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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Recall Charges - Can They Be claimed??


Tiffla
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Hi, People.

Still very new to this site although i am about to file my MCOL against FD.

 

The story so far

 

Received my statements, no problems at all (and free).

 

Sent my first letter requesting my money back (£2,000+).

 

FD offered me £600+ also saying that they are not prepared to consider claims for unpaid direct debits.

 

Sent off my LBA asking for the full amount but gave them the option of settling quickly for £1800.

 

After looking at my statements again, i realised that i hadn't claimed for any "overdraft fees", only the "excess overdraft fees" and "recalled s/o - d/d".

 

So, i wrote again asking for the higher amount of just under £3000 but again offered to settle quickly for £2800.

 

They replied to this by offering me £1400+ and still maintained that they do not look to refund recall fees. (this is almost half of my claim).

 

I wrote Mr. Kenaghan and accepted thier offer only as part payment, but i would be persuing the remainder through the courts and informed them that i would be filing my MCOL on 23rd of this month (today).

 

To my surprise this morning, i received yet another offer from FD for £1680+ which is a full refund of all my overdraft fees. But they still maintain that they do not review recall fees.

 

As my fingers are twitching over the MCOL site, i just wondered if anyone else has been fobbed off with this refusal to repay recall fees?

 

Shall i just go for it and claim the lot through the courts?

 

Any advice would be a great help.

 

Will keep you all posted!!!

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Hi Tiffa,

 

I filed my MCOL last week. FD gave me the same line about DD recall fees, and I decided to got the whole hog. The way I figure it is it can't cost them £37.50 per failed direct debit, therefore the charge is unlawful.

They made me two offers which weren't even 50% of my claim, now I've added 8% to my claim, and instead of them being able to settle for £3000, it's nearer £5000!

 

Stick with it

 

Dub

[sIGPIC][/sIGPIC]

 

First Direct - S.A.R - (Subject Access Request) sent 29/12/06

Statements recieved 15/1/07 - >£3000 owed

Prelim sent 16.01.07

Partial offer received 01.02.2007

LBA and letter rejecting paltry offer sent 02.02.2007

MCOL filed mid Feb 07

AQ 26th March

 

 

BoS - S.A.R - (Subject Access Request) sent 29/12/06

Statements received 1.02.2007 - Prelim sent 02.02.2007

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Can i just clarify something please? Can you reclaim Overdraft fees?? or is it just excess OD Fees?

 

Many thanks

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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I was fobbed off twice with lower offers and the "not prepared to refund recall fees" argument, but in the end I sent them a letter saying I was going to pursue the full amount and they had 7 days to respond and avoid a court case. They paid up within 4 days.

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Filed my claim at MCOL yesterday and claimed for the whole lot. With interest and court costs the total is just over £3,700.

Just a case of waiting to see how FD respond now.

Will keep you all posted.

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Good luck Tiffla. Hope they see sense before the filing a defence deadline. You seem to be at one of the crucial stages now so keep us posted.

 

best wishes

Claim against First Direct - WON - 29th March 2007

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  • 2 weeks later...

Hi,

I have just received the same reply from First Direct saying that thay will not pay recall charges and my claim is for £3308- the recall charges make up £1200 of that.I did't know what to do as the letter said that I wasn't entitled to these and therefore they would only offer £1700 I'm glad to see that I can reclaim them and will reply saying that. Let's hope they pay the full amount.Do I now just send a reply saying that the recall charges are unlawful and request they pay the full amount or I'll start court proceedings?:?

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Hi, Glad.

I didn't even mention anything about them being unlawful in my letters, i just detailed them in my long list of charges.

At the end of the day, a £37.50 charge for a failed direct debit is unlawful - so i want it back!!

Same as you, my recall charges make up almost half of my claim.

I completely took no notice of them saying that they didn't look to refund these charges, so i just carried on with my MCOL.

Just for the record, FD have acknowledged my claim (monday) so i'll just be sitting tight until they decide to defend - which i can only assume they'll do. No doubt they're just waiting until the last minute again.

Best of luck Glad, stick to your guns and don't let the to$$ers get you down!!

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Glad, if i were you i would just proceed with your next letter (should be the LBA) for the full £3308.

 

 

On a different note.....

 

Just received from Northampton Court, the Notice of Acknowlegment and a copy of FD's response pack.

 

Usual stuff - DG Solicitors intend to defend all of my claim against FD.

 

So, lets see what drops through the door between now and the 2nd April.

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Hi - Ive just come on to ask about the same problem, My claim was for £3,500+ and Ive had the letter today saying they are not prepared to review recall fees (37.50) of which more than half make up my claim, they have offered £1650.00. Reading your replies Im guessing I should refuse to accept saying I want the recall fees back too and carry on with the claim?

Any advice very gratefully received - Zoe x

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Hi, Zoe.

The best bet would be to accept their offer on the clear understanding that you will take them to court for the remainder.

Maybe FD are refusing to refund the recalled DD's because it's a nice little earner for them?

 

Best of luck.

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Hi - thanks so much for your advice - could you point me in the right direction for the correct format letter to send back please? (I know, I know - Im easily confused!!).

Thanks

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  • 3 weeks later...

Hoorah - your good luck wishes worked. We have been offered £3150 for the sole account and the total amount on the other 2 accounts too (a couple of hundred).

 

Thanks xxxxxxxxx

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