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


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    • Karalius
      ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface

      By Karalius · Posted

      Thanks. Have sent it off. 
    • lookinforinfo
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By lookinforinfo · Posted

      Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • mystic_bertie
      UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

      By mystic_bertie · Posted

      lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • tobyjugg2
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By tobyjugg2 · Posted

      Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    

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

Help....Accepted partial offer but still no refund!!

rooka

By rooka
in HSBC Bank

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rooka

rooka

Posted
Posted

Hi,

I'm wondering if anyone could give some advice as i am really stuck as what to do next.

I started procedings against HSBC for a refund of bank charges to the tune of £1455.I followed advice given in the forum and sure enough i received a letter offering £1309.Not the full amount but pretty near so i accepted and signed the accompanying acceptance letter.

I have however not had a reply or been refunded any charges and more than the stated 7 working days have passed in which they said the transfer would take place.

It is then that i read the post "REJECTING OFFERS" in whichit mentions the often used phrase "Full and Final" ,it then dawned on me i may have made a mistake.

This is an extract from the letter i was sent

"We are however mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim.For those commercial reasons alone,and without any admission of liability whatsoever,we are prepared to make a payment to you for the sum of £1309 in full and final settlement of this matter......"

It then goes on to say

"If you accept this proposal please sign and return the enclosed acceptance form within ten working days and we will arrange for a refund to be made to you.Please allow seven working days for your account o be credited following receipt of your acceptance by ourselves."

:confused:

Any help would be greatly appreciated.

Kind Regards

Rooka

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lateralus

lateralus

Posted
Posted

so, you've accepted their offer of 1309, signed and returned the form and still not received the money - you've allowed seven working days for your account to be credited? it's time to ring and/or write to whomever sent you the letter and just ask nicely why your account has not yet been credited. why do you think you've done something wrong? that full and final just means you wanted more but have settled for a bit less - it doesn't mean anything sinister. as you accepted an offer at an earlier stage - it means contacting the person who signed the offer letter - their details will be on the letter. personally, i word a letter, friendly but firm along the lines of where's my money - if you haven't lived up to your part of the bargain - then i'll just continue down the court route. You have until (give them about this coming friday) to deposit the money into my account or i shall consider my acceptance null and void and will continue with my claim against you by filing in court. send it off today - it will get there tuesday, you could follow it up with a call on tues. but just give them a little time - but with the veiled thread of court action. always polite, but firm. ok? also, keep an eye on your account - they do just slip it in sometimes. if they don't live up to their own deadline of 7 days - i'd notify them as above - then just carry on with your claim. how far were you - you hadn't yet done a claim had you?

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rooka

rooka

Posted
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No i hadn't yet filed a claim.I had sent a LBA and was getting close to deadline when i received this offer letter.As it was only £100 or so short of what i was after i accepted.I have sent a polite email to HSBC service team but as yet no reply.

If i don't hear by tomorrow i'll have to send another LBA i guess?

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rooka

rooka

Posted
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This is the post from "jonni2bad" which i mentioned contained the "full and final" phrase.

.............................................................................................:confused:

 

icon1.gif Rejecting Offers

Having sent your request for repayment you may receive a 'full and final' offer of settlement which is likely to be less than the amount you have requested. This may also be with the actual payment itself by cheque, or they may make a payment directly into your account.

 

If this happens, send letter 1 shown below which will clarify your position of having rejected the sum as a 'full and final' settlement, but at the same time will allow you to accept it only as a partial payment towards your whole claim.

It is important to remember that if the offer has further conditions attached then you should use letter 2 below.

 

In all likelihood, the bank will withdraw their offer or simply not reply - in which case proceed with your claim within the timescales you have previously set. If they have sent you a cheque and you do not receive clarification from the letters below, you should return the cheque to the bank and either tear the cheque in two, or write CANCELED very clearly over the cheque.

 

 

**********

 

If their offer letter arrives very close to the expiry of your LBA (perhaps within a couple of days) and is for less than the full amount you should read this letter very carefully.

 

* If this offer is clearly marked as being FULL AND FINAL they have effectively denied your claim. In such circumstances use letter 3 below.

 

*If this offer is NOT called FULL AND FINAL then you have a duty to mitigate your losses and continue with negotiations. This might be rather annoying, but you have to be aware of the danger of being seen by a Judge as having rushed into Litigation. In such circumstances use letter 4 below. You should give enough opportunity for the bank to respond to you one final time. There is no set figure that would apply for this timescale so I will suggest a further 10 days from their receipt (count 2 working days from postage). If it is easier for you, just consider waiting 2 weeks.

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lateralus

lateralus

Posted
Posted

all he's saying there - and it is written to all banks - were it specific to hsbc - he wouldn't have included the bit about a cheque as i've NEVER known hsbc to offer with a cheque - merely an amount offer.

he's saying if you want to carry on and not accept - then you put that you would accept it as partial payment but will be carrying on as per the schedule you sent - he's also saying if you reject an offer - at the point where you are - you should give them 10 days to up the amount before you will be filing your claim.

 

so, as you are happy to take what was on offer - i think you just need to ring/write them and spur them into action to get you your money.

 

these letters are for rejecting an offer - you've accepted - they just haven't paid - but i'm sure you are within your rights to demand the money be paid within 7 days or you will carry on.

 

You might try a letter like this:

 

Dear Sir

 

I wrote to you on XX/XX/XX accepting your offer of £XXXX on my claim for bank charges against HSBC. I was told the money would be in my account within seven working days. It has now been XX working days and the money is not in my account.

 

I am hereby notifying you that you have until the close of business on Friday 13 April 2007 for me to see that money in my account or I will be filing a small claims action against you. This will increase the costs of resolving this matter as I will be claiming for 8% interest as allowed and also will be asking for my court fees to be returned.

 

I have accepted your offer in good faith and would have thought you would want to honour your part of this bargain. Please contact me immediately if you do not intend to honour your offer.

 

Yours truly

 

 

how's that - if you get it off tomorrow - they should have it wed. and giving them til friday is plenty of time. - i think i'd ring as well - there will most likely be a number on the letterhead.

check your balance on-line after midnight tonight - it might just slip in.

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Castlebest

Castlebest

Posted
Posted

Just a sugestion for the middle para

 

I am hereby notifying you that I consider your lack of response to be a gross breach of your own terms included within the offer. You have until the close of business on Friday 13 April 2007 for me to see that money in my account or I will be filing a small claims action against you. This will increase the costs of resolving this matter as I will be claiming for 8% interest as allowed and also will be asking for my court fees to be returned.

 

pete

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rooka

rooka

Posted
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Thanks for the advice , it's very much appreciated.I checked my account this morning and still no sign of any refund.Working this afternoon so won't be able to post letter til tomorrow am.In the meantime i'll try by phone.

Will keep you posted.

 

Thanks:)

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rooka

rooka

Posted
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Have just spoken to the HSBC service Quality Department and they assure me that refund should show in my account tomorrow..........fingers crossed.

They said the delay was down to me amending the account number on the acceptance letter which is true but only because they had printed the wrong one.

Still doesn't explain why i had no reply to emails i sent them.

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rooka

rooka

Posted
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Checked my account this morning and at long last HSBC have refunded my charges.

The whole process was much easier than i thought except for the slight hiccup at the end.

Thanks to all who helped.

 

ROOKA:)

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