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    • There are a number of reasons why you may not have been issued a notice in the post within 14 days. If you were stopped by the police it may have been given verbally. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and £100.00 fine by post or an offer of a speed awareness course. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. A Guide to a Notice of Intended Prosecution | Motoring Offence Lawyers the above copy n paste link has purely been copy n pasted here to inform you of the regs, which you could have done yourself by, as this is, a google search......... we do not ever recommend using such offered webservices! dont dx    
    • all DYL's are subject to a TRO. looking at this newish, ever increasing as old ind units have gotten removed, estate, there are only lines on one side, on the other there is a parking lane with traffic calming through which you mention. i seriously doubt your mate has any clue what he is talking about.!! its not a private housing assoc estate. so its a public council owned road. no construction co can just decide to draw their graffiti on a road. the DYLs are certainly there pre 2016 even before his home was built. now ive had a quick look to see if the main access to royal park road has signs. there is no royle park road even on your map but there is a royal barn road which leads to where you are parked royal road has a restriction sign on the pole by the fence of the electric substation jnc with gipsy lane there does not appear to be one leading in from the other end - tesco petrol station
    • Hi All. I was driving in Stevenage down a 40 road after coming off the motor way, i noticed my car felt a little "weird" i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intolerant on date night, we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i haven't received anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. Should i query the ticket as i don't want to miss any deadlines (if so who do i check with?) OR should i keep quiet. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt received any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her mail until last week. She received a letter dated 09/04/2024 stating she had failed to insure the vehicle and there was a £100 fine which could be reduced to £50 if she responds by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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 
        • Thanks
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
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My own NatWest claim


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Leaving the kids (http://www.consumeractiongroup.co.uk/forum/natwest-bank/55856-son-steven4064-natwest.html and http://www.consumeractiongroup.co.uk/forum/natwest-bank/86848-daughter-steven4064-natwest.html) temporarily I discovered that NatWest put some charges on my business account when I first started in business on my own in 2002 and cash flow was a bit tight.

 

What is particularly irksome is that one of the charges was for unarranged borrowing. My overdraft peaked at around £1016 that month but my overdraft limit was £3000. They shouldn't have charged me that even by their rules!

 

It's not much but it's mine. I have all the statements so it's off with a preliminary letter including contractual interest.

 

Steven

 

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Steven. Amount is not important. Its your money taken unlawfully from your account, and you have a legal right to claim it back. End of !!!!!!!! :)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Thanks Alan

 

I'm going for style as well on this one!

 

BTW I have the T&Cs from the beginning of the account too.

 

Steven

 

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I'm going for style as well on this one!

 

As always my friend! ;)

 

Best of luck steven xx

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Hi steven

 

they will bounce cheques if u haven't got cleared funds

 

ie your account shows £1000 overdrawn but you have to wait 5 working days for your credits to your account to clear

 

scott

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Hi Scott

 

I didn't make payments for £2000 though - I had more than enough cleared funds for the payments I made as I was well within my agreed overdarft limit

 

Steven

 

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Hi Scott

 

I didn't make payments for £2000 though - I had more than enough cleared funds for the payments I made as I was well within my agreed overdarft limit

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

Know the feeling i would have £20k showing in credit (no overdraft facility) and they would bounce cheques as uncleares funds

 

Scott

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I have created a simple web site here for the various Nat West T&Cs I have. I have also put a file detailing why the charges are penalties which can be used in a statement of evidence.

 

Steven

 

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I want to be very clear in this claim about what the issues are and, as I said, I'm going for style. So here goes. This is my proposed preliminary letter.

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxx SORT CODE xxxxx

 

I have recently come to understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are contrary to the Common Law on penalties and liquidated damages in contracts, since I have reason to believe the charges exceed your losses consequential on these breaches of contract.

 

If you disagree that direct debit refusals, exceeding overdraft limits and so forth are breaches of contract, please justify this assertion. If you disagree that these charges exceed your losses, then will you please demonstrate this by letting me have a full breakdown of the costs which you have incurred as a result of my breaches of contract.

 

Further, I consider that the imbalance in your favour in applying compounded interest to these penalties (which, due to their unlawfulness, constitute borrowing of my money without my permission) and no fairness in this being reciprocated in your use of my money, constitutes an unfair term in the contract. Therefore, I am claiming compound interest at Nat West’s unauthorised borrowing rate on these charges.

 

This letter constitutes a formal request for you to repay charges totalling £xxx and listed on the enclosed schedule, plus interest at Nat West’s unauthorised borrowing rate of £xxx, making a total of £xxxx.

 

I expect a positive response within 14 days accepting my request in principle and letting me know a date by which I will receive payment. I believe that this is more than sufficient for a large company such as yours with dedicated staff and large resources.

 

Yours faithfully,

 

Steven4064

Any comments, improvements?

 

Steven

 

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How can we possibly improve!!! The paragraph explaining why you're applying contractual interest is clever - it's inviting them to try and justify their actions (which we all know won't happen anyway!)

 

The only thing I wish I'd added into my prelim (with the benefit of hindsight!) is a paragraph that makes it quite clear that this is not a letter of complaint. Nat west seem to be hiding behind the whole 'complaints procedure' with our claims - hence dragging the claims on and not responding to our timescales, resulting in us filing at court even though they pay up in the end anyway! Just a thought, but it's a paragraph that I'll be adding to all of my future prelims in a fruitless attempt to stop them dragging things on further!!

