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    • Hi   I receieved a Final Letter notice this morning as I parked in a supermarket parent and child space. I knew I should not have but I was only 5 minutes in and out.   Basically I did NOT recieve the first letter and the first I heard about it was the Final Reminder Notice. The ticket should have been for £30 but am now being charged £80   I am unable to appeal as they state the time has passed.   Is there anything that I can do?   Regards   TOSH1
    • Hello,   I have had a recent development regarding the court claim. I received a letter from the court ordering VCS to resubmit their particulars of claim 1653045170645_1653044813811653045170645_1653044813810_May 20, Doc 1 (1).pdf0_May 20, Doc 1 (1).pdf   In response to the letter, recently I received the below from VCS. May 20, Doc 2.pdfMay 20, Doc 2.pdf   I have until 15 of June to respond. I have a few of questions: 1. Do I resubmit my defense, and change its content to reflect the new particulars of claim? It claim hasn't changed significantly, but there are now paragraphs. 2. If so, do I do it online or directly to the court, as it has already been allocated. 3. Also, the last communication with VCS prior to this, has been from Elms and their instructions were to send everything to Elms. I now see that they are sending everything themselves. In the letter from the court, it says send copies to the claimant's solicitor. If I need to resubmit my defence, who do I send copies to?    Thank you in advance.   I am trying to find another thread where this has happened, so far I haven't been successful, so if you know of any, please could you share.  
    • Have a good look at Schipoo's latest submission, done last week.   Of the 2 Tribunal Rulings in April, the shorter one (McCumiskey v HMRC) is probably the more relevant.   Just do all the preparation you can and let us know how you get on.
    • Hi Rob, yes it seems that way!   PS: my hearing is tomorrow. I'll be taking a look at the Tribunal rulings tonight in preparation
    • Hello, hope you’re all well.   Just an update.    We still have the vehicle, the agreement hasn’t been defaulted or terminated yet (even though we’ve not made any payments since January).    After a lot of back and forth, the finance company agreed to pay for an independent inspection at a main dealer BMW workshop.    Workshop came back and the vehicle has £6,350 worth of urgent repairs, everything from rear brakes being worn to the point there’s no pads left, rear differential bushes are degraded completely, and of course the big one, the timing chain mechanism is defective and needs replacing, technician also stated that it’s best to have a new clutch fitted to the vehicle as the clutch is heavily worn and the gearbox will be detached from the vehicle so it makes sense to put a new clutch into the vehicle to avoid having to do this again in 5,000 to 10,000 miles.    Finance company has been really patronising and has said that they will only pay for the timing chain repair, and this is as a good will gesture without any admission of liability as they are of the opinion £5,000 timing chain replacements are “wear and tear”, even though BMW has admitted it’s defective and are contributing to the repair, I’ve declined this on the basis it’s not “good will” to withhold a repair for 7 months and try to pass it off as “wear and tear”, I want the finance company to admit they were wrong.    Finance company is refusing to put right the rear brakes (which the vehicle cannot be driven unless they’re done because the condition is dangerous, having seen the video of the rear brakes I’m disgusted at the condition they are in), the finance company will not repair the rear differential and will obviously not put a new clutch into the vehicle, expecting me to make £1,500ish in repairs out of my own pocket.    I’m unwilling to pay for any repair to this vehicle as we have had 4 months of use age out of it, it cost £8,000 and already has £6,350 worth of urgent repairs required, this clearly shows it was not fit for purpose, not as described and not of a satisfactory condition.   Finance and supplying dealership are refusing the rectify the poorly done paint repairs that have peeled off both the front and rear bumpers, even though these were pre-agreed and part of the condition of sale.    Financial Ombudsman Service has not yet ruled on our dispute, however I now have an independent report that shows the vehicle was not fit for purpose, and the finance company/dealership should have repaired it when I made the request under s.23 of the CRA 2015 back in November 2021, they acted unlawfully and unfairly in refusing this, and refusing to carry out my rejection in January when they failed to repair the vehicle.    I’ve written back to the finance company refusing their proposal to have just the timing chain repaired, as I disagree with the premise of it being out of “good will” and “wear and tear”, I also believe that they are liable alongside the supplying dealership for other defects that could not possibly have occurred due to my very limited use of the vehicle. 
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initial claim queries


