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    • I hope you noticed that your posts have had to be restructured first of all my my site team colleague and then your second post by myself. Please can you present your posts properly spaced and punctuated. It's extreme difficult for people to follow when they are in solid blocks of text – especially when people using small screen such as telephones. Thank you. Please stand by for a fuller reply later
    • So far the declared value is confirmed and documemted the first Claim got agreed and they kept delaying saying the refund will show 5-7 days for BACS but that not true!   I VE been chaising this since 28th september, told on 2nd October I needed to send my bank details again as they seemed they got it wrong but not my fault yet they had it since 2nd October! Thats over 2 weeks! I   GET Money via bank bacs and from Europe and recently in 3 Days and in the UK its same day and instant!   They re messing me about and nothing else!   For contents its a Marshall  speaker small bleutooth one value 127.99   And 2nd parcel stollen last week and an empty bag delivered yesterday for Marshall Headphones vzlue 121.99 all sold via virifiable links and invoices and all fully covered tonits value, and payment all prooven as well as refunds.   The first claim was agreed but still no payment   2nd Claim had to file it yesterday and he re the empty bag!
    • Yes it will be straightforward – but you may as well give us better information so we can check that everything is in a row. What was in the parcels? When were they sent? Was the value correctly declared? I understand you had insurance.   Have you been formerly declined compensation? If so then what was the reason given?   Also, you need to spend some time reading up on the Hermes threads on this sub- forum so that you understand the way it goes. It is pretty well always the same. It's essential that you understand the steps and so it is essential that you do the reading. In addition to answering the questions above, please confirm that you have done the reading or the you will be doing it.
    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.  I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f); (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4)); (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver; (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available; (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made; (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you weresent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) " Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver. So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS]. They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
    • I can't remember if we mentioned that Door Matt was offered a job as UN envoy to help Africa to recover from Covid.   According to several people on Twitter, the UN seem to have read the joint select committee report on the UK's handling of the pandemic and withdrawn the job offer.
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Updated Scottish Procedure


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Step by Step Guide for Residents of Scotland


Note: Most people claim back charges for the last five years in Scotland. However, there have been a number of claims that have successfully gone back further, and as of April 2007 there are several claims in process using arguments which, if successful, should open the way for claims going back up to twenty years.


1: Get your statements


Send a Subject Access Request under the Data Protection Act 1998 to receive all information held by them about you. Make sure you specidfically ask them to include a list of transactions. Bank Statements per se are not covered by the Data Protection Act, but most banks will send these out to you to comply with your request for a list of transactions.


2: Add up your charges

Use a spreadsheet to detail all the penalty charges the bank have taken from you over the past 5 years.


3: Write and demand that they repay those charges

Send the Preliminary Letter from the templates library to demand the charges back. Make sure you include a copy of your list of charges.


4: Send a Letter before Action (LBA)

If the bank doesn’t refund your charges after the first letter, send a final letter demanding the bank repay your charges, and threatening legal action if they don’t. At this stage you should decide if you are going to take the claim through the Scottish Courts system, the English Courts system, or if you will use the Financial Ombudsman.


Option 1) Claiming through the Scottish Courts System

(Guidance notes for small claims from scotscourts.gov.uk)


Small claims limit in Scotland is now £3,000. Summary Cause and Ordinary Cause are available tracks for higher amounts BUT ARE NOT RECOMMENDED for individuals. If you lose in Summary Cause or Ordinary Cause you will be fully liable for the bank’s costs. Although it is most unlikely that the bank would attempt to justify their charges, their atrategy is far more likely to involve trying to have your claim struck out on a technicality,which would still expose you to their costs.


Option 2) Claiming through the English Courts System

If your charges are over £3,000 and your bank’s registered office is in England, you can take action through the English Courts system. The limit for small claims in England is £5000. Fast track in England (p to £15k) is also open to litigants in person. You will not be able to use moneyclaimonline.co.uk, because it requires an English address for the claimant. Instead, you will need to fill in an N1 claim form, which is available in the templates library. It is very straightforward to fill in.


Option 3) Claiming through the Financial Ombudsman.

This is suitable for any level of claim, and the Financial Ombudsman Service (FOS) handle your claim to resolution. There is no reason why the FOS will not get a full refund for you, and the timescales can be around 8 - 12 weeks from the complaint. There is a section on the FOS website with details how to proceed.


