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    • more detest the insurrectional ex variety dx
    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now. PS  Yes I meant to say that the keeper did not have a licence therefore it was wrong of them to assume he was the driver and the keeper. Thanks for picking that up.
    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (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; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
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      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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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 brother V's Halifax ***WON***


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ok have worked it out and the charges comes to £1,468, i know that the 8 interest gets added on at the court stage but on all the statements where there is a charge there is also a line which says

 

Interest debited - notified last month.

 

There was no overdraft with this account so should this interest be added no to go with the prelim

 

Thanks

You can use the spreadsheet from the site to calculate interest debited and how much is due to the charges - get the complex version (Link in sig below).

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Hi there, about the "charges as notified question"

from reading through other threads and posts, it seems at one time they were using this fact to kick up a fuss, but currently they have not been making any reference to the matter at all. (Since you requested all information and thats all they gave and all...)

I've recently sent my table of charges off with only that as the detail, and several winners in the last few days have done the same.

 

Good Luck!!

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  • 2 weeks later...

ooo, its getting closer, drafting LBA today to go on tuesday morning, becuase they made an offer afternm my prelim should i change the opening line of LBA from "I am dissapointed with no response" to "dissapointed with no satisfactory response"

 

Thanks in advance

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there is a letter rejecting the offer in the templates library just in corperate it in your LBA

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Yep, just put in a 'lack of satisfactory response' bit instead.

 

All the best with your claim,

 

Lucy.

Lucycat vs. Halifax 13/9 - £4496.99 - WON!

 

Lucycat vs. MBNA (Alliance & Leicester) - 16/11 - Offer of £295 received - pursuing £575.

 

Lucycat vs. HSBC - 15/11 - MCOL filed - £1438 (& interest at 8% - another £392.49)

 

Lucycat vs. Capital One 15/11 - Offer of £136 received - pursuing £340.

 

Lucycat vs. Halifax - Mortgage ERC - 18/10 - LBA sent - £466.32.

 

Lucycat vs. Halifax - Mortgage Charges - 9/11 - D.P.A. Non-Compliance letter delivered.

 

Lucycat vs. LloydsTSB - Loan PPI - 5/10 - Statement received.

 

Lucycat vs. LloydsTSB - 20/10 - Prelim sent for £45 - returned undelivered, recipient has 'gone away'...! :o

 

* Lucycat vs. Carphone Warehouse - 13/11 - S.A.R. delivered. * Lucycat vs. Volkswagen Finance - 9/11 - S.A.R. delivered. * Lucycat vs. Barclaycard - 15/11 - S.A.R. sent out.

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  • 2 weeks later...

hi there,

reading other threads it seems not, put in charges as notified, the banks can defend or explain them if they have to!! as long as that money has been taken from your account for charges as notified it is refundeble good luck:lol:

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ok guys, im going to submit MCOL tomorrow, a few questions

 

1) Im assuming im ticking no to the breach of human rights section, but do i tick yes to the right to reclaim interest.

 

2) I have opened the MCOL account in my name but am claiming for my brother, his name is down as defendant can i tick yes to (I am the claiment at the end ) or will he need his own account.

 

Thanks in advance (its getting exciting isnt it)

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ok guys, im going to submit MCOL tomorrow, a few questions

 

1) Im assuming im ticking no to the breach of human rights section, but do i tick yes to the right to reclaim interest.

 

2) I have opened the MCOL account in my name but am claiming for my brother, his name is down as defendant can i tick yes to (I am the claiment at the end ) or will he need his own account.

 

Thanks in advance (its getting exciting isnt it)

 

Hiya

 

Your nearly there, I didnt do MCOL, I had to go into the court, but from what I know answers to your questions -

1 - NO

2- the banks the defendant, your brother is the claiment

 

if I am wrong Im sure someone will jump up & say so.

 

Good Luck with Your Claim

 

Angi x

pm me if you get stuck ok

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hiya

 

Your nearly there, I didnt do MCOL, I had to go into the court, but from what I know answers to your questions -

1 - NO

2- the banks the defendant, your brother is the claiment

 

if I am wrong Im sure someone will jump up & say so.

 

Good Luck with Your Claim

 

Angi x

pm me if you get stuck ok

 

YES to the interest (sorry missed it out)

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi dj,

 

I did my MCOL on Tuesday,

 

MCOLL ONLINE filed tonight.... total charges (including 8%) now over £5,000 so court fees were £250. :shock:

 

Let the biting of fingernails commence.....

 

and then,

 

Received notice of issue today,

 

case will be deemed served on the 9th Oct,

 

defendant has until the 23rd Oct to reply..........

 

You can check my responses so far by clicking on the link in my signature.

 

Good Luck!

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Hi

 

Claim issued 26/9, Acknowledgement of service 29/9, served 1/10.

Offered me charges, overdraft interest and court costs back, but refusing to pay the 8% s.69 interest. Awaiting their response currently.

 

Have also contacted the MCOL helpline people to make sure I'm entitled to the s.69 interest (though I'm pretty sure I am as everyone is claiming it!).

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Have also contacted the MCOL helpline people to make sure I'm entitled to the s.69 interest (though I'm pretty sure I am as everyone is claiming it!).

 

You are entitled to claim it,

they are entitled to offer whatever settlement amount they like,

you are entitled to refuse it,

they are entitled to either make a better offer,

or go to court and defend themselves.

 

I know which my money's on :grin:

 

I'd stick at it and reject their offer. Good Luck!

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Cheers Aardvark - I suppose the only pleasure they have left is making us wait a bit longer for our payout! :-)

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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The cold hard reality is that for every move they make, a percentage of claimers will accept or drop out, saving them money. :x

I hope that with the increasing exposure in the press, and the increasing subscription to this site that the percentage can be reduced down to zero.

 

When that happens I think they will have to do something about it, perhaps even go to court and set a precedent............. or a reasonable charge.:lol:

 

I must admit, I wouldn't want to be the defendant in the case that finally does go all the way though! :p

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How many CAG people would go to the court do you think??

 

The amount they are paying out now must be starting to worry somebody at the banks by now mustnt it?

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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You'd think so wouldn't you. The amount they actually MAKE on these charges is still probably more than they are paying out though. Perhaps that will be the trigger point for them to do something?

 

How many CAG people would go to the court do you think??

 

 

Interesting question.... watch for a new thread appearing in a minute......

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