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    • Hi everyone, Thanks for the responses. Just a few follow up questions in light of what's been said:   If I dont appeal to PPM, who can I appeal to?   Why should the PCN been attached to the windscreen? Is this written in law?   I assumed the document I had received was the NTK, if this is not the case, what does a NTK look like?   Regarding the compliance with the Protection of Freedoms Act, could the "period" of parking not be argued either way? The legislation doesnt state it must have a start/end time of parking, which I assumed an ANPR camera would pick up if it had one. Is 4 minutes not technically enough to show the vehicle was parked?    Thanks !
    • I see jenrick has stuck his head up with them, and I'm sure this wont faze their nasty rhetoric one wit-less UK growth since 2010 has been lacklustre and largely driven by immigration, says report UK growth since 2010 has been lacklustre and largely driven by immigration, says report | Economic growth (GDP) | The Guardian WWW.THEGUARDIAN.COM Resolution Foundation report suggests parties are dodging the economic challenges facing the country   Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it Immigration: how 14 years of Tory rule have changed Britain – in charts | General election 2024 | The Guardian WWW.THEGUARDIAN.COM Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it    
    • Will get them done asap My job changes week to week so at the time I didn’t know. 
    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tom Brennan v NatWest - This is a must-read!!!


calvi36
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I'm not able at this point to detail my thinking on this having not yet digested it but after a cusory glance I can say that I think the banks would be very foolish to rely on this judgement as a means of defeating claims

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I agree with calvi36,

 

If only Kev had had a penalty claim as his primary issue I think it would have ended in a different outcome, I also believe that by not attending the Bank did not expect to win, and as precedents are not set in the small claims court the Bank were not particulary worried if they lost,...

thats only my view I could ....AND am most likely wrong.

 

 

sparkie1723

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Nevertheless a myth will spread from this defeat.

Laymen among the public who do not know the details,

laymen who are nervous of legal procedure will be more scared than ever.

 

Banks will be rubbing their hands with glee this morning, and their telephone monkeys will quote this verdict when they try to browbeat unknowlegeable claimants. Not a good day for the movement.

 

 

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When the banks look at this result. They won't be that overjoyed. If Kev appeals the hearing will be in a precedent setting higher court. If the appeal is presented correctly. The banks will have to reveal the true costs of their charges, and we know they won't do that. They won this case by default and offered a full settlement. Which the judge chose to ignore. So the bank had already thrown in the towel. They will not relish an appeal. I don't know what legal ways they have of stopping an appeal. Even if they try to settle with Kev. Watch this space.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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HI EVERYONE

 

i HAVE BEEN READING VARIOUS THREADS FOR A COUPLE OF WEEKS NOW , AND HAVE RECEIVED ALL MY STATEMENTS FROM HALIFAX/BANK OF SCOTLAND .

 

THE CHARGES TOTAL AROUND £10000 , PROBLEM IS I AM NOW IN AN IVA AND WOULD LIKE TO KNOW HOW THIS AFFECTS ME,

 

CAN I HAVE THE CHARGES BACK

WILL IT ALL GO TO THE IVA

WILL I RECEIVE SOME OF THE CHARGES IF I WIN

 

THE BANK IS INCLUDED IN MY IVA TO THE SUM OF ABOUT £4000 SO IM ASSUMING THIS WOULD BE TAKEN FROM ANY CLAIM I GET.

 

THESE CHARGES ARE ONE OF THE REASONS I AM IN AN IVA AS OVER THREE MONTHS I WAS HIT WITH £2500 BANK CHARGES WHICH SNOWBALLED FROM THERE .

 

I WOULD APPRECIATE IT IF SOMEONE COULD GIVE ME SOME ADVICE.

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I personally am not to worried about this having considered all the factors.

 

As many people here have statement the judge ruled that the charges were for a service and not a breach fee.

 

However I sent my court bundle off yesterday and am staying on course!

 

MY claim I included copies of the terms and conditions at account opening and current T&C's, which clearly state that it is a breach of agreement and a fee is leveid for this.

 

 

The legal argument is not that the fee's levied are for breach of an agreement which are disprapotionatley high!, which is covered under the UFCA. I have also included the listing which states that Unathorised overdraft inccurs and increased APR to cover Admin costs - so in iffect double whammy! which one covers the admin costs them?.

