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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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rpgsx3r v Natwest


rpgsx3r
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Hi all,

 

I've spent a fair amount of time reading the advice and forums around here and made a start last week. I'll let you know how I get on, cross your fingers for me! I'll be updating this first post with progress too.

 

NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned Natwest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received 'looking into it' letter from NatWest

03/5/07 - Sent LBA

21/5/07 - Submitted N1 form at court

05/6/07 - Received Acknowledgement of Service from Cobbetts

07/6/07 - Received Notice of Issue from Court

08/6/07 - Received Defendant's Acknowledgement of Service from court

09/6/07 - Received offer from Natwest to pay me 100% of charges

11/6/07 - Offerred to accept charges+court fees

19/6/07 - Received defence from Cobbetts

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Make sure you are charging them interest on the charges.

Best of luck.......Rory

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I've not charged any interest. I read a few of the threads and couldn't understand how it worked (and the link to the spreadsheets aren't working).

 

I understood that other than that, the standard 8% should only be added if I get to the stage of going to court? I'm not clear on that either to be honest, but it's some time away yet anyway!

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What are you saying PPMAN159.....an interest free loan to your bank. I don't think so!!!

rpgsx3r the bank have used your money to invest and make money for themselves, you are entitled to interest. The minimum rate you can charge them is 8% (this is the rate the court would award you if you had to take the bank to court), however you can ask them for the contractual rate (usually around 29%) but if you are not comfortable with this as its a bit more difficult to argue just charge them 8%.

But for goodness sake charge them some interest.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I've only sent the Preliminary letter without interest included at this stage. Are you suggesting I should charge 8% interest on every charge from the date it was made to present at this stage? The posts I have read on this matter on the forums have argued the contrary.

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The 8% is under Section 69 of the County Courts Act and is only applied when proceedings are issued.

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Then you should read some more........most people charge interest that's what the spreadsheets in the templates library are for. You can charge 8% interest on every charge from the date it was made to present, or you can charge at a higher rate if you feel you can justify it (any claim over 8% you would have to justify to the court if it went this far). I would just send the bank another letter (if you want to charge them interest) stating you are now aware of you rights and the owing is now £xxxx plus interest at x% giving a total of £xxxx. The timescale give in your original preliminary letter still stands.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Alternatively use the template in the templates library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

You will notice the inclusion of overdraft interest.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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That's interest charged on overdrafts Rory, has nothing to do with S69 of the CCA.

 

I agree you SHOULD be able to claim interest on the amounts taken from your account and I would be interested to see what would happen if you tried.

 

As for the suggestion that I should read some more - take a look at this when you have a spare couple of hours http://www.consumeractiongroup.co.uk/forum/natwest-successes/17630-thecobbettslayer-natwest.html

 

I've done a bit of reading over the last few months!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Hi Cobbett Slayer the reference to "Then you should read some more" wasn't directed at you it was directed at rpgsx3r. No offense was intended - please don't take any.

Rory

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Then I apologise Rory - it's so easy to take things out of context.

 

It's still a good read though:D

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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No need to apologise. I'll have a look at your link when I've got a minute (or maybe an hour or two from what you've said). Always interested in winning claims.

Cheers.......Rory

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Ok, I read that thread (well, most of it!) very interesting stuff - and gratz on the outcome!

 

So can we get a consensus on the 8% now? ;) I was under the impression that I should claim only for the charges, but then add 8% if it gets to the MCOL stage. Right? I have several other claims at just the SAR stage, so it would make significant difference.

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You can only claim interest at the court stage. Your initial claim is for the charges only.

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Thanks for the clarification. I'll keep you posted.

 

I've just had some 'interesting' calls with the Student Loans Company and Honours Student loans, so time to write another post about that!

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Quick Update:

 

NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned NatWest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received letter from Natwest

 

Received a letter today saying "We are currently investigating your claim and will respond to you as soon as possible."

 

I guess I'll just continue with the LBA after the 14 days since sending the Preliminary letter are up.

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Yes continue with the LBA. A banks idea of responding to you as soon as possible when recliaming your charges is...........well how long is a piece of string.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned NatWest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received 'looking into it' letter from NatWest

03/5/07 - Sent LBA

 

The 14 days are up since Thur 19th April so the LBA has gone today.

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Had a response regarding my partner's account:

 

NatWest Current Account (partner)

23/4/07 - Sent Data Protection Act letter.

02/5/07 - Received partial statements

03/5/07 - Received 'as soon as possible' letter

 

 

Yesterday we received an envelope with statements dating back only as far as June 2006. I thought this was odd, but then realised this was around the point that we were married, so her account before this date would be in her maiden name. However, I've re-read the CAG S.A.R - (Subject Access Request) template and surely they should still send everything?

 

Today we received another letter saying, amongst other things, "Any information required to be provided to you under Section 7 of the Data Protection Act will be forwarded to you as soon as possible." Followed by a lengthy paragraph about Manual Intervention.

 

Does anyone think it necessary for me to contact them again explaining the issue with the maiden/married name? Or should I just wait until the 40 days are up? It seems crazy to me that this would affect the S.A.R - (Subject Access Request), as the account quite obviously still belongs to the same person.

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Hi rpg, might be worth a phonecall from your wife to explain she's received some statements but that the clock's still ticking on the SAR deadline and they only have xxx days to comply. They may get their skates on if jogged! Good luck, hedgey xx :p

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  • 2 weeks later...

NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned NatWest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received 'looking into it' letter from NatWest

03/5/07 - Sent LBA

-----

 

Ok, I've had no response to the LBA, so I'm ready to claim in court. I've completed the simple bank charges template spreadsheet now that they're back online (yay!) and the 8% column adds around another £200 to make a total of around £1450.

 

I've mostly completed the N1 form based on the template information as provided here, but have a couple of questions.

 

1) I have the charges, s69 8% total and court fees and the total of this, but I’m unsure about the template part that says:

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

Is that just the charges+s698% total multiplied by 0.00022? (It’s about 30p a day). Is that correct?

 

2) In the particulars I’ve changed point 1 to show two accounts as I’m claiming for a personal and joint account. Any problems with this?

 

 

3) I’ve put the claimant’s and defendant’s addresses in, but there is another box at the bottom of the 1st page asking for the defendant’s name and address again. Is this for the defendant to complete, or do I have to fill it in again?

 

Advice appreciated!

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Hi rpg, might be worth a phonecall from your wife to explain she's received some statements but that the clock's still ticking on the S.A.R - (Subject Access Request) deadline and they only have xxx days to comply. They may get their skates on if jogged! Good luck, hedgey xx :p

 

Cheers - yeh, I sent another letter saying pretty much that just a few days ago. :)

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