Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • AV89
      Debt collectors chasing Italian speeding fine

      By AV89 · Posted

      I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs beared to you. - May of this year, I get a letter from CLI (Credit Limits International) basically saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment.
    • dx100uk
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By dx100uk · Posted

      take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • jasowter
      2 disabled people need help for Final Demand by DCBL for 5minutes overstay

      By jasowter · Posted

      hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
    • xtonehari
      Excel Parking operator pictures PCN Disabled Parking at Peel Centre Stockport

      By xtonehari · Posted

      Hi Dave, I had no updates on this PCN since my last post in July 2019.  I received no further communications from the parking company.  I changed my address in May 2022. Thanks, I will send a letter to Excel parking to inform about the change in the address. 
    • Hamz909
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      I have a BMW Advanced Car Eye 3 Pro - I think it's 50/50  In any case, none of the documents / photos sent in the SAR showed a ticket on the car. 

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

maggiemay v YB

maggiemay48
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6111 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

caro

caro

Posted
Posted

What did the court order say? Do you need to submit a new AQ? Check exactly what it says.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
  • Replies 290
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

maggiemay48

maggiemay48

Posted
  • Author
Posted
What did the court order say? Do you need to submit a new AQ? Check exactly what it says.

 

Judge has that this claim is stayed untill 23 april to enable parties to attempt settlement, On or before 7may one of the following steps must be taken The claimant must notify the court if the bank have settled.Or the claimant or defendent must write to the court requesting a extension of the stay and explaining the steps being taken towards settlement and identifying any mediator.expert or other person helping with the process the letter should confirm the aggrement of all the parties. Or all parties must file a completed AQ at the court.Where a settlement of some of the issues in dispute has been reached. a list of those issues should be attached to the completed questionaire.The list must be agreed with the other parties and must indicate that has been agreed.

Link to post
Share on other sites
caro

caro

Posted
Posted

Right, so you need to submit another AQ by 7 May then as nothing has been settled, but there shouldn't be a fee for it, as you've already paid that.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted
Right, so you need to submit another AQ by 7 May then as nothing has been settled, but there shouldn't be a fee for it, as you've already paid that.

 

Caro do i ring the courts for this? And will they have one sent (the bank)

Link to post
Share on other sites
caro

caro

Posted
Posted

Yes both you and the bank should send one, but if the court didn't send one give them a ring and check with them.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted

I rang the courts I had to write a letter to them stateting i havent heard anything from the bank.Its up to the judge to decide where to go from here.Just waiting for a letter now.I did ring again They are very busy the lady said theyre are behind .Alot more people demanding money back form banks Will ring at the end of the week

Link to post
Share on other sites
happyolddog

happyolddog

Posted
Posted

Hi maggiemay.

 

When you submit your court bundle then put all charges up to that date.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

You may not be aware that you can claim beyond 6 years, please read in here.

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

Good Luck,

Hod.

Link to post
Share on other sites
Guest louis wu

Guest louis wu

Posted
Posted
When you submit your court bundle then put all charges up to that date.

Basic Court Bundle

 

I am not so sure this is correct. Its my understanding that unless you change your claim (can't remember the form number, but it costs £35 - non claimable), then your bundle should include everything that was mentioned in your N1 of MCOL form, and not anything extra that you want to add on.

 

 

 

When you get your charges back do they pay you all even the ones your being charged now? i am the stage where i am waiting to get a court date.Will they pay me the lot?

 

When the bank call to settle your claim (which they will at some point), mention the other charges and try to get them to refund you. If they refuse, then you will need to start the process agan and claim anything that has accrued since your last claim.

 

Best of luck

 

Louis

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted

Tried paying a bill yesterday.But it declined.Phoned the bank.They said my overdraft has been took off.I reduced it like they asked asked me.So i have to wait for head office to let me know if i can have it back or not.Well p...d off.Its there way of getting back at me.I am waiting for the judge to see which direction to go from here.As the stay is up.

Link to post
Share on other sites
caro

caro

Posted
Posted

Ooh Maggie, they are some sods aren't they? I know they had said they were going to review it, but this is out of order when your account is in dispute. Can I just ask if you were struggling to keep within your overdraft limit lately, or have had many charges?

 

If not this seems like retaliatory action to me, which is against the banking code.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted
Ooh Maggie, they are some sods aren't they? I know they had said they were going to review it, but this is out of order when your account is in dispute. Can I just ask if you were struggling to keep within your overdraft limit lately, or have had many charges?

 

If not this seems like retaliatory action to me, which is against the banking code.

 

I was struggling.But i had £450 that went in yesterday. so it brought me back up i think.But why do they have to ask head office?If i want to up my limmit i ask they usually put it up.They asked if i can reduce it.Which i did.My overdraft was £600.Now i got down to £400.Just waiting from head office to see what they say.I did write to the ombusman expalining i think i am being victimised.Cause i am claiming back my charges.They must have got onto the bank.Because the lad said to me this has nothning to do with you taking us to court.Its a review.Never had one before.So i am still waiting .Dont know weather to ring the bank again

Thinking about it i have had changes from working to going on incapacity benifit.

