Jump to content


  • Tweets

  • Posts

    • Part of the POFA rules for creating a liability to pay a parking co is identifying the land they control so is there another palce of the incorrect name? If so then photographs of the other site will prove that your vehicle cnat possibly have been there as the images they will produce wont match the background etc. If however Bromhall developments is the name of their employer would the land in question be known by the same name for the entire development?   The POC is the usual rubbish and inaccurate one they cribbed from Gladstones so can be attacked in your outline defence.   Now I have googled Broomhall developments and they are an Irish Co that has bult a similar named housing estate in IRELAND. ther is also  a Broomhall gateway development plan for SCOTLAND but nothing in England, let alone Sheffield specifically   defence has to be in a fortnight after the deadline for the AOS assuming you get that in on time.   On google noseyneighbour I can see signs near to the parking bays that say permit holders only so unless you have a permit the signage doesnt apply to youas you would be prohibited fro parking there anyway. So with this in mind were you parked in a bay or on the road? Were you visiting or connected to the property that bay was allocated to and if so can you find out if the bay is part fo the property and noted in the deeds. If it is then it has nowt to do with VCS.   So you are going to grab some pictures and then you compare these to the web site of Broomhall development in ireland and that will be part fo your evidence   Also ask council when the Close was adopted by council as it appears to be a public highway
    • Ericsbrother   If I had the opportunity at the time I would have argued the value on the Court claim, however this wouldn't have changed by a significant amount.  So asking for it to be set aside is probably not going to end this in the long run.   No we don't owe any money to the business.   We have a good set of books and records.  No account filed as of yet.   The company is still 'active' on companies house and has not been dissolved.  We only received the Notice of enforcement a few days ago.       What makes you think they can force entry into a domestic property?      
    • Sorry but I think that it is rather precipitative giving advice – and rather over-generalised advice at that – until we understand more detail about the circumstances.
    • now the terms will specify that they can cancel if weather if bad etc and you have to accept that but by doing so they have to accept that the voucher's term is extended or they must refund for their failure to perform to the contract. essentially you should have asked for a refund on a no fly day and they would have to comply and by continuing to  accept things you were blindly accepting alterations to the original conrcat and that makes things more difficult. i would write again giving them 14 days to refund as they ahve filed to perform to their contractual obligations and then sue them if they still dont cough up. However, this meaqns you must follow through with the threat of cort action so before you start you need to read up on the relevant consumer legislation and also about performance of contracts
    • They say I was on Broomhall Developments, the car was parked on Broomspring Close.  S37XA
  • Our picks

joolz

Confused - What to do next?

Recommended Posts

Just about to send DPA letter off to BOS. I have read that it is wise to open a new bank account if it is the account you are currently using that you are disputing. At what stage is it best to do this? Not really relishing the added hassle this will entail.

Share this post


Link to post
Share on other sites

asap.

 

Basically, if your bank decides to play silly buggers and default your account or close you down, they could also trash your credit rating (the lawfulness if this is highly debatable, but they do it anyway), making it harder for you to open an account later. The thing to do is to pre-empt by opening a parachute account now, just in case.

Share this post


Link to post
Share on other sites

Probably best to look around for best current account going now then and go for it rather than open a basic account somewhere just in case. I suppose BOS aren't going to be that keen to keep me as a customer once I try to recover what will probably be a couple of thousand pounds.

Share this post


Link to post
Share on other sites

I now have my statements and have calculated all of my charges for 5 years but I am not sure how to calculate the interest. Can you only claim it for the days you were overdrawn as a result of their charges and if so how do you work this out? Help!

Share this post


Link to post
Share on other sites

Hi Joolz,

 

Have you seen my spreadseet in the bank templates library. There are notes in the actual spreadsheet which will explain a lot. Come back if you can't open it or if you need further advice with it there's a thread going in general for help.

 

Good luck.:)


[

Share this post


Link to post
Share on other sites

Hi Vampiress,

 

I can't open this up as don't have excel on my home computer I only have Microsoft Works. Would be grateful if you could explain it to me.

Share this post


Link to post
Share on other sites
Hi Vampiress,

 

I can't open this up as don't have excel on my home computer I only have Microsoft Works. Would be grateful if you could explain it to me.

 

You could download OpenOffice - it's free and I believe reads Excel files just fine.


Bank of Scotland - £4000+ returned. Scottish resident, scottish accounts, but it's Halifax Bank of Scotland now, so took 'em to court in Halifax. One small claims, one defence filed, one refund of all charges + interest! Done and dusted.

Next - Capital One :D

Share this post


Link to post
Share on other sites

If you can hold on until I get home tomorrow night I'll convert it to works and send it to you. PM me your email address.


[

Share this post


Link to post
Share on other sites

I sent my first letter asking for repayment on 7th June, received a reply from BOS saying they will investigate my claim. What do I do now? Do I send my second letter and if so how should I word it given that they have replied to my first letter?

Share this post


Link to post
Share on other sites

I assume you are using the templates from this forum. If you are then you will have given them 14 days to sort things out. Once that 14 days have gone, and they have not refunded your money, you should send the LBA (letter before action). Read the step by step instructions on the site so that you fully understand the process.

Good luck.


Pam.

 

If anything I've said helps you then please feel free to tip my scales!