 

My Advice is to stay on course here, dont let the banks bully you into to settlement (if indeed they offer settlements in the future)

 

Include as much as you can, I also included transcripts of a phone conversation where a bank agent confirmed in my case they send no letters, or make phone calls and that the charging system is automatic! so how can they charge £xx for an automatic systems.

 

As a shareholder of what was formerly Abbey I also made a request for a breakdown off how the set the rates and fee's and what the actually cost to the company is! No surprise they have not responded!

 

Sorry if this reply is got a little of topic, but I just wanted to reinforce that this changes nothing! infact if anything it showed us where the holes were in the legal argument and now we can try to plug them.

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quote=gwildfire;831405]

 

I personally am not to worried about this having considered all the factors.

 

...........

 

The legal argument is not that the fee's levied are for breach of an agreement which are disprapotionatley
high
!, which is covered under the UFCA.

 

............

 

 

The full 23-page ruling is on the other thread.

Unfair Terms in Consumer Contracts Regulations 1999

"Clause 6.2. in so far as it is in plain intelligible language, the assessment of fairness of the term shall not relate...

(b) to the
adequacy
of the price of remuneration, as against the goods or services supplied in exchange."

Whatever anybody thinks how the regulation is trying to say or ought to say, this is how this Regulation is at present worded. In para 43 District Judge Cooke said the (para 43) wording used "might itself be criticised for deficiencies of intelligibility", but as it stands the wording (para 44) "prevents the court from making any determination that they are unfair." -- the word
"adequate"
empowers the court to rule the price as unfair for being too low, but not as unfair for being too high.

On both counts filed by Lloyds TSB (no breach of contract, no unfairness re UTCCR), the judge found in favour of the defendant in this one particular case. A fair summary I hope, of 23 pages.

 

 

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When is Tom's next hearing scheduled for?

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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When is Tom's next hearing scheduled for?

 

I thinks it's Monday !!!:eek:

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Ooh, cheers - will look out for reports, or news of another delay

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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There seems to be a current rash of bad news washing over us at the moment which isn't quite so bad once we know more detail. Let's hope it's all just glitches (God forbid otherwise) and that while we're all waiting for outcomes we can keep sight of the whole picture and not begin to panic. Every case I've begun has been successful so far, all except for my Barclays one which is ongoing. There are always going to be 'days like this'.

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Bilgeman, There are always going to be difficult situations in this fight for justice, but if you notice the banks are still settling and even the Lloyds case shows that they do not want to step into a court room and defend their charges. All the banks have huge legal backup to pull on. Yet they still settle cases without full disclosure of their true costs. So have no fear its business as usual.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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there is a sticky somewhere on this forum, about asking for stays to be lifted, i'll try to find the link for you

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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I hope the MODs will forgive me posting this AGAIN but it's an important topic I think ALL info should shared.

 

Have just watched BBC1 Breakfast when their guy from Money Box stated that although very surprisingly this DJ had found in the banks favour it did NOT set a precedent He also said ANOTHER DJ who obviously new of DJ Cookes ruling still found for the claimant AGAINST the bank.

 

The guy was spot on & I shall be listening to Money Box on Radio 4 at 12noon today when it will again be spoken about

 

Perhaps the mods could use there powers to let everyone know about this

 

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Once you have ruled out the impossible only the truth is left......this is why the banks still pay out

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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I hope the MODs will forgive me posting this AGAIN but it's an important topic I think ALL info should shared.

 

Have just watched BBC1 Breakfast when their guy from Money Box stated that although very surprisingly this DJ had found in the banks favour it did NOT set a precedent He also said ANOTHER DJ who obviously new of DJ Cookes ruling still found for the claimant AGAINST the bank.

 

The guy was spot on & I shall be listening to Money Box on Radio 4 at 12noon today when it will again be spoken about

 

Perhaps the mods could use there powers to let everyone know about this

 

 

 

And why dont the media grab this one with the same Gusto as they did with the one case that went in favour of the defendant.

Because the claimant winning against the banks IS NOT NEWS ANYMORE

its normal, keep the faith, claim away

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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For the same reason they haven't picked up on the bailiffs bill going through now & they won't until a debtor is either seriously injured or God forbid killed by these thugs

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