Jump to content


  • Tweets

  • Posts

    • Yep   Matt Hancock United Nations job offer withdrawn WWW.INDEPENDENT.CO.UK Anti-poverty campaigners protested over his role in blocking vaccines for developing world  
    • I hope you noticed that your posts have had to be restructured first of all my my site team colleague and then your second post by myself. Please can you present your posts properly spaced and punctuated. It's extreme difficult for people to follow when they are in solid blocks of text – especially when people using small screen such as telephones. Thank you. Please stand by for a fuller reply later
    • So far the declared value is confirmed and documemted the first Claim got agreed and they kept delaying saying the refund will show 5-7 days for BACS but that not true!   I VE been chaising this since 28th september, told on 2nd October I needed to send my bank details again as they seemed they got it wrong but not my fault yet they had it since 2nd October! Thats over 2 weeks! I   GET Money via bank bacs and from Europe and recently in 3 Days and in the UK its same day and instant!   They re messing me about and nothing else!   For contents its a Marshall  speaker small Bluetooth one value 127.99   And 2nd parcel stolen last week and an empty bag delivered yesterday for Marshall Headphones value 121.99 all sold via verifiable links and invoices and all fully covered to its value, and payment all proven as well as refunds.   The first claim was agreed but still no payment   2nd Claim had to file it yesterday and he re the empty bag!
    • Yes it will be straightforward – but you may as well give us better information so we can check that everything is in a row. What was in the parcels? When were they sent? Was the value correctly declared? I understand you had insurance.   Have you been formerly declined compensation? If so then what was the reason given?   Also, you need to spend some time reading up on the Hermes threads on this sub- forum so that you understand the way it goes. It is pretty well always the same. It's essential that you understand the steps and so it is essential that you do the reading. In addition to answering the questions above, please confirm that you have done the reading or the you will be doing it.
    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.    I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed   (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;   (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;   (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);   (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and   (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));   (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—   (i)to pay the unpaid parking charges; or   (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;   (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—   (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and   (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;   (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;   (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;   (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you were sent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) "   Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists   [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver.   So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS].   They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
  • Recommended Topics

  • Our picks

Business claim... here goes!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5307 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

Prelim letter sent today:

Account No:

Dear Sir/Madam,

I am writing to ask you to refund to me the charges which you have levied from the above-mentioned account over the last five years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

I calculate that you have taken £.in penalty charges and £ in debit interest bringing the total to £

I also request that any settlement should include compound interest at your current contractual rate of 29.8% from the date that each charge was first applied onto my account.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. I believe that this applies to unauthorised drawings by you as well as unauthorised drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable under the principle of mutuality and reciprocity, and is based on your unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

I enclose a schedule of the charges which I am claiming with this letter.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment

If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

I am aware that to date The Royal Bank of Scotland has failed to defend itself successfully in any court action, and if it were to follow in this case then RBS will also be liable for costs.

Yours faithfully,

I doubt they are gonna pay up so probably in for the long haul with this, fingers crossed any tips or comments would be most welcome....lets see!

First Direct ** WON ** :p

Link to post
Share on other sites

  • 1 month later...

Well, the standard "we are looking in to it" letter was received 2 weeks ago so today the LBA has been drafted and will be posted. 2 weeks from now, will probably be filing at court.

First Direct ** WON ** :p

Link to post
Share on other sites

Hi Bad Mother ( think you should call yourself GOOD Mother...smiles)

Wow! Thats no ordinary letter!.Its a frightener!

If I were them I would settle immediately......You certainly mean business!

 

I claimed against the Northern Bank on a BUSINESS account and was successful. They didnt settle till I filed against them in the small claims court but that was even better because I also got the statutory 8% interest!

I wish you well in your claim.

Glad to know more business people are claiming now.

Many think that the claiming back of penalty charges is only on PERSONNAL accounts but thats not the case.

Kind regards

Clare

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...