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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • 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.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
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Banks are entitled, legally for once, to offset charge refunds against debts owed.

 

Can you back this up with some evidence?

 

Banks ARE entitled to offset debts with one account from funds in another, this does not entitle them to offset debts with refunded charges.

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Can you back this up with some evidence?

 

Banks ARE entitled to offset debts with one account from funds in another, this does not entitle them to offset debts with refunded charges.

 

Which is what they would be doing should they refund reclaimed charges, only in this instance from the same account.

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Which is what they would be doing should they refund reclaimed charges, only in this instance from the same account.

 

Thats nonsense!

Unless you can back up your claim with legislation or other information, i would refrain from advising people what banks can and cant do

 

Banks are entitled, legally for once, to offset charge refunds against debts owed.

 

Where did you find this piece of legislation?

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Thats nonsense!

Unless you can back up your claim with legislation or other information, i would refrain from advising people what banks can and cant do

 

As you are contesting it, how about you proving me wrong?

 

Where did you find this piece of legislation?

 

I didn't quote legislation, my meaning is that they aren't doing something unlawful for once.

 

 

I don't like what they are doing, I believe the claimants should have the choice of having a cheque. As such I'm not going to do the research that proves a bank's case for them. You proving me wrong would be far more beneficial for the readers of CAG don't you think?

 

The fact of the matter is that unless a deal is struck the bank are doing no wrong paying refunds back into the account they were taken from and so doing repaying any debts that might be outstanding.

 

In this instance I'll be quite happy to be proven wrong.

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As you are contesting it, how about you proving me wrong?

 

Banks are entitled, legally for once, to offset charge refunds against debts owed.

 

So basically, you have made a statement, advised another claimant that they wont get a cheque, that the bank are entitled to use the claimants refund to offset other debts, but you have no evidence to substantiate your claim?

and yet we have to take your word for it or prove you wrong!.

 

I am afraid i will not be attempting to prove you wrong, but, i will be advising all claimants and anyone else who reads this, to take anything you say with a pinch of salt as it is unsubstantiated nonsense.

I am on the verge of reporting your conduct, as i believe posts like yours could be detrimental to other claimants cases.

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Hello Stevokenevo no I haven't started my court claim yet and no it is not for the full amount so I will proceed Thank you again for your help

crystal ;) ;)

 

Good Luck Crystal, dont let them take you for a ride

 

And muggles, my apologies for the way your thread has been hijacked!!

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So basically, you have made a statement, advised another claimant that they wont get a cheque, that the bank are entitled to use the claimants refund to offset other debts, but you have no evidence to substantiate your claim?

 

What I said was that they can insist, they can ask, but the likelihood is that they won't get the cheque, most don't. Which is somewhat different to the words you are putting in my mouth.

 

The banks are doing nothing wrong by offsetting the charges against the debts. You can either accept what I say as the truth or you can disprove it. At the moment it's your word against mine.

 

and yet we have to take your word for it or prove you wrong!.

 

So please explain why what you say is more correct? There's been no evidence from you either.

 

 

I am afraid i will not be attempting to prove you wrong, but, i will be advising all claimants and anyone else who reads this, to take anything you say with a pinch of salt as it is unsubstantiated nonsense.

I am on the verge of reporting your conduct, as i believe posts like yours could be detrimental to other claimants cases.

 

 

Advise what you like, complain as much as you like. The fact remains that you'll find that I'm correct whether you like it or not.

 

So if you want to accuse me of being wrong prove it, if you want to complain I'm handing out spurious advice then prove it. In other words, sh*t or get off the pot.

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i thankyou for your apology stevenco but i must say i am very dissapointed in the way the pair of you have hijacked my thread for a slanging match which was not very helpful for anyone and confused or scared off alot of people who are still quite nevous about about making a claim in the first place... i am in the same place as crystal and needing similar advise, please take your argument elsewhere or i will be forced to report both of you......

