Jump to content


  • Tweets

  • Posts

    • 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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

TheNorthernWarrior v Northern Bank Ltd. ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6184 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've just been reading a few threads and Lickthewallfatboy, you have mentioned this word 'confidentiality' with the BOI. What does that mean? I also saw it in another thread and it was used in relation to the Ulster, it doesn't sound very nice or comforting.

Keep expecting something to drop through the letterbox, but naive ol' me hopes that the northern are quivering in their shoes. My only question on this was, when i received acknowledgement from my 1st letter from the bank mgr, he said i would hear from him in about 20 days. Then i got my receipt to my LBA letter and he's STILL investigating! These people are supposed to have sat a maths test to get into the bank, i have an abacus at home and maybe i should also look into a braille sheet? Well, 30th January is really not that far away and I've got to admit, I AM PETRIFIED.

nervous who is presently furious.

Link to post
Share on other sites

  • Replies 170
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

nervous-you should change your name to rather smug and cocky-cos that's how you'll feel when this is over-and around £4K to the good.

 

Don't let them dictate the pace-that is very important-if they feel they can influence you in this they will try to railroad you into what they want.It's all mind games!!

 

Don't worry about confidentiality clauses-they are legally unenforceable..

Link to post
Share on other sites

Hi LTWFB, i've just had an answer back to a query. I didn't know what the 'compound interest was' so i calculated the interest on my charges at 15%. The amount of interest charged on my overdraft. This wouldbe the amount i would be entitled to and not the 8% set by the court. Would you know offhand if the interest for the o/d facility is set at 15% and do i use this for the whole balance. If it was i am looking at over £7000.00.

nervous

Link to post
Share on other sites

I honestly don't have a clue on that.I just went with the county court interest,and was just glad to get my money back!!

Yeah, apparantely though, if the bank charges you whatever interest per annum on the contractual agreement of the overdraft ( say 15%) then , apparantely you use that instead of the Court's 8%. If that is the case, i could get over £7000.00! So i am getting my husband to phone up tomorrow to ask them what is the current interest charge for an overdraft facility. Whether i'll go through with it is another thing. Did you also know that you can include all costs such as -- recorded delivery expenses, prep homework ( for me it was over 17 hrs, to date to do copies for my statements, and research and the going rate is also £9.25p??? Well, i'm going to include that one for definitely in my court claim. Why not, they would do it to us.

nervous.

P.S. i'm not really as confident as i sound. I'm just ****** with the whole lot of them!

Link to post
Share on other sites

Nervous check that one out i DONT think you can actually charge costs i.e. paper work letters and such if you are going through small claims court as a litigant in person ! I think if you issue a civil bill in Northern Ireland you can charge these but you need the services of a solicitor as we as litigants in person can not issue a civil bill ! im no expert on the subject but have did a bit of reading on it i just thought i would point it out to you incase you messed up on your claim ! For peace of mind if i were you i would phone the civil processing centre in Laganside courts im sure one of the legal clerks could clarify the situation for you that way you will know what you can and what you cant claim keep us posted !

  • Confused 1

if my advice has been of any help to you then please click the scales ! Thank you :D

Link to post
Share on other sites

Nervous check that one out i DONT think you can actually charge costs i.e. paper work letters and such if you are going through small claims court as a litigant in person ! I think if you issue a civil bill in Northern Ireland you can charge these but you need the services of a solicitor as we as litigants in person can not issue a civil bill ! im no expert on the subject but have did a bit of reading on it i just thought i would point it out to you incase you messed up on your claim ! For peace of mind if i were you i would phone the civil processing centre in Laganside courts im sure one of the legal clerks could clarify the situation for you that way you will know what you can and what you cant claim keep us posted !

Hi paddym, thanks for your advice. I actually read it on 'teebum's thread. When his bank offered to settle he just threw in the additional costs there and then and they agreed. It wasn't written down he just verbally asked for it. I think i'll leave it and the compound interest, i don't want to have my claim thrown out when i have got so far on.

Link to post
Share on other sites

Hubby phoned the bank yesterday to find out how much was the interest on our overdraft and they said it was 11.74%. When he asked how much was the interest when we went over that facility, they said there wasn't a charge only the £25.00 referral fee. Well, as everybody knows that is a ***downright lie! When they sent us out a warning letter 2 months ago, it clearly stated in the letter, that we would be charged on a higher interest because we went above the consented o/d facility!!

So, does anyone know for sure, is the 11.74% interest ( the interest charged on an agreed overdraft) the one i can use instead of the 8% or if no, then i think i will just stick with the 8%. We need the money and if the claim is wrong on that , i certainly do not want it thrown out just for being greedy.

nervous.

Link to post
Share on other sites

I really dont know what to advise you to do but i will tell you what i did i didnt want to complicate it too much i was just glad to get my money back so just calculated the 8% allowed by the county court maybe someone of the moderaters on the site could advise you better but thats the way i worked mine out !

if my advice has been of any help to you then please click the scales ! Thank you :D

Link to post
Share on other sites

Hi everyone, BIG NEWS UPDATE!!!!

received letter today from northern.

Dear Mr. and Mrs.....

I refer to our letter of 2nd January 2007 regarding your dissatisfaction with the charges applied to your account.All customers are expected to conduct their account eithin the agreed facility and provide in advance for items presented for payment. If there are insufficient funds in the account to cover such items, the Branch may have little iption but to return items unpaid,attracting the charges you describe.

Having investigated the matter I can confirm that the fees you refer to were properly charged in accordance with our published tariffs and I have, for your convenience, enclosed a copy of our current Fees and Charges Explained leaflet.

