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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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    • If you are buying a used car – you need to read this survival guide.
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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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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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garygumps v Northern Bank (NI) ***SETTLED***


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Didn't know about those Nervous. As I said I've not really followed the Northern Bank threads, and I see yours is in the Other Institutions forum. Do you want it leaving there, or would you like it moving here? Take a good look at the court paperwork and see exactly what it says. I'll try and look at your thread tomorrow.

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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Didn't know about those Nervous. As I said I've not really followed the Northern Bank threads, and I see yours is in the Other Institutions forum. Do you want it leaving there, or would you like it moving here? Take a good look at the court paperwork and see exactly what it says. I'll try and look at your thread tomorrow.

Yes please, caro. I can't seem to get any more advice and as I said this is the 2nd part of a full claim due to the £2000.00 threshold over here in N.Ireland. I am getting pretty nervous about this and my time is looming.The bank lodged a default and our appointment date is for 10.25am on Friday 25th May, that is what it says on the papers. I don't want to have to do the court bundle just yet and then find that they lodge the money or maybe I should and if i do, i am going to claim for the prep work involved. But i don't know what to write forthe covering letter, if anyone could dictate one for me it would be great? I need big advice from a moderator!

nervous.

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hey garygumps. Yes, i sent all copies to the bank and court but the 'bundle' that i am talking about is the groundwork and references needed for court appearance. but i am now getting plenty of advice and i am now doing a lot of research because since Lloyds news, i am now feeling rather quietly confident cos something big has come up. read the notes on yorkshire on whistleblower.

nervous

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  • 2 weeks later...

OK, the 14 day limit on the preliminary latter has now expired. Needless to say there has not been a required response other than acknowledgement of the letter of "complaint" and that they are investigating.:rolleyes:

 

Time to issue Letter Before Action (LBA).:)

 

I'm basically going to use the template on this site, but removing the paragraphs about supplying my T&C's (coz I hadn't previously asked for them as it states, so it sounded a bit silly), the removal of the default and the threat to report them to the OFT.

 

I'm going to post the letter on monday, anyone any advice before I do:idea:

 

ps, its gone awful quiet on Nervous' thread and the court date was yesterday 25th. Any news ?

 

 

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I suggest that you just amend the letter and ask for the T&C's now.

 

I believe that Nervous will probably be in a position to post further in a few weeks or so. Nothing to worry about.;)

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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I suggest that you just amend the letter and ask for the T&C's now.

 

I believe that Nervous will probably be in a position to post further in a few weeks or so. Nothing to worry about.;)

 

All very mysterious Caro;) Have the Northern perhaps abducted nervous and secreted her to a luxury desert island and tried to bribe her into giving up!!!:)

 

Thanks for the advice about the T&C's. I take it asking for these is because it is unlikely that they are still on file or something and so impossible to produce?

 

Gary

 

 

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Well we like to keep some tricks up our sleeves to keep the banks on their toes. :p

 

Regarding the T's and C's, in the light of Lloyds winning a case in Birmingham when the judge took the current T&C's from the website, it seems it is best to get them if at all possible for our bundles. They are likely to show that the charges are not for services as many banks are now suggesting.

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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Well we like to keep some tricks up our sleeves to keep the banks on their toes. :p

 

Regarding the T's and C's, in the light of Lloyds winning a case in Birmingham when the judge took the current T&C's from the website, it seems it is best to get them if at all possible for our bundles. They are likely to show that the charges are not for services as many banks are now suggesting.

Caro, your inbox is full and i desperately need you to contact me urgently.

nervous

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Letter received today dated 30 May.

 

"I refer to my letter of 10 May (acknowledging prelim letter) and advise that an investigation is currently underway.

 

I would be obliged if you would contact me as soon as possible with a view to resolving the issues.

 

Yours blah blah blah"

 

I'm assuming this letter has crossed in the post with my LBA.

 

Am I right in thinking that my LBA is suitable response to this letter and not to get involved in any dialogue, as the prelim letter and LBA clearly state what I require??

 

Gary

 

 

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Was the letter from your branch manager or someone else?. Also your LBA is a suitable response to their letter :)

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Ah right I asked because your situation sounds very similar to girls04 :D girls04v northern bank (Northern Ireland)**Settled in full before court** I've added the link so you can have a quick glimpse. I'm guessing her letter was from her branch and when she refused to meet to discuss the matter she was given a part offer and then after turning that down she was offered the full amount. Could be quite promising for you if things go the same way.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Hi All

 

I am very new to this, I am going to try and claim the bank changes for my mum and dad, they have two account one business and one personal with the northern bank.

 

I sent a letter asking for statements, and received them yesterday.

