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    • Something else to add to your WS.  I have just reread your NTK and it is not compliant with PoFA. That means they can only sue you as the driver, not the keeper so it is important that you do not divulge who was driving. Schedule 4 paragraph 9 section [2a] and [2f] refer. (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;   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (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;   If you compare the above with your PCN you will ind that they have missed   (if all the applicable conditions under this Schedule are met]. So they have not complied with the wording in Schedule 4 where it says that the notice must. And in Law must means must.   They cannot assume that you were the driver so put them to strict proof that you were the driver. Bear in mind that anyone with car insurance is able to drive the car. Whenever you receive their WS please post it up and we will tear it to pieces to add strength to your WS.      
    • Just to confirm.  You have sent the snotty letter, haven't you?
    • OK, back again.  So.   4.  We don't know.  It is up to VCS to prove the do have PP.  And as in just about every VCS case they show total contempt for the legal procedure and never obtain PP we can hazard a guess as to which it is.  This is a breach of their Code of Practise which they sign up to where they state they obtain all legal permissions.  No planning permission is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and means a contract cannot have been formed with them.  To give the extreme example which is usually quoted.  Someone promises a hitman a large sum of money for carrying out a murder.  The hitman does so but is never paid.  The hitman cannot sue for the money as murder is a criminal offence.  That is an extreme example but the point stands.  If you want to be sure, contact the local council and find out if VCS have PP.  They won't.   5.  Should you really owe this money. VCS are entitled to sue you for £100 plus their costs.  But they are suing you for £160 plus their costs.  Where has the extra £60 come from?  They've just made it up.  We've seen cases where VCS actually won at court, but the judges invariably disallowed this extra £60.  Some judges have been so annoyed with VCS's antics that they have chucked out the whole case on the basis of the made-up £60 alone.   As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments  Don't worry, you don't have to write a document like EL21's!  Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same.  
    • Hello,     I need some advice / help regarding a dispute I have with Sofology. Not another one I hear you cry!     We bought a sofa from Sofology after seeing one in their showroom and falling in love with it. The sofa is less than 4 months old. We complained about the quality of the sofa:     excessive wrinkling of leather insufficient padding improperly installed - the legs under the two seater part (it's a corner sofa) hover above the floor and do not make direct contact.     They sent a technician round who met with my partner who was mentally unwell at the time. Shortly after she was admitted to a mental health hospital for treatment but is safely back at home now. She was dealing with Sofology, but I have taken over as she is currently not able to cope with this and many other day to day tasks.     Some photos below:   Sofology closed the case after their visit stating their technician found nothing wrong with the sofa. I wrote to Sofology asking them to reopen the case and provided various photographs. An extract from my email:     I am not content with the response from your technician. The sofa was delivered in July this year. It is less than 4 months old. I understand leather is a natural material and stretches over time but, the stretching the sofa has suffered is excessive given it’s age. Our sofa is not as firm as the one we saw in your Cambridge showroom and the condition of the leather (it’s tightness) is also worse, despite presumably many people sitting on the showroom sofa to test it. I would go so far as to suggest ours is made to lesser standards, with looser fitting leather and less/softer padding. It is worth noting that these issues are localised to the two seater segment of the corner sofa. The corner section and single seater return are not affected in this way. This demonstrates that the problems are not prevalent across the entire sofa, and that the manufacture of the two seater section is of a lesser standard. I trust the information above is enough for you to reopen the case and send another technician for a second opinion?     Their response to this appeared to by some standard wording about this is normal; you need to sit on different seats and rotate the seat cushions blah blah.     If they had bothered to look at my case in detail, they would have seen the cushions are fixed. I've just written back to Sofology with a stronger tone informing them they have not adequately addressed my concerns. That the sofa they have supplied is of unsatisfactory quality. It is of lesser quality than the sample sofa we viewed in their Cambridge Showroom. That they must re-open the case and that these issues remain raised within 6 months of receiving the goods.     I feel like this is just the beginning of a long uphill battle. Any advice would be greatly appreciated.     With best wishes,      
    • Thanks for answering my post - much appreciated   dx -  I have sent a SAR to Moneybarn.   The letter I got was from DWF Law LLP stating they represent Moneybarn.   The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3☹️   Noted - I will not communicate with Moneybarn / dwf verbally.    Apart from the SAR, shouldn't I be applying for a Time Order?   Regards LH2021   @Kyosanto Hello    Yes - Not planning on speaking to them ever again!! From now on, everything will be in writing as you and dx have advised. I have indeed sent a SAR to Moneybarn.   I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears.    Thanks for your assistance. 
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wulber v Royal bank Scotland


wulber
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Hi and welcome wulber, first read the FAQs and step by step instructions ,also spend a couple of days reading some threads in the relevant bank forum to gain some insight as to what to do and when to do it.Then when you are ready start your own thread to keep us all posted on your progress and also ask questions if needs be

Good luck

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Hi Wulber

 

Best place to start is the FAQ's and the step-by-step and then have a good read round on the bank forums for a few days and then when your ready start your own thread's in the banks you are claiming from and keep the posts updated so everyone can keep upto date on how you are doing.