As a gesture of Goodwill however, I am in this instance prepared to make a "one-off payment of £1000.00 in full and final settlement of your claim.

If you are in agreement with this, I would be grateful if you would call this office to acknowledge formal receipt before I can credit this to your account.

I have enclosed for your information a copy of our internal Complaint Handling Procedures. These procedures confirm how to pursue your complaint if you remain dissatisfied with this response and how to refer your complaint to the Financial Ombudsman Service if we cannot resolve this matter.

If we do not receive a response from you within eight weeks to the date of this letter, your complaint will be considered closed.

Thank you for taking the time to highlight this issue and for giving me the opportunity to address your concerns.

Yours faithfully

blah blah blah!

 

Well, first of all i only received one letter of acknowledgement because he didn't even mention my sole account which had been included in the charges. Would someone please advise how to address the letter of 'accepting the £1000.00 only in part settlement,please? I want to get this off as soon as possible. Also Tuesday, 30th January is the final day for allowing them to settle in full,otherwise i am filing online. Obviously, i will be going for a court claim because of the little that they are offering. Any advice,please???? Lickthewallfatboy?paddym?

nervous

Link to post
Share on other sites

something along the lines of "thank you for your kind offer of xx% of my claim.However,I must decline your gesture,and proceed to initiating my claim for the total amount originally indicated in my previous correspondence."

 

NOW you can hit them for 8% interest.Put it this way-and I've said this before-if YOU owed THEM £4000,do you think they would accept £1000 as full settlement?I don't think so....

 

tell them where to get off and get claiming!!

Link to post
Share on other sites

something along the lines of "thank you for your kind offer of xx% of my claim.However,I must decline your gesture,and proceed to initiating my claim for the total amount originally indicated in my previous correspondence."

 

NOW you can hit them for 8% interest.Put it this way-and I've said this before-if YOU owed THEM £4000,do you think they would accept £1000 as full settlement?I don't think so....

 

tell them where to get off and get claiming!!

Thanks lickthewallfatboy, now i start to file my online claim form on Tuesday? The 8% interest was already included, but i'm going to have to split the claim, won't i? Then do i have to go through another LBA for the rest of the money and file online again? I actually feel quite elated at this, because obviously it is a 'recognition' in a way, though the courts don't recognise this and nor do they.

Keep reading my threads, because i am nearer to Tues and i will definitely need help in the application. The 'bundle' that everyone mentions would be the statements, yes? nervous.:lol:

Link to post
Share on other sites

hello Nervous.

No...I received no letter as yet....Like I said before they have until 31st Jan or else.......

I think I was one day later than you, sending my last letter to them. So maybe there will be something in the post this incoming week.

I will keep you informed.

 

Kind regards

Clare

Link to post
Share on other sites

Okay all, THIS IS IT!! Today was the Northern's last day to correspond satisfactorily back. Hubby handed in my 'thank you, but no thank you' letter regarding their 'kind'offer of £1000.00 as full and final settlement. They could easily have answered it because he dropped it in first thing yesterday morning and little ol' bank manager had all day to consider it , so tomorrow is filing on line court day! I have to admit i am very nervous about this, but thousands have done this before me so i just hope that from now on every thing that i do is legally correct and completed by me when submitting all forms. Wish me luck and keep all eyes on this thread!!

nervous.

Link to post
Share on other sites

Good Luck Nervous, i'm on the same track with halifax today wass there last day, i live in here also so i'm trying to work out how to get the claim right in our court system and also what spreadsheet to use too for interest etc!!

Claim with Halifax Current Account settled for £2000 4th Jan 2007 :D

 

2nd Lba to halifax credit card sent 16th jan 2007 for £1200

S.A.R. request sent to mbna 3rd Jan 2007

S.A.R request sent to northern bank 3rd Jan 2007

Link to post
Share on other sites

I have had a number of issues with bank charges, on both my personal accounts and business accounts.

 

On my personal account - my fees amounted to close to £4000. I was only able to take a small claims for £2000. Which I did, the bank settled in full in about 2 weeks. I have since issued a further small claims for the difference.

 

In my opinion the banks are waiting until the last minute to settle. So hurry on through to the small claims, all the rest is just procedure of saying no.

 

Interest, should be at least 8% above base min

Link to post
Share on other sites

Hey guys, thanks for your support. I've just been reading Bankfodder's Global news regarding the banks in N.I. VERY interesting! especially the northern's. I never realised that they charged 29% for unauthorized o/d on the 'new' account which we switched to last year, thinking it would be cheaper???!!!

They are getting away real cheap! I am only charging 8% interest and if i had the patience i would be sitting down with a fine tooth comb and totting up all the exceptionally high interest they have been charging us for x number of years. But i won't, cos if it's not done right, my case will just be thrown out of court! Tell me one thing , can i amend the balance of my charges as i am filing on line court, because after reading Bankfodders info, i actually left out about £300 plus and i don't think so, do you northern t***!

Tomorrow is D DAY!!!

nervous.

Link to post
Share on other sites

Hi nervous,

 

Just want to wish you the best of luck, will be watching your thread with interest as I too bank with the Northern and am reading around subject before I send my S.A.R. Loads of charges I know over last six years. Did you open a parachute account?

 

Gail

Hi, Gail, no i haven't opened a parachute account. I got all the paperwork but just haven't got round to it yet. I still think a part of me thinks that they might not close account especially after Which? magazine has compiled a report on the banks bullyboy tactics.

Good luck

nervous.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...