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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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troubled2
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hello am a new member, sorry have to burden you straight away, but am desperate.

court forms have to be back by 30th April 2007, but do not have a clue how to word it, also think l have messed up, as l have claimed for the monthly interest and the charges on the account, this is for my son thought i was helping him out

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What Court forms are they?

Lloyds TSB won £4154.59

Nat West settled £810

Mint settled £383.47

Lloyds TSB (mrsDJ59) won £3751.09

Barclaycard settled £1079.77

Capital One settled £257.85

Citicards won £2033.80:p

Capital One settled £986.65

 

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Guest louis wu

troubled, whatever has been done should be correctable, that is assuming you have done anything wrong.

 

You need to post full details of the claim so far.....bank, amounts, brief details of letters sent/recieved thus far, how interest has been calculated etc etc, and as dj59 says, what court forms/stage are you at (It sounds like AQ time, but could be wrong)

 

Give us some details and we'll see what we can do to help

 

louis

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post the form please.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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The link does not work

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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To Livelylad and anyone else its NATWEST BANK and the Solicitors letter is as follows not sure what POC is sorry

 

1. In your claim you state "the Defendant applied a number of default charges to the laimant's bank account

2 please provide the following particulars in support of your claim:

2.1 T what account(s) giving of the aaount name, number and sort code wre the charges applied

2.2 in relation to each charge please identify a the date when the charge was charged (b) the amount of the same and © the reason(s) givn for the charging of the same

2.3 in relation to each charge, please clarify the following (a) is it the case of the Claimaint the same should not have been charged? (b)if yes; please explain why the Claimaint contends that the same should not have been charged? © if no, is it the caseof the claimant thqat the same should not have been charged in this amount (d) if yes please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Calimant contends shoul have been charged (e) if no please state the Claimant's case

3 In your case you refer to the charges as penalties

4 Pleas provide the following particulars in support of your claim

4.1 please specify the clause (a) pursuant to which the charges were applied;

4.2 please specify whether the charges applied were due to a breach of contract by the claimant;

4.3 Please identify in each case the particular breach of contract ( by reference to appropriate the term(s) of the contract that the charge related to.

5 In your calim you state that the charges beach " the unfair Terms in Consumer Contracts Regulations 1999"

6 Pleae specify all the facts relied on by the Claimaint in support of the contentions in paragraph 5 above and in particular please identify the contractual provision(s)that the Claimant alleges are invalid by reference to the Regulations

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Ok some more information please then we can sort this out for you. :D

 

Which Bank and can you post a copy of your POC please

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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troubled, whatever has been done should be correctable, that is assuming you have done anything wrong.

 

You need to post full details of the claim so far.....bank, amounts, brief details of letters sent/recieved thus far, how interest has been calculated etc etc, and as dj59 says, what court forms/stage are you at (It sounds like AQ time, but could be wrong)

 

Give us some details and we'll see what we can do to help

 

louis

Hope l'm doing this correctly the bank is Nat west, l was advised by a friend that l could claim back everything interest,charges and the returned cheque charges and followed the step by step guide in the mail

 

the first letter l sent dated 26th April 2006,

Natwest reply dated 18th May 2006 apologising for the dissatisfaction or upset caused but believe the charges are fair and strictly in accordance with your agreement with us and our published tariff.

but would like date and amount of any aprticular items and will reinvestigate which I did, but no response.

 

My letter dated 6th June 2006 stated that under the the unfair terms in consumer contract regulations and/or the law of penalties, the small claims court could declare such charges unfair and therfore unenforceable

 

NATWEST 19th June 2006 I can find no instance where charges have been applied when they were not properly due.they have all been associated with a lack of covering funds in the acount at the time items were presented for payment.Accordingly, the charges that have been applied to your account should stand

 

my letter 11th August 2006 was Penalty and Unfair charges

explaining that my exceeding the limit was due to either late payment of wages,without a job and then starting college this was a stressful time as l had to pay rent council tax and bills i did ask if they could freeze the

over draft and pay the interest and charges when i had a job but the answer was no or to increase my overdraft by £1000 to see me through again the answer was no

l stated that the OFT on 5.4.06 announced that default charges which are set at more than £12 will be presumed to be unfair.

l also stated that a reasonable charge would be 50p

l mention a fit and proper person test to hole a consumer credit license under the CCA 1974

l also stated a Scottish case Castaneda and others v Clydebank Eng and Shipbuilding and DunlopTyreCo v Motor Co Ltd

 

mentioned UK Banks given evidence to the House of COmmons Treasury Commitee

 

then stated that that the charges are not a reasonable pre estimate of the bank's loss in relation to my account no one has had to look at my account or telephone me or collect anything

 

l then reserved the right to commence court proceedings and seek award

for distress and inconvenience

 

NATWEST reply- letter was a near repeat of their previous letter

 

31st August 2006

my letter writing in response in refusing a refund quoting UTCCR and about the actual loss

 

5th March 2007

posted Money Claim Online

 

hope this helps

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Guest louis wu
To Livelylad and anyone else its NATWEST BANK and the Solicitors letter is as follows not sure what POC is sorry

 

 

POC - particulars of claim. If you filled in the N1 form, its the page 2 bit, MCOL, its the full text. Basically, its why you believe you should have the refund.

 

Let us know what it was you put on your form.

 

Louis

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Guest louis wu

The letter has done exactly what it set out to do, thats doubt yourself. Don't worry, it can and will be resolved.