 

I went through them last night and I am not sure what i can claim back. Not sure what abbreviations mean (IN i assume is interest one of these charges were for £86 could that be right), can I claim these IN charges back. Some more abbreviations that I am not sure about are: FE, DX, SD, also can I claim back what they call "fees according to advice"?, "Warning letters", "Referral Fees" and "Arrangement Fees".

 

I would be grateful for any advice.:eek:

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Hi Conlee,

 

Just reading your other post now, I had a success with northern bank as you've just read, you can claim interest where they have been penalised for going above agreed overdrafts etc but not agreed o/d interest. You can certainly claim for warning letters, referral fees, unpaid DD fees etc, but you cannot claim arrangement fees (for overdraft etc) as this is a service not a penalty. From memory of NB the typical fees varied amongst the following: £11, £12, £12.99, £15, £25, £28, £37.50 and £38, to give you a guide of the type of no's involved, obviously they all increased over time.....

 

I'm sure someone else can provide more advice, but thats a few bits from me that will hopefully help!

 

Would advise you to start your own thread too!

 

If I can answer anything else drop me a line and i'll do my best!

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OK, update time.

 

Apparently, the bank phoned today (my mum took the call) asking for a meeting to discuss issues raised, obviuosly got my LBA:D

 

I've to ring them back tomorrow about wether to go ahead with this meeting. I've read in other threads that they took this tactic and the general advise was to tell them to do one unless they were going to agree to refund in full;)

 

Any ideas before I make that call, or should I just ignore them completely and stick to the timetable?

 

Gary

 

 

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Hi

 

Thanks for replying, can you tell how I start up my own thread?

 

Thanks

 

Just click the "NEW THREAD" button at the top of the page of the Yorkshire Bank and Clydesdale Bank and Northern Bank forum.

 

Call it "Conlee v .......(whoever)" or something. Good luck.

 

Anybody any advice about my meeting with the Northern Bank?????:???:

 

 

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Gary,

 

As you've said I'd be going for the full refund option! Sounds like a stalling tactic but from my experience of northern bank they may be looking for you to perhaps accept a slightly reduced sum, as for them anything is a saving as opposed to having to pay out the full sum plus interest and court fees! You could go along in the hope of a quick solution and stick to your guns that the fees are an unreasonable penalty, no reflection on the actual cost and that you're only willing to settle for full refund otherwise you would proceed with court action. I read a case on here where a girl spoke to the branch manager by telephone and managed to get full settlement without going through the legal bit, so it won't do any harm as long as you continue with your timetable!

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Well, I phoned the number I was left and it was a central call centre office type thing.:rolleyes:

 

Numerous times they tried to connect me with my branch manager, who had requested a meeting, without success.:x They suggested I email the branch manager instead!!!!

 

So bollocks to that, they've had their chance and I'm sticking to my timetable. They now have 1 week before I submit a court claim.:D

 

Gary

 

 

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My deadline for filing small claim is coming up around 15 June.

 

So while waiting I have started to look into the actual procedure. As far as I can gather, the claims procedure here in N Ireland is slightly different from England & Wales, with the forms different names and layout and stuff.

 

Anyway, I successfully made a small claim back in 2003 and as luck would have it I had kept all the paperwork from that case. After checking on the NI Court Service website, all the forms & such are still the same (last updated 2002) so I presume that the procedure is still the same.

 

Now we come to the crux of my question. The advice given on this site for submitting "court bundles" is to send any relevant paperwork within 14 days of the date of the hearing, which suggests that the application is made without supporting paperwork. The information that I have states that all supporting evidence must be submitted with the application form.

 

Can anyone on here who has actually filed papers here in N Ireland confirm what exactly they did???

 

Sorry for the long post

 

Gary

 

 

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In England and Wales the court tells you when to submit a bundle, which is generally 14 days before the hearing. Check out the NI procedure here.

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/499-northern-ireland-small-claims.html

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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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Thanks Caro (again)

 

Very interesting, the procedures do seem to have changed. Theres a central processing office which applications seem to have to go to (I used my local court last time) and there is an online claim facility.

 

Back to my original question though, has anyone local here in NI used these procedures recently? On reading through a few threads from fellow Northern Ireland claimants, I can't seem to find anyone posting a result from the small claims court. A few seem to have actually filed (if so what procedure did they use?).

 

Most of the threads seem to go silent and that is worrying me a bit. Or are they being sworn to confidentiality??? Or is it just a fact that the banks settle before a hearing (again exactly what procedure did the claimant use to file???).

 

What did they include in their papers (court bundle)? I've had a look at Bookworms basic court bundle on the site here, but all that stuff about case law and such seems to me to be very stuffy, for want of a better word. I'd like to be able to understand that stuff myself if I have to produce it in court, and going by the local procedures I would have to produce this with my application, rather that just print it out verbatim.

 

i hope this makes sense as I seem to have gone on a bit !!! Sorry.

 

 

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