them, so be it.

 

You do not have to provide them with statutes - they have very expensive legal teams and know them already, I'd guess. They're stalling. Set your agenda and stick to it.

 

BC

 

Thats not entirely accurate. Usually in criminal cases it is a case that the accusing party (the crown) must prove the case against the accused. However, in civil cases, there is a principle that 'he who accuses must prove'. In the case of bank charges you have to prove 1) the charges are penalties as appose to a genuine pre-estimate of loss, 2) they are unawful in some way but statute, regulation or case law and 3) by proving 1 and 2 you have suffered loss so have a right to be compensated.

 

If you simply went to a Judge and said 'the charges are unlawful' he wouldn't ask the bank to prove they weren't, he'd expect you to prove they were.

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

Link to post
Share on other sites
  • 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

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 5421 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...