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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Malall v Natest


malall
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I called into my branch yesterday, to request copies of all my statements since I opened my Advantage Gold account with Natwest. I was seen by one of te supervisors, who asked me why I wanted copies and I advised that it was because I intended on reclaiming the charges I had paid on my account. The supervisor proceeded to tell me that this was just a myth and that I would just be wasting the £5 it cost to get the copies (nice try!). I replied saying that this was not a myth, mentioned office of fair trading and that I know people who have already been successful (my uncle has just received 6 years worth of Halifax charges refunded). To this I simply received a dirty look and the response that I'd find out that I was wrong, and once again that I was just wasting £5! £5 well wasted in my book.

 

Next she asked me what date I wanted my statements to go back to. I asked for everything back to when I originally opened this account, and was very surprised when she informed me that they had no way of telling when I originally opened the account and I would have to tell them when this was! I know my account was opened around March/April '04, so I have asked for everything they have going back up to January '04, just to make sure. Finally after a lot of moaning & trying to put me off, she wrote out the request form, took my £5 and has advised that I will receive the copies within 7 days.

 

Due to losing my job and being out of work for a month, as well as having to move house a few months later, I was stung heavily by Natest for honoring my smaller direct debits and bouncing the larger ones, as there was not enough money in my account. I even called them at the time to advise them of my situation, but was told that there was nothing they could do to help! At the time I was forced to sell my motorbike (my pride & joy!!) for much less than it was worth, just to cover the hundreds of pounds in bank charges that I received in the space of 3 months, which at the time, I just saw as a neccessary evil!

 

Over the 3 years that I have been with Natwest, I must have paid thousands in charges, and can't wait to find out exactly how much. Mybe it'll pay for a new bike for the summer...

 

I'll keep you updated on how I get on.

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hi malall, generally you send for your SAR(subject access request) to bishopsgate London, but if your branch will do it it saves a stamp:) .

The best thing to do now will be to read through the FAQs http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Just to get an idea of what happens next, and to read through other peoples threads,you may find other people have similar claims as yourself and you will find their threads very helpful as you go along

 

good luck and keep us posted

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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An interesting saga, however the bank, as you have learned are not really interested in the details. First step is to take you time and prepare an accurate analysis of your charges, then calulcate the interest. You will have to be patient and wait until you have all your statements, the process cannot be rushed.

Good luck.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Reading a few other threads, NatWest seem to hold out as long as possible, but I'm quite prepared to play the long game & see it through.

 

If you haven't already done so, read this while your waiting http://www.consumeractiongroup.co.uk/forum/natwest-bank/17630-shiebers-natwest.html

 

Persistence is the key and you will do it.

 

Paul

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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