 

Louis

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These are the charges where l think l have messed up

 

Claiming for Charges as set out below

 

31.10.2005 Interest

31.10.2005 Charges

30.09.2005 Interest

03.10.2005 d/d returned

07.09.2005 pos charges

31.08.2005 Interest

29.07.2005 Interest

30.06.2005 Interest

31.05.2005 Interest

29.04.2005 Interest

31.03.2005 Interest

04.04.2005 d/d returned

28.02.2005 Interest

28.02.2005 Charges

31.01.2005 Interest

31.01.2005 Charges

17.01.2005 d/d returned

04.01.2005 d/d returned

31.12.2004 Interest

31.12.2004 Charges

30.11.2004 Interest

29.10.2004 Interest

30.09.2004 Interest

31.08.2004 Interest

30.07.2004 Interest

30.06.2004 Interest

30.04.2004 Charges

30.04.2004 Interest

31.03.2004 Interest

27.02.2004 Interest

30.01.2004 Interest

16.12.2003 d/d returned

30.06.2003 Charges

09.06.2003 Referral Charges

30.04.2003 Interest

31.03.2003 Charges

28.02.2003 Interest

31.01.2003 Interest

29.11.2002 Interest

29.11.2002 Charges

09.11.2002 Referral Charges

31.10.2002 Interest

04.11.2002 Charges

08.10.2002 Charges PRF

Total £

 

Interest @ 8%.

Total claimed online court £

 

Paid Court 120.00

 

Between 8th Ooctober 2002 and 31st October 2005 the defendant applied a number of default charges to the claimant's current account

charges are unlawful because they do not reflect the true cost of going into an unauthorised overdraft

furthermore they are a breach of the Unfair TERMS IN CUSTOMER CONTRACTS REGULATIONS 1999 which state: A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation. a charge is deemed to be a penalty if,in reference to the caseof Wilson v Love in 1896, it does notreflect the true cost of the item.

l am entitled to claim interst at 8 per cent per annum from the date when charges were first applied to my account until judgement is made.

the Claimant ask the court to enter judgement in thei favour for the sum of £plus interest

the solicitors letter also states that l will have to pay

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POC - particulars of claim. If you filled in the N1 form, its the page 2 bit, MCOL, its the full text. Basically, its why you believe you should have the refund.

 

Let us know what it was you put on your form.

 

Louis

just filled that in .but forgot that the solicitors say l will have to pay another lot of court transfer fees, how much will that be ?

 

still waiting for help to fill in the form that l posted earlier in the day

 

closing off now will resume in the morning must get the solicitors letter

off by thursday to arrive by Friday or be struck off

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think l've been posting things else where - still get confused - got till today to post off the CPR18 do l answer like ED says with name account numer and sort code as l am only claiming under £1500 and attach all letters and charges l sent to solicitors as l sent my form MCOL or do l have to answer the complicated way . l haven't found a section answering that form tey please help getting desperate!!!!!

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Ok I am slightly confused please answer the question(s).

1. Your schedule: the interest charges you are claiming what is that for? is that interest a direct result of a charge or just your overdraft interest.

 

From what I can make out it seems that Cobbets are asking for a standard part 18 request.

 

This link and the first letter by Martin3030 is what you need to send and a schedule of charges. You can also fax it to them as well as send a hard copy.

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Ok I am slightly confused please answer the question(s).

1. Your schedule: the interest charges you are claiming what is that for? is that interest a direct result of a charge or just your overdraft interest.

 

From what I can make out it seems that Cobbets are asking for a standard part 18 request.

 

This link and the first letter by Martin3030 is what you need to send and a schedule of charges. You can also fax it to them as well as send a hard copy.

 

l am now in the NAT WEST Forum

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

l'm adding my schedule if that helps

 

These are the charges where l think l have messed up

 

Claiming for Charges as set out below

 

31.10.2005 Interest

31.10.2005 Charges

30.09.2005 Interest

03.10.2005 d/d returned

07.09.2005 pos charges

31.08.2005 Interest

29.07.2005 Interest

30.06.2005 Interest

31.05.2005 Interest

29.04.2005 Interest

31.03.2005 Interest

04.04.2005d/d returned

28.02.2005 Interest

28.02.2005 Charges

31.01.2005 Interest

31.01.2005 Charges

17.01.2005 d/d returned

04.01.2005 d/d returned

31.12.2004 Interest

31.12.2004 Charges

30.11.2004 Interest

29.10.2004 Interest

30.09.2004 Interest

31.08.2004 Interest

30.07.2004 Interest

30.06.2004 Interest

30.04.2004 Charges

30.04.2004 Interest

31.03.2004 Interest

27.02.2004 Interest

30.01.2004 Interest

16.12.2003 d/d returned

30.06.2003 Charges

09.06.2003 Referral Charges

30.04.2003 Interest

31.03.2003 Charges

28.02.2003 Interest

31.01.2003 Interest

29.11.2002 Interest

29.11.2002 Charges

09.11.2002 Referral Charges

31.10.2002 Interest

04.11.2002 Charges

08.10.2002 Charges PRF

Total £

 

Interest @ 8%

 

Total claimed online court £

 

Paid Court 120.00

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Thanks for that livelylad l've copied martin3030 letter attached my charges should l add a POC getting a little bit less stressed as l will be at the migraine clinic tomorrow she can give me some more pills

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Hi Louis wu thanks for all your help in the forum, then all of a sudden l got tranfered to the natwest forum and wondered where everyone was.

still not sure od this site and who see what but will be faxing over martin3030 letter and my charges to corbetts and the court and was wondering should l also send POC as well . getting a bit less stressed now until the next letter arrives

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Guest NATTIE

not sure where you other posts are, but assume someone has advised you that there are things you can claim and things you cannot claim, ie interest on charges YES, but legitimate interest on your overdraft, NO.

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thanks NATTIE but as l have already asked for them in all my letters and also in my MCOL should l just carry on and hope for the best they might just deduct them and offer what l really should be owed

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