 

You will find all the answers you need in your banks forum and keep to one thread.

 

Then if you need to ask a question that you cant find or dont understand someone will help in your thread you are never alone on here and it gets very addictive:)

 

Welly:)

DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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Hi and welcome - you are in the right place to get these unlawful bank charges back. We are a really friendly forum and you'll get loads of support and encouragement.

 

Have a good read around so you know what you are about to do and then go get your money back smile.gif

 

Good luck

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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hi guys

thanks for replies but am a wee bit lost how do i put a post on the forum page also what is the starting point to put a claim in i dont have all statments but think charges run into a few grand.

 

lost and mixed up wulber

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HI

 

Goto the RBOS and the halifax forums and click the New Thread button (Top or Bottom of the page) and that will open one for you and then stick to that thread for all you Q's and updates if you cant find it when you want to add to it use your UserCP at the top of the page it will be there:)

 

Call them wulber V RBOS and wulber V Halifax if you want to make things easyer Good luck and PM if you need any other info or any site helper (The Pink ones) ;)

 

Please ask any other questions in your new threads Thanks:) this is only for a Hello :)

DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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Wulber,

 

Some useful info can be found at the Govan law centre also Scottish Procedure by Scotia.

 

best of luck

charlie

Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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also guys

can anyone tell me about claiming against credit card charges (aqua---halifax)added on late payment charges refused to pay now being harrassed by morcroft debt collectors can i claim against this as well also this has affected my credit rating.

 

all help welcome

cheers wulber

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You can claim your credit card charges.

Tell moorcroft by letter that you dispute the debt and are awaiting info (DPA request)- this SHOULD stop them harrasing you -if not search for stop telephone harrasment on the forum.

Read the FAQ thouroughly - other people have been in the same boat as yourself and got their charges removed and credit files amended.

 

 

Charlie

Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 2 weeks later...

letter requesting statments for two accounts sent today also requested charges for aqua credit card (halifax con card ) will now take it as it comes.

thanks for everones help up to now

cheers wulber:-o :D:-x ---thats ma head spinning

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  • 7 months later...

help please going to court with r.b.s friday 13th april got court letter today saying they are going to defend claim also counter claim that there charges are legal and a true reflection of there costs can anyone help/advise me for court

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hi bookworm going to court against r.b.s next friday 13th april they are counter claiming that there charges are a true reflection of there costs (scotland court system) can yougive me any help/advise as how to approch this court apperance

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hi

going to court next friday 13th april against r.b.s they are counter claiming that there charges are a true reflaction of there costs.

can anyone give me advice how to deal with there lawyer in court or any other help/advice i can use.

scotish court system

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Guest Niklowe

Hi wulber,

 

It is unlikely that RBS will attend court as they would have to reveal their true charges. No bank has dared set foot in front of a judge yet. Have you prepared your court bundle in the extremely unlikely chance

 

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

 

If in doubt PM a mod

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Hi your thread moved here into RBS.

Please keep it updated.

You should also start another thread in the Halifax bank group for your other claim.

Take some time to read some ongoing claims in both bank groups...it should answer a few questions that you may have.

 

 

oops see you already done it!!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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see answers in your other thread...now moved to RBS bank section

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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see answers in your other thread...now moved to RBS bank section

Hi Martin I see you are having the same problem with CITI as I have They ended up stating they had never received the court papers etc. So we have a new case set for 13th. April so it will be interesting to see what the judge says when he sees all the paperwork witb signatures on the recorded dely. pieces I think there were four of them!! My problem started in Nov.:evil:

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hi allany thoughts anyone i have only had a letter from r.b.s in december saying that due to demands they would not look at my case until feb 07 so i made a point of zero contact with them this was also the same from them zero contact until the court letter came stating they were defending the action does anyone think i should phone hrh tommy boy and give him a chance to settle or keep to zero response and take it as it comes court date friday 13th aprin.keep safe all wulber

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hi allany thoughts anyone i have only had a letter from r.b.s in december saying that due to demands they would not look at my case until feb 07 so i made a point of zero contact with them this was also the same from them zero contact until the court letter came stating they were defending the action does anyone think i should phone hrh tommy boy and give him a chance to settle or keep to zero response and take it as it comes court date friday 13th april.keep safe all wulber

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If it was me I would wait until court day. They will probably phone you beforehand and you will be in a better position to neogiate. Don't let them off with anything. Watch out if you have a default against your credit rating make sure that is removed as one of the settlements, even though they say they won't do it.

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hi all

going to court against r.b.s on friday wondering if anybody has heard of the soliceter who filed the defence her name is karen mccutchion and her contact infois all through r.b.s was wondering if she is from r.b.s or corbetts.

also have not been in much contact with r.b.s just kept to my timescales/letters at correct times etc should i call them and give them a last chance to settle or just go to sherriffs clerks office tomorow as per instructions and just take it as it comes some feedback would be most welcome.

keep safe

wulber

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What court are you dealing with? It would do no harm to offer RBS a chance to settle but do not go back on amounts and any thing else you are claiming for. eg. default removal. Best of luck keep me informed

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