Share this post


Link to post
Share on other sites
I sent my first letter asking for repayment on 7th June, received a reply from BOS saying they will investigate my claim. What do I do now? Do I send my second letter and if so how should I word it given that they have replied to my first letter?

 

Hi joolz, I sent my first letter to BOS on 19/6, received acknowledgment on 21/6 then an offer of £90 this morning, so it took just over a week from first letter to first offer just hang in there. Nothing about DPA request yet though.


BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

Share this post


Link to post
Share on other sites

Update. Received cheeky further letter from BOS today acknowleding that they had deducted £1416 from my account over the last five years and offering a refund of £90 in full and final settlement. Has anyone else had this offer. Made me even more determined now, letter prior to court action will be posted out tomorrow.

Share this post


Link to post
Share on other sites

Received reply to my first letter stating they would investigate. Just received another letter saying that they had checked my account and agreed that they had deducted £1416 in charges from my account over the last 5 years. The letter went into why they did not accept my claim but stated they would offer £90 as full and final settlement of my claim. My letter before action will be in the post tomorrow. Has anyone else had such an offer?

Share this post


Link to post
Share on other sites

Yep, im claiming roughly same amount as yourself and they offered me £110 as full and final settlement.

I phoned them to say i was not happy to accept that offer as i am requiring the full amount, lady said she can only increase it to £320 as thats what shes authorised, i again said no , i require full amount and i shall be writing again to confirm that.

 

sent my LBA letter next day and this friday will be 14 days up.

 

good luck

Share this post


Link to post
Share on other sites

Four threads merged - please stick to one thread!


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Do I have to mention not accepting this offer of £90 in my letter before action. I have been stalling on this as I read somewhere in the forum that you should accept any offer insisting that you are continuing to pursue for the full amount. However, the letter from them and the form sent with it to sign makes it quite clear this is 'in full and final settlement offer' so I am reluctant to mention accepting it. I thought I would start the letter with "I write in response to your letter refusing my request for a full refund of bank charges of £1416, etc.. What do you think? Help!! beginning to feel a bit shakey about it all.

Share this post


Link to post
Share on other sites

i`ve seen several posts where the 1st offer was actually credited to accounts, if thats the case the money is yours now and you could always say.... accepting it as in interim payment only and you will seek the full amount owed blah blah blah.

 

Sign nothing!


Share this post


Link to post
Share on other sites

It has now been more 14 days since I posted LBA but I am due to go on holiday for a fortnight. Should I raise the action before I go or should I wait until I return?

Share this post


Link to post
Share on other sites

I think you have to give them 14 days after the first LBA "to reconsider" and to show that you are trying to resolve this amicably outside the court system. I would then file a claim after that.

 

As I understand it you can inform the court of dates you cannot attend due to other committments, holidays etc.

 

I would go ahead with the "final demand" and see what transpires

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Share this post


Link to post
Share on other sites

I have received the following reply to my initial letter to BOS visa.

 

"Thank you for your recent letter regarding the late payment charge, which was applied to the above numbered account.

 

As per the terms and conditions of your original agreement,which you signed to confirm you had read, understood and agreed to be bound by, a late payment charge of £25.00 will be applied to your account on each occasion that the minimum payment is not received by the due date shown on the statement.

 

After assessing the OFT findings our charges will be reduced as from 1st August 2006.

 

In view of the above, I regret to advise I am unable to refund the charges in question as they were applied to your account as per your original agreement.

I trust this clarifies the situation. Should you require any further assistance, please do not hesitate to contact our call centre on the above number.

 

Yours sincerely,

 

Anyone else received a similar reply. I will just go ahead and send the letter before action now anyway.

Share this post


Link to post
Share on other sites

Anyone had a similar letter and if so how did you word the letter before action?

Share this post


Link to post
Share on other sites

Looks like a perfectly standard letter from them, commonly known on this forum as the "sodoff" letter. :)

 

Read the FAQ's, request your statements (the S.A.R - (Subject Access Request)) if you haven't already, then send either the preliminary letter stating the charges and interest amounts you're claiming, or LBA, as appropriate. The FAQ's have links to standard letters, but also have a look through other threads to find modified ones too which may be more appropriate for you.

 

Good luck and keep posting!


BOS CC1 S.A.R - (Subject Access Request) sent 14/9/06

BOS CC2 S.A.R - (Subject Access Request) sent 14/9/06

FD CC SAR sent 14/9/06, PAR sent 10/10/06 claiming £457, sodoff letter rec'd 25/10/06, LBA sent 26/10/06

MBNA CC SAR sent 14/9/06, reply 22/9/06 looking into it, sodoff letter +£400 GW rec'd 13/10/06

 

Let Battle Commence...

Share this post


Link to post
Share on other sites

Checked my bank account today to find that BOS had paid in £717 claimed for charges but no interest or expenses added on. Court hearing date is two weeks away. What should I do? Have not received any communication from them as yet. I have about another £800 worth of charges to claim which I will pursue once this is concluded.

Share this post


Link to post
Share on other sites

Hi joolz,

I forgot to calculate my interest when I claimed against BOS.They settled my claim in full on my return date. I then wrote to them asking for my £200 odd in interest and my £39 court fee. They payed both within a couple of days.

 

Best wishes.

 

Scott


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

I just put plus 8% on the court paper but didn't actually work it out. Not sure what to do now might wait to see what any communication says. They are just chancing it really, aren't they.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...