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    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
    • and more immediate issues WT* is the UK doing. Ukraine needs these funds and weapons NOW Lets sincerely hope this isnt another Tory VIPal skimming issue.   MoD accused of ‘go-slow’ with half of £900m Ukraine fund unused | Defence policy | The Guardian WWW.THEGUARDIAN.COM Delays mean just £404m of the money donated by nine countries has been committed or spent  
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      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.

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    • 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
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Halifax not paying within time frame **WON**


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Hiya,

could anyone help me please?

I have recently agreed a settlement on my current account for £1978 which is the total amount claimed for (without interest).

 

My problem is,

I have a reducing overdraft arranged on my account.

 

Before returning my acceptance letter I discussed this with the Halifax collections dept

who confirmed that this arrangement could remain in place despite the charges being returned providing I maintained my agreement.

 

Yesterday I logged on to find that my overdraft had been withdrawn!!!!!!

 

I spoke to collections again who advised me that customer relations had requested the removal of the overdraft and even so,

any lump sum paid into the account other than salary would be taken to reduce the overdraft regardless of the arrangement!! I immediately rang customer relations who confirmed that they had made no such request and were not in the habit of removing overdrafts, merely settling claims. They are looking into this. I really want to stick with arrangement as I have more pressing debts to settle first.

 

Any advice? similar experiences?

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Hi

Try emailing their custoemr services with the situation. If you have an arranged over draft (and in process of reducing it through an arrangement) then i should imagine you will get the refund. They are breaking the contract if you have an agreement to reduce the O/D so tell them that.

 

Hope this helps

 

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Thanks mrsfoot! I too thought that and have told them so. The problem is collections and customer relation are two seperate departments and are contradicting each other. I also think it may be tactics to make me repay the overdraft sooner than the arrangement expiry. Does anyone have an email address for customer relations?

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Basically....

agreed settlement of charges with Halifax for full amount without interest.

I have a reducing overdraft facility arranged on my current account and agreed in writing to reduce at £200 per month plus interest. I confirmed that this would remain in place with collection dept prior to accepting in writing providing I maintained the agreement and that it could continue as agreed.

Logged on last week to find overdraft facility withdrawn - phone collections and said we can withdraw facility anytime we like, especially now you about to receive a lump sum! reiterated our agreement and was told customer relations had requested the removal ov overdraft facility and nothing to do with collections. phoned CR - no such request existed. phone back Collections - said decision stands, we can do what we like and wont be reversing the decision!

 

Can they do this even when there is an arrangement in place and confirmed that it would continue? I have more pressing debts that need paying first. Isnt this just a retaliation tactic?

By the way, overdraft stands at -£1491, claim is for £1972.

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Does it state anywhere that they reserve the right to recall all monies due at any time?

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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I will have to check it ou again but I'm quite sure that it says nothing of the sort. Just that that they agree to me reducing the overdraft by a set amount per month until paid. No other conditions.

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It is your money. Ask for a repayment by cheque. If you have an agreement with them to repay the amount owing, and you haven't defaulted against it, then I would do this, that way you can allocate the money how you like. If they are still being a bit difficult then try the" right of appropriation" letter in the bank template section.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Thanks for your replies...how do I use 'the right of appropriation' in this instance if it relates to benefits? Or am I missing something here? I have tried asking for the money by cheque only to be told that they HAVE TO pay through the account. Has anyone managed to do this as yet, and if so how did you manage it?

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FWIW

 

In the terms and conditions of your account it likley says they can request repayment of overdrafts instantly.

 

It probably says they have the right to offset from one account to another.

 

when it comes to the 'rights of approproaition' i am not sure that this willl help unless you are trying to protect income to pay bills live etc. I would be happy to be proved wrong of course.

 

If you are in a DMP or IVA the situaiotn would be different and you can argue for payment in totla to you by cheque.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Checked letter of agreement to reduce my overdraft - very simple...no conditions other than will charge me £10 for breaking the agreement.

 

Followed advice and sent 'rights of appropriation' today requesting to protect the refund in order to meet my living costs (mortgage / utilities / council tax).

 

Also CCA'd my 3 exiting accounts which currently have arrangements on them. Lets wait and see!

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Hi.. 14 working days now passed and I still have not had refund. Phoned them and they just said they are so busy and its taking longer. Should I start court action?

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14 days since what, the prelim or lba?

if it was the prelim then send lba

if it was the lba then start court action.

 

May i also say this information is very basic stuff and is easily found in the FAQ's, please have a read in there as this will help you in your claim.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

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Ok

sent prelim - received standard letter

sent lba - received offer

accepted offer - returned acceptance form

told would be in account within 14 working days - has not happened!

been told it will take longer due to amount of similar cases

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Guest Mumofthreeboys
Ahemmmm!!!! I am very aware of the basics thankyou.. I wondered what I should do next!!!!!

 

Is that not a contradiction in terms?

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