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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
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    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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chrisking1962 v Blemain finance PPI


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  • 2 months later...

Hi All,

 

well after watching Martin Lewis on Fruday night (tonight with Trevor Macdonald) it spurred me on and I am again going for the PPI and charges I had put onto my account with them.

Will keep you informed how I get on.

 

Stay Fresh Peeps

 

regards

 

Chris.

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  • 4 weeks later...

Hi guys,

well, wrote again to Promise finance regarding mis sold PPI as per Martin Lewis show, and got usual reply, well re wrote and this time sent a copy of all my previous correspondences back to the company and also sent a full set to the OFT, the FSA and the FOS AND in the copies I received regarding the signed docs at the start, they Kindly sent me a copy of the final agreement with the signitures on the PPI section but the BOX was NOT Ticked to accept the PPI. So up yours matey and give me my money back NNNNOWWWW!!!!!

 

stay fresh peeps

regards

chris.

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Hi guys,

well, wrote again to Promise finance regarding mis sold PPI as per Martin Lewis show, and got usual reply, well re wrote and this time sent a copy of all my previous correspondences back to the company and also sent a full set to the OFT, the FSA and the FOS AND in the copies I received regarding the signed docs at the start, they Kindly sent me a copy of the final agreement with the signitures on the PPI section but the BOX was NOT Ticked to accept the PPI. So up yours matey and give me my money back NNNNOWWWW!!!!!

 

stay fresh peeps

regards

chris.

 

Wow Chris,

 

Excellent news and good for you. At times we get a bit frstrated with these companies, but when they know that you are informed and educated in the ways of the law, well lets see what they come up with now.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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woah hold on there peeps, :eek:

someones put **settled** at the end of my thread:confused: , Not yet guys, I think I'm a bit off the settled score yet, but will keep you posted.

Unless someone knows something I don't know!!!! :rolleyes: LOL

 

stay fresh peeps

regards

chris

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I've just put the cork back in my bottle here. Title changed. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

Hi all,

Just a quick line to keep you up to date.

Got my replies back from OFT,FSA and FOS, and the FOS followed up with a complaints form so they can take the matter forward. Hooray for that, now I feel as though there is some support out there, as the FOS did say they were a lot of people writing to them complaining about the PPI issues.

My Inlaws who have been retired for more than 5 years now, have been paying £45 a month PPI to cover for redundancies etc and the credit card company have refused to repay them YET they will never be made redundant as they are both retired, They did'nt know they were signing for it so it's another mission I am involved with.:eek:

I keep getting these requests and forget about my own missions, well 'Remember! Don't Forget' as I keep saying (it's something I made up at my 40th and it went down well).

 

stay fresh peeps

best regards

Chris.

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  • 3 weeks later...

Hi All,

Happy new year to each and everyone of you fighting the good fight.

Well just to keep you up to date,

Filled in my complaints form from FOS and sent all the docs back to them, so now it's in the lap of the FOS.:eek:

Hopefully they may push the greedy PPI company into paying up, I can only wait and see. :)

I have also sent my SAR to Blemain for the charges they put on my account so I can go for them as well.:D

 

Bye for now.

 

Stay fresh peeps

regards as always

 

chris;)

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  • 3 weeks later...

Absolutely bl**dy fantasic news Chris,:D :D :D I am jumping up and down, I am so happy for you. Goes to show stick at it and it pays off:D

 

Please don't leave the forum now, you know have experience of the process.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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thanks for that H,

 

I do not intend to leave the forum, it's here where I 1st posted and I did'nt think there were that many like me having the issues I have!

It's not over yrt though, thats just the PPI now it's back for Just under £1k worth of ludicrous charges that evil Blemain added to my account prior to redemption. :rolleyes:

I reckon the PPI was about £2900 from the start, I received a rebate for just over £500 after a push at the beginning, so with the £2k I have accepted I'm only about £400 shy of the total so I'm happy for now (until it runs out) then it's onto the FOS for round 2 with the charges.;)

 

I think that it may have been the ketters I sent to the FSA, OFT and the FOS that may have made them cave in.:p

 

So any advice i can give is simple , Take it to the next step, keep pushing and follow it up with the FOS (the FSA and the OFT don't seem to want to deal with this issue) it's worked for me and i know it should work for you, just be patient.:cool:

 

Lets put it up in the WON section. UKAVIATOR!

