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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
  • Our picks

Zomerzet vs Lloyds TSB!!! ** WON **


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Hi all,

After exhausting all other avenues I had court papers served on Lloyds on 11/05/2007 for £1,343.87. They have to reply by 24/05/2007. so far I have not heard from them so I'm hoping they will just pay as I do not relish the thought of going to court.

I must say I have gained a lot of encouragement by reading all your posts over the past few weeks though.

 

Many thanks to all.

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I have a questionfor everyone which is not really related to bank charges but would appreciate anyone's advice.

 

I use internet banking and over the last few weeks I have been printing my statements off on sunday nights. I have noticed that D/D's and S/O's that are due to go out on Monday's are being payed on the Sunday BUT.........they have the Monday's date on them!!!

Is this legal?????????

I have even had charges applied to my account because of this!!!

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I Don't See How It Can Be Correct But You Do Need To Check The Dates On Your Direct Debit Because They Could Take It Out At Midnight Sunday / Monday And Still Be Legal And You Would Still Be Overdrawn As You Can't Pay In Money To Cover At That Time , Hope This Helps , Lisam

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Don't know whether it is legal or not but I have noticed it too.

Also, were you aware that on personal accounts they only check for cleared funds at the start of the business day.

I have in the past paid cash in to return my account to credit but still had D/Ds returned!

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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This is common practice with Lloyds TSB. You can sometimes see the same thing in the late evening, where transactions are shown for the following day. Also, if you withdraw money at the cashpoint over the weekend / overnight it shows up immediately online but against the next working day.

 

As you are outside banking hours, I do not see any issue with this. It is not possible to deposit funds into the account in time to allow any payment to proceed. (The only possible exception is transfers between 2 personal accounts held with Lloyds, which are advertised as instantaneous, but I'm sure Lloyds will state somewhere in their T&Cs that funds must be available at the end of the previous working day prior to the Direct Debit/Standing Order.)

 

Of course, non of this stops you challenging the charges as unlawful!

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Thanks Pagan

It's the date thing I take most issue with, I don't see how this can be legal?

Also, regardless of what Lloyds say I have requested they make these payments on Mondays not Sundays!

I think I will try complaining to the FOS?

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With so many CCJ's against them, how are Lloyds still able to function as a financial institution?

 

If any of us had this many CCJ's we would be stuffed!!!

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  • 2 weeks later...

Update

 

Have not heard from Lloyds or anyone else for that matter, their deadline to acknowledge was last Friday so i have been into the court today and asked for judgement by default and for Lloyds to pay immediately!

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Update

 

Received acknowledgement of service today, SC&M filed on May 18th.

 

They now have until June 8th to file their defence.

 

Is there any letters I should write or should I now just wait?

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I'm afraid you have to play the waiting game now.

In the meantime you can be doing your homework on information required for your court bundle. But dont print ANYTHING off yet as it may not get that far.

Good luck ... keep us posted

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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More Lloyds abuse of dates just to get charges!

 

I checked my account online at 23.58 hrs on May 24th and there were no payments going out of my account.

 

When I checked again at 00.05 hrs on May 25th they had put a payment out dated 24th and my money coming in on the 25th!!!!!

 

They were going to charge me too! After about an hour on the phone and speaking to 2 advisors and 2 managers I managed to get them to stop the charge but only when I said I had printed off statements to prove what they had done!

 

I have now opened a parachute account and transfered all my income and outgoings.:D

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Whilst strolling around this site I came upon the social security administration act 1992.

 

As I have been on benefits (disability) since I opened my Lloyds account all the charges have been taken from my benefit payments leaving me at times peniless!

 

Does this make any difference to my claim???

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Whilst strolling around this site I came upon the social security administration act 1992.

 

As I have been on benefits (disability) since I opened my Lloyds account all the charges have been taken from my benefit payments leaving me at times peniless!

 

Does this make any difference to my claim???

 

Anyone???

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someone on another thread was talking about this but think it was in debt and debt collectors section try there and type in benefits in search see what comes up but i did read something , along lines of they can't take it from benefit money but could be completely wrong so have a check on there , lisam

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