 

Best of British Steven! xxx ;)

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The contractual interest paragraph is no t original but nicked from elsewhere on CAG. Thanks for the 'complaint' idea - I'll try and make that evenb plainer

 

Steven

 

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Because of this: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html I am going to have to change my approach - which you can see the germs later on in the same thread.

 

Here is the new approach:

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxx SORT CODE xxxxx

 

I have recently come to realise that the fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth, substantially exceed your costs in handling these events and amount to unauthorised profit, which is not allowed under common law.

 

This letter constitutes a formal request for you to repay £xxx, which I estimate to be the difference between the charges listed in the attached schedule and your actual costs, plus interest of £xxx based on Nat West’s unauthorised borrowing rate of 29.5% compounded, making a total of £xxxx.

 

This letter is not a complaint and so I do not expect it to be handled using Nat West’s complaints procedures. I expect a positive response within 14 days accepting my request in principle and letting me know a date by which I will receive payment. I believe that this is more than sufficient for a large company such as yours with dedicated staff and large resources.

 

Yours faithfully,

Comments anyone?

 

Steven

 

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  • Haha 1

 

 

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Steven,

Good letter, and I may even pinch a few bits for a revised LBA on another account I have waiting in the wings. (you've been duly clicked in gratitude) !!

I was about to file my POC using the standard arguments for Ci, but bearing in mind recent events on other thread both subscribed to, now considering modifying my approach too.

 

Will be intersting to see what (if any) response such letters bring ?

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Thanks photoman. On this one, I'm not going to use the unlawful charges for breach of contract at all. I'll keep you posted how it goes.

 

Steven

 

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Excellent letter and a wise move given the ruling in the attached thread. Hope you don't mind, but I've poached a couple of paragraphs for my parents claim as well! ;)

 

Nice one! Hedgey xxx

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Feel free hedgey

 

ps I've PMed you

 

Steven

 

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Sent revised prelim letter today ('signed for' of course)

 

Steven

 

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Sent revised prelim letter today ('signed for' of course)

 

In which case put your feet up, have a glass of wine, order a takeaway and wait for ............................. hmmm - nothing!!!! Although you may be lucky on this occasion and at least get a standard BOGOFF!

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They had better no send a standard BOGOFF - I used your idea of saying it wasn't a complaint and therefore didn't expect to be put through the standard complaints procedure.

 

Steven

 

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Cripes, I'd best keep ma' fingers crossed then!

 

Hope it works............. I'll be using it on all future claims if it does!!!! ;) xxx

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steven4064 et al

 

Hi! I've been following this thread and the parallel thread (Contractual Interest - Precedent - LOST) with great interest for a week or two now.

 

 

My circumstances are very similar to yours in that I'm chasing NatWest for for unlawful bank charges, as well as interest incurred as a result of those charges and contractual interest (compounded) on both.

 

http://www.consumeractiongroup.co.uk/forum/general/95909-particulars-claim-when-asking.html

 

I was arguing for CI on the basis of mutuality and reciprocity which, it would seem, is now doomed to failure. I'd already got as far as submitting my N1 but rather fortuitously, as it happens, it was returned to me as my application for the court fee to be remitted was rejected.

 

That being the case, I'm now looking to resubmit it but will now be arguing for CI on the basis that it represents an equitable remedy to NatWest having profited from a fiduciary position, contrary to common law.

 

I ought to say at this point, I'm a journalist with little or no understanding of the law and it has taken me a long, long while to grasp this argument - indeed I would never have done so without all the help and advice you and others have offered on this thread and elsewhere - but I think I'm finally getting there.

 

Suffice to say, I'm now preparing to resubmit my court claim and am seeking some reassurance as to how best I should fill it in. As regards my 'Brief details of claim', I've removed the paragraph referring to CI on the basis of mutuality and reciprocity and intend to replace it with the following...

 

The Claimant claims contractual interest (compounded) at a rate of 29.5% per annum from March 2001 to June 2007 as an equitable remedy to the defendant having, contrary to common law, profited from a fiduciary position.

 

Does that seem okay? And, assuming it is, how much more detail do I need to add to this in my 'Particulars of claim' which I'm hoping to put together tonight?

 

Thanks in anticipation of your continuing help and co-operation

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hi Fred-Funk............ Steven's away on business this week - but I'm sure he'll respond as soon as he gets back.

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hedgey06

 

Thanks for letting me know - I thought he'd been a bit quiet these last few days.

 

In anycase, you, clearly, know a thing or two about all this; what do you reckon to what I've written above?!

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hi Fred

 

I've juts dropped in between coming back from a business trip and going on holiday tomorrow. I am exploring this way forward at the moment both on CAG and off. My claim is at the LBA stage and I would intend to godown this route when it comes to making a court claim. What that all boils down to is that I have not quite decided on the ddetails yet.

 

Your brief PoC looks OK and I don't think you need much more in your main PoC. Where it will be necessary to get it really right is in the Statement of Evidence. It could be that you are a couple of weeks ahead of me. If you PM me with your e-mail address I'll forward some stuff I was sent.

 

Which court are you claiming through BTW.

 

Also I should point out that I haven't got any legal training either. I have however, sought some legal advice (not come yet though).

 

Steven

 

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didn't cankster get a stiff slap from his judge on his arguments for CI?

 

one of which was that 'a fiduciary position' did not exist

 

I may be wrong but I think that was part of the judge's argument

 

ooh, and Steve, can I see that too, I'm waiting for acknowledgement from Natwest any day now

 

ta much

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