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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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Seahorse

Seahorse v RBoS **WON **

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Any activity with your claim Snoops? Haven't seen an update for a while there.

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Good news. 1 down!!


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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HI. HAVE YOU GOT SANDY'S EMAIL ADDRESS?

 

WELL DONE WITH CLAIM

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Any activity with your claim Snoops? Haven't seen an update for a while there.

 

No movement yet Seahorse, every time I phone regarding the business a/c (which is now settled, just waiting for the dosh) they try to engage me in conversation about RG a/c. I just say i'd rather keep everything in writing for the time being!

 

Again, well done mate!

SM:p


Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Cheers folks.

 

However, I've just had a nasty suspicious thought. I was wondering why they haven't processed both claims. But then....

 

what if they are hoping I'll accept this smaller one, sign my life away in Full and Final, then turn around and say, yeas, but you've agreed not to make any more claims, so we're not paying this one.

 

I hope not, cos they'll get a bit of a shock. When I get home to reply to the offer, I'm going to make damned sure I cross out any reference to signing away my rights. In fact, I think I'll get the missus to scan and send me the letter, then write my own acceptance, and email it to Sandy.

 

Who's address BTW Nidge, is sandy.watt@rbs.co.uk

 

Nice girl, not averse to a bit of friendly banter. Doing a job which, in all fairness, I don't think she envisioned taking the route it has recently. I'm sure there was nothing in the job description about having your whole office filled with tons of paperwork waiting to be sent out to thousands of disgruntled customers. :D

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FWIW, I had two claims with RBS that ran outside of each other.

 

I sent them my own letter not only saying I didn't accept their conditions but also categorically stating (so as there was no confusion) that I accepted the offer for THIS account and not for my second account.

 

You can find it in my signature (RBS1) if you wish to read it. ;)

 

Still bumping around on the north sea then?

 

 

EDIT: Gah signature didn't appear, so I'll have to write this bit of garbage on the bottom to give me enough characters in my post for it to appear. :D


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Yup, literally bumping around, although the weather is getting better.

 

Already written my own letter, emailed to Sandy, and had it checked by her line manager. All good as far as RBS is concerned. So, signed PDF'd and emailed back to the missus to add her scrawl, and it should make last post this afternoon. Made sure they understood I was accepting on that account only.

 

Also stipulated which account it was to be paid into, as we're in the process of closing this account. Wouldn't want any more delays because someone was being a little bit silly. ;)

 

Also found out we've been hit with 100 odd quid in charges this month!!!! But she says, not to worry. If the branch won't sort it, her unit will.

 

RBS first for customer service after all, it would seem. ;)

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I'm in the money!!!!!

 

Just checked the old t'internet banking, and £2,220.76 is now sitting snugly in my account. HOORAH!!! 1 account down, 1 to go.

 

Although the bank will be getting most of it back to pay off my mortgage arrears. :(

 

Never mind. At least I can afford to sort that out now. :)

 

And it's nice to know, there's more to come. ;)

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well done seahorse!!

bottle of champers for u and the wife is called for!:D


additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Congratulations, celebrations ?


05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Well Done.

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Brilliant seahorse I love it I love it I love it!!!!!:D :D

sparkie1723

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And continuing the good news... just had an email to say an offer letter is in the post today for the other account. AND includes a rash of charges I got hit with in April.

 

Looks like May is going to be a total contrast from last month, and I'll finally be able to get back on my feet financially.

 

THANK YOU EVERYONE FOR YOUR SUPPORT AND ENCOURAGEMENT!!!!!!!

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WOW...FAN N N N TASTIC

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Yay!


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Well done & CONGRATULATIONS, Seahorse!! :D


Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Well, I am impatiently awaiting our postie's appearance this morning to see if my final offer materialises. But in the meantime, i received a letter yesterday from the FOS saying they've been in contact with the bank. I wonder if that's what prompted the bank into pulling their finger out? I hope not, as I'd like to think that Sandy has actually been doing her level best to get this sorted for me.

 

Anyow, this letter from the FOS has given me an opportunity to email the person dealing with my complaint directly, without having to rely on generalities from the FOS. So I have specifically asked about the 5/6 year discrepancy in limitations as relates to how the FOS will advise complainants to proceed in relation to any offer the banks might make to those on different sides of the border, as it seems to me that if the claim isn't actually going ahead to court, FOS might be able to bring pressure to bear on the banks to provide a level playing field for ALL claimants. At least then, I'll have it in black an white as to what to do with my pending offer, and will be able to advise other Scottish claimants accordingly, on the basis of fact rather than speculation.

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Well, so much for hoping for a definitive answer from the FOS. I don't know whether to feel encouraged by this email, or disheartened. And it doesn't really help me make up my mind one way or the other. SO, I guess it just boils down to whether I'm prepared to drag this out for another few weeks to see what happens, or take their offer when it arrives and cut my losses.

 

We are not able to say if you should accept an offer or not, that is your decision. However if you are unhappy with the amount offered by the firm you do not have to accept it and we can consider the complaint further.

I am unable to comment further on the merits of your case at this point. If you decide your want us to investigate your complaints further, this will all be addressed by our adjudicators carrying out the full investigation of your complaint.

Kind Regards

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If you are prepared to drag it on for a few more weeks I would let the FSO investigate, for these reasons

1. Even if the FSO said the offer was reasonable or generous, then you would accept it.

2. Even if they ruled it that it ws higher than they would have given , they do not tell the RBOS that fact they only tell you.

3 Every time someone makes a complaint against a bank whether they rule in your favour or not the Bank gets fined by the FSO. so it costs the Bank a little bit more, I heard it on the grapevine somewhere the stated fine is £250..... not much to a bank but if 50 people complain about one bank then its 50 times £250.

 

sparkie1723

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Well, the complaint is already in hand, so I guess the bank have been fined by now anyway. So it won't make any difference in that respect if I do drag it out.

 

Oh, well. I might be pleasantly surprised by their offer. Probably not though. And if I DO let the FOS adjudicate, then it will probably help others make up their mind too.

 

We'll see what tomorrow's post brings. If anything. ;)

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Seahorse

They only get fined after the case has been adjudicated on.

 

sparkie1723

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So how do things differ here then?

 

If you reject FF settlement then go to court, you're likely to be struck out.

 

How come you can do it with the FOS?

 

Just asking out of interest, I'm intrigued!


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hiya T4FF, Thanks for your posts on my thread,

 

The FSO decisions are not legally binding you do not have to accept his decision, just as you do not have to accept any decision of breaches of the Data Protection Act by the Information Commissioners Office.

 

But sometimes the FSO can and does award more than the Bank has offered but it's a step to take Before court action.

 

Tom Brennan and the Nat West is a good example they offerd him twice as much as his claim for £2000, in full and final settlement even paid it into his bank account without his permission, he rejected it and carried on to the courts. The rest is still developing.

 

In my court case against the RBOS they offered me £4000 in full and final settlement and I rejected it, still went to a 2 day hearing. But thats another story.

 

 

sparkie1723

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I am assuming that even before I accept or reject an offer, I can ask the FOS to adjudicate on the offer, as that might be deemed to be their Full and Final. And in any case, the bank's own 8 week period is well expired by now, so I could ask for an adjudication even without a full and final. And then accept or reject on the basis of their decision.

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