5: Take Action


Small Claims in the Sheriff Court


Small Claims Guidance Notes (from scotcourt.gov.uk please read before proceeding)


Costs: ( court lodging dues )

claims under £200 = £15

claims over £200 = £65


If you are on a low income or benefits you may be exempt from court fees. The form to claim this is here



Claims below £200 - no award for expenses to either party

Claims over £200 to £1500 - maximum expenses award £150

Claims over £1500 - not more than 10% of the sum claimed


These may be awarded against you in the unlikely event that you lose, or if you do not comply with directions issued and your claim is struck out. It is very rare for costs to be awarded to either side in a small claims action.



Interest should be added to each charge using this spreadsheet. The total amount of charges plus interest will form your claim. This means that if your charges amount to £500, and the interest from the date of charge amounts to £200, your total claim will be for £700. The judicial interest which is refered to in the claim form is calculated from the date of service, which means from the date that the claim form is served on the bank.


To raise a small claim two forms need to be completed, which you can get from your local court, 1A and 1B. 1B is the copy served on the Defender and both copies should be completed identically.


Attach a copy of your schedule of charges to each form




Form 1A - Download in MS WORD HERE - in PDF format HERE


The form is here

It is divided into sections and is quite straightforward to complete



1: Enter name and address of your local sheriffs court

( read notes about Jurisdiction here)



2: Enter your name and address (you are the Pursuer)


3: Enter the name and address of the bank you are suing.

(read notes about Jurisdiction here)

(They are the Defender)


4: This is the value of your claim. Enter the following...





The Pursuer claims form the Defender the sum of £ XXX.XX (charges) with interest on that sum at the rate annually from the date of service, together with the expenses of bringing the action.






5: Enter - ''None'' - this is for solicitors/representatives names as your claim is in Small Claims this is not required.


5a: Enter - '' Not Applicable'' - this is only used for submitting documents electronically


6: Leave - this section will be completed by the Sheriff Officer


7: Enter your particulars of Claim as follows (amend to your own claim);




The Pursuer [your name], has held a bank account with the defendent since [DATE] the account number being ******. The Defender deducted from the account various amounts of money in unfair charges during the period [DATE] to [DATE]. These were in respect of 'charges as notified' (levied if a cheque, direct debit or standing order payment was returned because the specific overdraft had been exceeded) The Pursuer contends that these charges were legally unenforceable and therefore the Pursuer is demanding repayment of them. The Defender has refused full payment of these monies due. No admissions are made by the Pursuer as to the incorporation of any term into the contract between the Pursuer and the Defender purporting to entitle the Defender to levy unfair charges. If the Defender is able to establish that the contract did contain these terms, the Pursuer will will contend that these charges are unenforcable by law, being unfair charges designed to penalise the Pursuer for breach of conduct and generate profit for the defendant for the actual loss occuring to the Defender rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the Defender as a result of the breach. The Pursuer claims from the Defender a sum equivalant to the amount unlawfully debited from the Pursuers account from [DATE] to [DATE]. The sums are in the attached schedule. The contractual provisions that permit the Defender to levy such charges in unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) . The Defender has a branch in [PLACE] therefore it is under the jurisdiction of this court. The Pursuer claims £XXX.XX as the sum unlawfully debited.







Form 1B should be completed exactly the same.


Download in MS WORD HERE - in PDF format HERE




6. Take these forms to the Sheriff Courts with your fee and your schedule of charges.

7. The court will send the summons along with the schedule of charges to the bank.


You will be sent back form 1a with the return date and the hearing date added on to the form by the court. This may take up to 2 weeks.


8. Contact your Court the date AFTER the RETURN DATE to ask if the bank has shown intent to defend your claim. Bear in mind that solicitors often leave it to the very last minute on the return date to file their defence. If the bank does file a defence, you will then have to take your form back to the court 2 days BEFORE the hearing date.


9. If the bank do defend, you will have to attend court on the Hearing Date. This hearing will be a PRELIMINARY HEARING. The Sheriff will decide if all reasonable steps have been taken before court to come to an agreement between Defender and Pursuer. If he is satisfied then an PROOF hearing date will be set. This is the hearing for the presentation of evidence, and will be set for about two months after the preliminary hearing.

Edited by maroondevo52
  • Haha 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed


The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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