 

stay fresh peeps

 

regards

 

chris

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Congratulations.

 

Im very pleased for you.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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HI Chris,

Congratulations and well done you, just goes to show persistance pays off,

Im so pleased for you, well deserved,

I havent been posting much on the forum lately, I lost my business claim in court on the limitation issue, I could appeal but not sure what to do as they took me by supprise on the day and changed the hearing, of that of my claim to a limitation hearing, without any warning, I lost before we even went in, 3 lawyers coming at me from all sides, think they had a word with the DJ before hand, but thats the way it goes sometimes.

 

Might get back on track now with Blemain after catching up on your thread Chris, Ive also discovered that i was missold PPI on 2 loans which I redeemed last year, self employed, couldnt claim, so upwards and onwards I think, take care and again Chris wel done .Gc

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  • 2 weeks later...

Took out a loan beginning of 2005 repaid in 2006 but have no statements or anything to show my account number or even an address to write to to try and obtain one. Does anyon out there have an address that I should write to in the first instance

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  • 2 weeks later...

Hi all,

thanks for your messages of well dones etc, It took some perseverance but i kept plugging and as I said in an earlier post, I think because I went to the Finanacial institutions and the Office of Fair Trading with my complaint I think that was the only way for them to sit up and take notice that I was'nt in it for the laugh:D and that did the trick. I could have held out for more but as this was very close to what I paid up front then for the sake of a few pounds more I was happy to take their offer and working it out only £2-300 shy so I think I can class it as a victory.

 

On another note, imfedup, whom was your loan with? and what is youre actual question?

Do you want the address of Blemain or of the broker you originally took the loan out with? and are you trying to claim a refund on youre PPI as a mis sold PPI of what?

 

Will try to help, but need a bit more info.

 

regards

Chris

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  • 1 year later...

Hi everyone,

sorry its been so long since I last posted, but things seem to be happening all over and some out of the blue.

Well started my 2nd stage of claiming against Blemain and others for PPI etc, but with Blemain I am going for a refund of the overpayment made to them and the charges they attached to my redeemed loan back in April 2007.

Having read the recent advises from the FOS regarding PPI and the recalculating of redeemed loans etc, I beleive that the company are supposed to recalcuate the loan from its initial inseption (start date) without the inclusion of the PPI and what the monthly payments would have been excluding the PPI payment etc, what the loan would have cost, how much was actually paid during its term and what the early redemption figure would be etc.

If this is right then I have used their calculations on the original figures of the loan and estimated the % of rebate etc and I calculate that they have overcharged me by about £3500 not including the statutory 8% interest the FOS usually advise on.

They have also sent me a breakdown of their so called charges they attached to my account on top of the redemption figure, and because I have now got a complete breakdown of the charges I am now also challenging the discrepencies between what they originally sent and the differences the new breakdown shows, as my original loan documentation does not state a Early redemption fee (MEF) and I have queeried this.

Their initial answer was that they have investigated this and as usuall say everything is above board and nothing else can be done, yet as soon as I replied challenging their final answer I quickly reminded them that I had already forwarded my complaint to the FOS and guess what, they have since replied (as my complaint as now esculated to the next desk) saying that they are still investigating my complaint and would write back within 4 weeks.

Please make my cheque payable as usuall to my wife and I.

merry christmas and its not been nice doing business.

One small step for mankind One giant leap for victory.

ding ding round 2.

 

keep smiling, we can still beat the banks.

 

regards

chris

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Hi everyone,

sorry its been so long since I last posted, but things seem to be happening all over and some out of the blue.

Well started my 2nd stage of claiming against Blemain and others for PPI etc, but with Blemain I am going for a refund of the overpayment made to them and the charges they attached to my redeemed loan back in April 2007.

Having read the recent advises from the FOS regarding PPI and the recalculating of redeemed loans etc, I beleive that the company are supposed to recalcuate the loan from its initial inseption (start date) without the inclusion of the PPI and what the monthly payments would have been excluding the PPI payment etc, what the loan would have cost, how much was actually paid during its term and what the early redemption figure would be etc.

If this is right then I have used their calculations on the original figures of the loan and estimated the % of rebate etc and I calculate that they have overcharged me by about £3500 not including the statutory 8% interest the FOS usually advise on.