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thanx, stevenco n kurt........

my original question which crystal wanted an answer to also, seems to have gotten lost in your petty squable about who is right n wrong this site is for helpful advice n support we start bikkering between ourselves we loose.. they win...

original question for any one out there with any HELPFUL advice would really be gratefully recieved to get my thread back on track. We have both had our accounts closed and the debt passed onto a collection agency, can we insist on payment by cheque or into a diffferant bank account as i have already negotiated a 1 off full n final payment to them for considerably less than they were charging me enabling me to pay off some other debts. thankyou to any 1 who has been patient enough to wade through the last few posts n stick with me

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  • 3 weeks later...

any body out there, i have had my offer from rbs but it crossed in the post with my lba letter now the question is i made a boob on my earlier letters to them asking them for about £800 less than they owed me as i got confused with what i could n couldnt claim, so they have offfered what i originally asked for but after i gave them a call asking for the remainder was told if i wanted that i would have to take legal action and that would be my decision,

should i jus ttake the original offer or go for gold would this look bad on me should it go to court... argh

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my situation changed cos i was going to go in all guns blaring for the remainder but after being in a car accident it has kinda took the wind out of my sails a bit n i am going to be about a month without earnings as i am unable to return to work.i am also without transport until the insurance claim goes through priorities change just when i was getting on top of my debts ( well at least climbing the hill not quite at the top!!)

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Oh dear, it is a bit of a muddle muggles ;-)

 

If it was me, i would rewrite the LBA with the amended amounts, and a note at the bottom saying this letter supersedes any previous letters you have sent them. Give them the same 14 days and then take it from there.

 

They may send you a revised offer, or you may have to just go ahead and issue your court claim.

 

I dont think it would look bad on you, as you have revised your demands, but, gave them plenty of notice.

 

I would not even consider accepting the reduced amount.

 

Just make sure you put a revised schedule of charges in with your LBA detailing exactly what you are looking for, and that should avoid any misunderstandings.

 

Good Luck

 

S

 

If/when you issue your court claim they should soon cough up the full amount.

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i think i will send them another lba with the same revised spreadsheet, the other thing i sthey sed they would pay it into my account now this account started in moh name with me being added, as the account then was closed by rbs it became impossible for him to get another account as believe it or not he dosent have apassport ( we not bin able to go abroad ) and due to a driving ban has no driving liscence either,so he has his wages paid into an account in my name only. can i ask them to pay it into this account how likley am i to get this ????

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would it be worth me adding also a note about how to pay me the money back as we no longer have an account with them cos they closed it !!!

any ideas how t word this as you can see i am not the brightest bulb in the box :D

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can i ask them to pay it into this account how likley am i to get this

 

If the account you are reclaiming the charges from has been closed, then they cant transfer money into it. So they will have to pay you by cheque i would imagine? I cant see any other way.

 

would it be worth me adding also a note about how to pay me the money back as we no longer have an account with them cos they closed it !!!

 

YES ;-) for the same reasons as above

 

dya have a number for sandy watt

 

I dont have a number, but, i think you could try emailing. i think it would be something like [email protected] ? might be worth a try.

 

i am not the brightest bulb in the box :grin:

 

You sound just fine to me ;-)

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  • 2 weeks later...

update on wots goin on, decided to accept offer, it is right even though our account "was closed" and the debt/loan which we had with them passed to a debt agency after phone call made to them the account to them is classed as resricted meaning basically the account is still rnning in their system n all money gained back from us to the debt agency gets paid into the account, therefore when they pay out our money it will go into that account then anything left over will be paid to us

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After being put through to another office which deals with this i got through to a very nice bloke and explained to him that if we paid the debt off first would we then get all the money paid to us, he said yes of course, n with a smile in his voice asked if we had already conntacted them to make a full n final offer at a reduced price, as yes the bank wud have to accept what the debt collectors had agreed with us

which of course we had done n got it knocked down by £700.

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