Link to post
Share on other sites
caro

caro

Posted
Posted

I think if I were you maggie, I'd open up a new basic account somewhere else, and get your benefits and any other money paid in there as quickly as possible, unless you have another account you can use. Then write to YB reminding them that the account is in dispute, and that they should not take any further action until the dispute is resolved.

 

I opened a Nat West Step account as a parachute account, but lots of banks have basic accounts, although you can't get overdrafts with them. Once your charges are repaid you can clear the YB overdraft once and for all and close the account.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted
I think if I were you maggie, I'd open up a new basic account somewhere else, and get your benefits and any other money paid in there as quickly as possible, unless you have another account you can use. Then write to YB reminding them that the account is in dispute, and that they should not take any further action until the dispute is resolved.

 

I opened a Nat West Step account as a parachute account, but lots of banks have basic accounts, although you can't get overdrafts with them. Once your charges are repaid you can clear the YB overdraft once and for all and close the account.

 

I have my morgage.Isa accounts. loans. pay all my DDs.My tax credit payed in.family alowance. incopacity benenfit.Every thing gets pay in here.I have opened a other account TSB.I am really peeved of what they have done.

Link to post
Share on other sites
caro

caro

Posted
Posted

I can imagine. I know it's a pain, but I was just thinking it might be worth changing banks anyway. Get YB off your back once and for all. It's up to you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted
I can imagine. I know it's a pain, but I was just thinking it might be worth changing banks anyway. Get YB off your back once and for all. It's up to you.

 

My morgage is with yorkshire bank.so are my loans.

Link to post
Share on other sites
caro

caro

Posted
Posted

Ah right. Just a thought.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
robingetz

robingetz

Posted
Posted

I've got a similar problem with these 'people'. They refunded my charges but paid it straight into my account, then reduced my overdraft by the amount they refunded. I only went overdrawn in the first place because of charges. I have already opened another account with a different bank and transferred everything over to that account, but I was expecting to get the refund by cheque so I could pay it in to the new account.

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted
I've got a similar problem with these 'people'. They refunded my charges but paid it straight into my account, then reduced my overdraft by the amount they refunded. I only went overdrawn in the first place because of charges. I have already opened another account with a different bank and transferred everything over to that account, but I was expecting to get the refund by cheque so I could pay it in to the new account.

 

Hi i havent had refund.Phoned the courts this morning.(They were on strike yesterday) The lady said this is the longest yorkshire bank case she has know.In there courts.I am still waiting for head office to let me have my overdraft back.Still heard nothing since monday.They have returned a cheque for my avon charged me £35. B------s. They said its nothing to do with me taking them to court.Yeh right!

I am still overdrawn by £185.I do have this money in a other acount.If they want this paying i will pay it I will wait till they ask..I live in my overdraft and they know it. Thats why they are being funny i think.

Link to post
Share on other sites
caro

caro

Posted
Posted

You need to specify how you want paying and can ask for it by cheque. They cannot impose conditions on the settlement, and that includes how they pay it.

 

Having said that, at least you no longer have the debt if it's been used to reduce the overdraft. I take it the overdraft was more than just charges robingetz.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
robingetz

robingetz

Posted
Posted

Yeah, my overdraft consisted more than charges, but the extra money from the refund would have been better for me and I could have reduced the overdraft by a little and had the rest for myself. Now they are reducing it by £50 a month until it is paid, out of spite I think.

Link to post
Share on other sites
maggiemay48

maggiemay48

Posted
  • Author
Posted

Phoned head office today.Asking about my overdraft.Guess what they said? Its nothing to do with us regarding your overdraft its your local branch, Who put it back on. I rang customer services explained what head office had said.She said i will put you threw to your branch.Then she came back to me.And said they are in the middle of putting your overdraft back on now.Yet they wouldnt speak to me (my branch) It was them all the time being awkward with me.They have till 7 may to pay out or write and explain to the judge why they havent settled with me.

Link to post
Share on other sites
sajabu2003

sajabu2003

Posted
Posted

Great news about the overdraft and here's hoping you get some good news regarding your court case in the next day or two :)

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

Link to post
Share on other sites
caro

caro

Posted
Posted

Glad your overdraft is getting sorted Maggie. I thought it seemed odd that Head Office got involved in overdrafts.

 

Just to let you know that if you are on benefits, and need your money for living expenses etc, you can send the bank a letter of appropriation listing what you need, and they have to let you have the money, as benefits are the minimum amount of money the Government says you need to live on. I've attached a link for you here in case you ever need it.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html?highlight=letter+of+appropriation#post289030

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...