They have also sent me a breakdown of their so called charges they attached to my account on top of the redemption figure, and because I have now got a complete breakdown of the charges I am now also challenging the discrepencies between what they originally sent and the differences the new breakdown shows, as my original loan documentation does not state a Early redemption fee (MEF) and I have queeried this.

Their initial answer was that they have investigated this and as usuall say everything is above board and nothing else can be done, yet as soon as I replied challenging their final answer I quickly reminded them that I had already forwarded my complaint to the FOS and guess what, they have since replied (as my complaint as now esculated to the next desk) saying that they are still investigating my complaint and would write back within 4 weeks.

Please make my cheque payable as usuall to my wife and I.

merry christmas and its not been nice doing business.

One small step for mankind One giant leap for victory.

ding ding round 2.

 

keep smiling, we can still beat the banks.

 

regards

chris

 

Good luck on this one it seems denial and delay at the two main tactics being used no on PPI claims get the FOS involved and let them charge their £500 fee and deal with everything. They will (as you will no doubt be aware) require copies of all correspondence and documentation to assist in thier adjudication. It will also take a long time but 90% of claims are being upheld in favour of the consumer ;)

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 2 months later...

hi alalana, thanks for the advice, already on the ball with theFOS so thanks anyway.

Well, hello again everyone. Hope you all had a good ish christmas and a happy new year so far.

Gutted about how the Supreme Courts cried off regarding the bank charges. But other ways and means to follow. How quick for the banks to send out the letters to inform us, yet take a lot longer to start the process when 1st challenged.:mad:

Anyway back to my plight, sent docs etc to FOS at same time as letter to Blemain as they had their time to offer but went past dead line, and guess what, they replied at the same time as I sent my letter. Offered me slightly less than I have calculated so have sent bit of a sarcastic reply asking if this was a typing error as there seems to be a zero missing.:D

Obviously I won't be accepting it unless it is a deposit of 8-10% to which I may.;)

So on we go, i'm not rushed for it at the moment as it was redeemed a couple of years ago, so its a bit of a bonus for me when it comes.

 

Keep you informed asap.

 

Stay fresh peeps

 

Regards

Chris

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hi alalana, thanks for the advice, already on the ball with theFOS so thanks anyway.

Well, hello again everyone. Hope you all had a good ish christmas and a happy new year so far.

Gutted about how the Supreme Courts cried off regarding the bank charges. But other ways and means to follow. How quick for the banks to send out the letters to inform us, yet take a lot longer to start the process when 1st challenged.:mad:

Anyway back to my plight, sent docs etc to FOS at same time as letter to Blemain as they had their time to offer but went past dead line, and guess what, they replied at the same time as I sent my letter. Offered me slightly less than I have calculated so have sent bit of a sarcastic reply asking if this was a typing error as there seems to be a zero missing.:D

Obviously I won't be accepting it unless it is a deposit of 8-10% to which I may.;)

So on we go, i'm not rushed for it at the moment as it was redeemed a couple of years ago, so its a bit of a bonus for me when it comes.

 

Keep you informed asap.

 

Stay fresh peeps

 

Regards

Chris

 

Keep at them :D it gives their staff something to do other then sending duplicated letters within seconds of each other on the same complaint. which they eventually cannot deal with. :rolleyes:

 

PPI a massive regulatory risk has come back to bite the banks and others in the proverbial BUTT :)

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 2 months later...

Hi All,

Not been on here for a while.

I did get that £1000 from Click brokers as a gesture of goodwill and eventualy about I think it was £480ish from Blemain. I have thought long and hard and that is not good enough so I am going after Blemain again.

I want back the £2,817.08 early redemption fee.

I borrowed £25,500

PPI was £2,142.00

Brokers fee was £1,500

The lenders arrangment fee was £395.00

legal fees £118.00

Title insurance £125.00

TOTAL borrowed £29.780.00

 

Total repayments during course of 8 months = £1,455.00

 

Total we repaid to redeem after 8months was £32,958.00

 

Total repaid to Blemain = £34,413.00p

 

Any one think this is RIGHT!!!!

 

I do not see why we should have paid them £2,817.08 after only having the loan for 8 months.

 

I have gone over the agreement of mortgage charge over and over and can not find any thing about early redemption charges.

 

Any advise??

Edited by 4urbabies
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