Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • anotheruser0000
      Parking Fee Paid But Input Incorrect VRN

      By anotheruser0000 · Posted

      Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • dx100uk
      Parking Fee Paid But Input Incorrect VRN

      By dx100uk · Posted

      you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • anotheruser0000
      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

      By anotheruser0000 · Posted

      Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • lookinforinfo
      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

      By lookinforinfo · Posted

      Though it would be Highview you would  pursue. DCBL are nonentities-on their best day,
    • anotheruser0000
      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

      By anotheruser0000 · Posted

      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! 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.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Moneyclaim

southernscouser

By southernscouser
in NatWest Bank

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6516 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

southernscouser

southernscouser

Posted
Posted

Hi guys, I've read through everything but can't really find the answer to a couple of questions.

 

Firstly I sent my "Letter Before Action" letter on May 31. They replied on June 2 saying "I have alerted our lawyers and litigation department accordingly blah blah!"

 

 

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Now I gave them 14 days as stated above, but as they have responded and refused do I still have to wait until the 14 day period is up until I go to moneyclaim? :???:

 

The second question I have is when filling in the excel spreadsheet. In the left hand column (in respect of) do I just enter it as it appears on my statements because sometimes it says charges, sometimes paid referral fee? :???:

Link to post
Share on other sites
cheddar

cheddar

Posted
Posted

You don't have to wait for the 14 fdays you can do it now and i don' see why you need to separate the different charges on the Sheet but I did but thats just me! LOL!

Ex CAG helper ^_^

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted
You don't have to wait for the 14 fdays you can do it now and i don' see why you need to separate the different charges on the Sheet but I did but thats just me! LOL!

 

Thanks cheddar. :D

 

What I meant was on the spreadsheet it says either "cleared transaction" or "unpaid chq charge". Do I leave the appropriate one in the box or type my own? :???:

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted

OK I'm on the moneyclaim website but I'm a bit lost! :?

 

I'm at the stage of entering my "particulars of claim". So far I've put,

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I calculate that I am owed £777.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22nd December 2001 to 8th June 2006 of £268.63 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

Can someone advise what I put in here? :?

Link to post
Share on other sites
mountainofdebt

mountainofdebt

Posted
Posted

Good to see you on these boards....a case of you can run but can't hide eh????

 

Anyway the daily interest (as was pointed out to me!) is worked out by multiplying the capital by 8% and then dividing the answer by 365.

 

 

So the formula in your case is (777 x 0.08)/365 - sorry haven't a calculator to hand.

 

Just a quickie though I would add your account number somewhere in your blurb as Natwest solicitors reckoned they couldn't identify the account in their defence.

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted
Good to see you on these boards....a case of you can run but can't hide eh????

 

Anyway the daily interest (as was pointed out to me!) is worked out by multiplying the capital by 8% and then dividing the answer by 365.

 

 

So the formula in your case is (777 x 0.08)/365 - sorry haven't a calculator to hand.

 

Just a quickie though I would add your account number somewhere in your blurb as Natwest solicitors reckoned they couldn't identify the account in their defence.

 

Hello mate, hows it going?

 

I've just done my claim. No turning back now! :o :D

 

How are you getting on? What stage are you up to?

Link to post
Share on other sites
mountainofdebt

mountainofdebt

Posted
Posted

 

How are you getting on? What stage are you up to?

 

Am claiming £2130 plus the usual......got offered £1200 but turned it down and since then have heard nothing....completed court transfer allocation last friday.

 

 

Happy days eh,lol???

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted

OK submitted my claim through moneyclaim on Friday 9th (very exciting I must admit! ;) ). On the website it says 'Status of this claim - Issued'. However I'm pretty sure it said that as soon as I clicked the submit button. :???:

 

It then goes on to say 'Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.'

 

What I was wondering was, does it tell you when Natwest has been served with my claim? :???:

Link to post
Share on other sites
barracad

barracad

Posted
Posted
does it tell you when Natwest has been served with my claim?

 

There's not any way of actually knowing the exact date they receive it as it is sent through the ordinary post.

 

It will tell you if/when Natwest acknowledge the claim.

