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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • Hello,

      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Action against bank closure


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Many of us have had the standard account closure letter from the A&L - saying as we could not accept their t&C's the account will be withdrawn - Having looked into the link here http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8541 I am considering an injunction against the account closure as it might create a legal precedence or force the OFT’s hand. I have written to the OFT about the A&L’s reasons for closing the account. I am also concerned about my credit ratings. I am looking into the court forms needed to start it rolling. Any help along the way would be great.

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How has your account conduct been over, say the last 12 months? How is it now - are you within your T&Cs i.e overdrafts, making payments etc?

 

Have you written in response to AL's letter protesting against the closure and requesting further explanation?

 

what is the status of your claim against AL. Did you win? what was the amount? was it contested? Is it still in the pipeline?

 

You need to post some more info here for us to be able to help and advise more accuratelyas the outcome of this sort of litigation will to some extent depend upon your personal circumstances.. If you post some more I am sure I and others will be able to comment in more depth - and certainly expect some contribution from BF and more knowledgable bods on the legalities involve. Obviously we will need some time to consider wording for the N1 particulars of claim, and to consider possible defences that AL may offer.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Work is taking me away so I can't do much but the Daily Mail came round this morning to do a feature on Alliance and Leicester sacking charge claimants - so that might do more for the cause than litigation at this stage – I had to look forlorn and indignant with a fist full of statements, so see what happens.

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There is a good case to be made that you are having your account terminated as you are enfocing your legal rights and the bank are breeching the contract be not allowing to keep an account when you refuse to pay there unlawful charges.

 

The best way forward would be a complaint to the banking ombudsman who can award compensation. I'd be happy to help with this.

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The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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Great to see you moving forward with this, many others could and should follow your lead. In regards to your credit rating, it should have no adverse affect. The general format of an account just comes up as "settled", however the account was closed. Trust me, I know :-|

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Having opened and closed my account within 7 months due to the atrocious regime at A&L, I personally would not class it as a great loss to have my account closed!

 

Obviously I realise it is the principle of the matter, so if you can exact some revenge on them, then good luck to you. Perhaps they might think twice about treating their customers so badly in the future.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Work is taking me away so I can't do much but the Daily Mail came round this morning to do a feature on Alliance and Leicester sacking charge claimants - so that might do more for the cause than litigation at this stage – I had to look forlorn and indignant with a fist full of statements, so see what happens.

 

That is printed in the Mail today

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