john.-h
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i am currently preparing a claim against rbs, most of my charges are for unpaid items and referal charge, can these be claimed i am unclear if referal charges come under the unfair penalty charges. As this is a business acc claim on following instructions in your step by step instructions i have used the spreadsheet that says that this will calculate the interest at 8% apr as allowed by s.64 the county courts act ( 1984 ) . as my account goes back to 2000/2001 this adds up to a lot of money, I wanted to know is this to be included in the initial claim letter as advocated in your step by step instructions.

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8% is not included in the initial calim. You add that when you get to court.

 

Don't know what referral charge is. Ask the bank what it refers to. Another name for penalty I expect

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its when somethings referred to them to decide wether to pay it or not. I've paid £80 to £100 each time in referal charges!!! They have expensive thought processes!!! So in my first letter I just ask for the total of the charges, without any interest? Thanks.

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If the referral has involved some special process such as manual intervention, then it may not be a disproportionate penalty.

 

Do they charge for an unpaid item plue a referral charge for the same iteM

 

Do they charge a referral fee for every unpaid item or only for some?

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I was told I had a £2000 overdaft facility, but when my business was failing and my accountant had a meeting with the business manager to sort things out he asked why there were so many massive charges on the account which were crippling the business. We were then told that he hadn't actually put an overdraft on the account, just what he explained as an unofficial overdraft, where every transaction was referred to him to authorise and he charged an extra £20 a time for the privelege, as well as the charge for going overdrawn. My accountant did ask him if he could do anything about these charges as it was not our fault he didn't put an official od on the account but he refused and said there was nothing he could do to help us. He did not actually do anything manually, just make a decision yea or nay.

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Is your accountant prepared to make a statement and give evidence?

 

Do the T&Cs refer at all to unofficial overdrafts or any similar facility?

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i ended up selling the business over 4 years ago so i have not got a copy of the t+c, i just wandered if anyone on the site has had any experience of referal charges as they are quite common.thank you

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Would you like to respond to the questions which I asked you

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If the referral has involved some special process such as manual intervention, then it may not be a disproportionate penalty.

 

Do they charge for an unpaid item plue a referral charge for the same iteM

 

Do they charge a referral fee for every unpaid item or only for some?

And these questions?

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You really need to understand more about the referral.

 

I think that you will need to start accumulating information to build a case. It will mean a DPA request, I'm afraid but you will have to modify it to obtain all information relating to the conduct of your account since it stated and in partcular any deatils of any manual intervention which was applied to your accoutn when deciding whether or not to pay a bill.

 

Also you need to contact the accountant and ask him about the meeting.

He will have charged you for his time so he will have a note of it and may well remember when you talk to him about it.

 

Also, where is the manager who gave you this unofficial overdraft? Is he still there? you need his name and at some point you may beed to try and interview him - tricky but he would have to be able to explain in court why he was approving all of these payments when you didn't have an overdraft facility.

It would be very interesting to know if at some level bank staff are paid commission on the charges.

If the accountant remembers then you don't need to worry so much about the manager.

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rbs have already given me my statements for this account at a cost of 5 pounds, is it worth writing to the bank asking them to clarify excactly what a referral charge is for, what it entails, and how it is implemented.

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Yes, why not. They won't give you a reply but at least you are on record as having attempted dialogue with them.

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Hello john,

i don't know if this is any help but i've had stacks of referal charges applied to my accounts which are just normal current accounts so these don't seem to be exclusive to business accounts. when i asked what they were for they said it was purely the fact that someone has to make a decision at branch level whether or not to pay it. i assume they would refer to this as manual intervention.

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  • 12 years later...

This topic was closed on 03/06/19.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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