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.

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted
There's not any way of actually knowing the exact date they receive it as it is sent through the ordinary post.

 

It will tell you if/when Natwest acknowledge the claim.

 

Do you know how the below is enforced then? :???:

 

The Defendant has 14 days from the date they are served with the claim, to reply.

Link to post
Share on other sites
barracad

barracad

Posted
Posted

As the claim is sent through First Class post it will be "deemed served" after 2 days.

 

It's no guarantee they've definitely received it, but will be when the courts assume it has been delivered.

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.

Link to post
Share on other sites
mountainofdebt

mountainofdebt

Posted
Posted

As far as I can remember that far back with my claim, you should get a letter from the court in the next few days confirmng the date of issue. The letter will also state the date that it is deemed to have been served, usually about 5 days after it was issued.

 

This date (ie the date it was deemed to be served) is then used as a base date for all future action.

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted
As the claim is sent through First Class post it will be "deemed served" after 2 days.

 

It's no guarantee they've definitely received it, but will be when the courts assume it has been delivered.

 

So I'll assume tomorrow then to take into account the weekend! Thanks very much mate! I'm actually quite nervous now! :p:D

Link to post
Share on other sites
jubbit

jubbit

Posted
Posted

Also, when you get a copy of your claim in the post, the court will say your claim was issued on xxx date, the court sent it to the defendant on xxx day and it will be deemed to be served on xxx day - so they'll tell you the actual date.

 

They are very generous (to the defendant) mind you, mine was issued June 7th and deemed to be served June 12th! Natwest was able to receive & issue an acknowledgement before the actual 'deemed to be served' date was up!!!!

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted
Also, when you get a copy of your claim in the post, the court will say your claim was issued on xxx date, the court sent it to the defendant on xxx day and it will be deemed to be served on xxx day - so they'll tell you the actual date.

 

They are very generous (to the defendant) mind you, mine was issued June 7th and deemed to be served June 12th! Natwest was able to receive & issue an acknowledgement before the actual 'deemed to be served' date was up!!!!

 

Ha ha! Thats quite amusing. :D

 

So when they send the papers through the post are they in 'court marked' envelopes as I'm trying to keep my finances hidden from my folks (buckets full of debt :rolleyes: ) ? :-|

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted
As far as I can remember that far back with my claim, you should get a letter from the court in the next few days confirmng the date of issue. The letter will also state the date that it is deemed to have been served, usually about 5 days after it was issued.

 

This date (ie the date it was deemed to be served) is then used as a base date for all future action.

 

Cheers ears! :D (we need a thanks button :rolleyes: )

Link to post
Share on other sites
jubbit

jubbit

Posted
Posted

oops, seems I was writing mine the same time Mountainofdebt was saying the exact same thing! N'mind.

 

Quote: So when they send the papers through the post are they in 'court marked' envelopes as I'm trying to keep my finances hidden from my folks (buckets full of debt :rolleyes: ) ? :-|

 

It's a plain brown envelope marked private & confidential with a Northampton PO Box on the back, no mention of a Court, so as long as the folks don't open your post you should be alright! :p

Link to post
Share on other sites
mountainofdebt

mountainofdebt

Posted
Posted

I thought the envelope did state a return address of Northampton County Court.

 

SS - if your parents do ask then I would tell them that you are reclaiming bank charges....its been in the press so much now I would be more surprised if people DIDN'T start the process of reclaiming.

 

You don't have to mention anything about debts.

Link to post
Share on other sites
jubbit

jubbit

Posted
Posted
I thought the envelope did state a return address of Northampton County Court.

 

Nah, still got mine in front of me as only got it over the weekend & no mention of Court - unless they use different envelopes - as you say though, no need to tell your parents about the debt side of it, even if the envelope does say otherwise!

Link to post
Share on other sites
southernscouser

southernscouser

Posted
  • Author
Posted
Going to burst your bubble now.... got another one today to advise Natwest had acknowledged my claim - this one did have the court's name on it! Sorry SS!

 

Doh! :p

 

Oh never mind. I suppose I could just tell them! Just can't be bothered with answering all the questions! :-|

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...