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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "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 ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • 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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Colour-me-happy v Halifax - SETTLED IN FULL


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Thats great news.

 

Of course they havent really said that ALL charges are automated, they have simply said the majority of your charges are automated.

 

But of course, in your original request you asked for details of any manual intervention and they have stated none (other than refunds). I would say its great news!!!

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Something is not quite right....

 

I got my investors report last week Mar 2000 - Mar 2004 - 2 years missing, pushed them for my statements and have got the full 6 yrs.

 

I'm just going through my 1st account and according to the investors report I had been charged £1591 over the 4 years but according to my statements I have been charged £1565 over the 6 years!

 

I know for sure I have been charged almost £1000 in the past 12 months alone (still got all the letters they have sent/emailed me)

 

 

 

Does anyone know if they list them as something else on your statements?

 

I'm really confused :o

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Re: the letter before action....

 

In the bit where it says -

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

 

I have an overdraft anyway do I still claim the overdraft interest (I don't think I do but just want to make sure)

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Classic - but I suppose even the lowest form of life has to eat occasionally...

 

A bit harsh i feel, its not exactly the guy at the call centre, or the girl at customer services who is lining their pockets with the money paid in charges, but the bosses who decide to impose them...

 

Just wonder what wonderful job it is that you do?

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Hi

 

I am sure the DPA says any information requested has to be provided in a format that is easily read. I am sure this is another stalling tactic used by the bank to add confusion and waste time.

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  • 4 weeks later...

I've had my statements for a while now but have delayed sending the prelim letter as I had a 2 week holiday and didn't want to miss any deadlines!!

 

anyway prelim letter was sent yesterday Special Delivery requesting £2500!

 

Will keep you updated with any replies.

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  • 4 weeks later...
  • 2 weeks later...

Congratulations!!

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.

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just registered with the forum following last nights tv programme tip and read through your log to see if i actually have guts enough to do this myself. your last message is all the encouragement i need.

well done and really pleased it worked out for you

main message has to be tho, thanks for giving all us newcomers the courage ourselves. have a feeling theres going to be lots of us!!

 

:D

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well done colour me happy appropriate name i feel lol

 

i sent my letter before action yesterday so im waiting

 

and just-hel i too watched the programme last night and i feel alot more people will be coming forward to this website, as it is so great and informative

i would never have had the knowledge and guts to do it without all the help from these wonderful people, and reading the achievements of others successfully winning.:D

Halifax preliminary letter sent 17/05/06 charges £2661.00

Bog Standard blah blah blah letter received 22nd May 2006.

received lengthy letter dated 24th May 2006 offering £605 pah!

letter before action sent registered 5th June 2006

letter received in response to lba offering £1801.00 errrrr no ta

court action filed 23rd June 2006

deemed served to bank on25th June 2006

notice of acknowledgement of service has been filed

they intend to defend

7th july received letter PAYING IN FULL!!!

 

10th July cash deposit £112.58

10th July cash deposit £2869.00

:D :D :D :D

 

HALIFAX SETTLED IN FULL

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just registered with the forum following last nights tv programme tip and read through your log to see if i actually have guts enough to do this myself. your last message is all the encouragement i need.

well done and really pleased it worked out for you

main message has to be tho, thanks for giving all us newcomers the courage ourselves. have a feeling theres going to be lots of us!!

 

:D

 

I'm so glad it has encouraged you!

 

From reading the forum I knew people were getting their money back but I kept thinking something would happen with my claim and it would go belly up :eek:.

 

I was so nervous but really if you follow the advice and step by step guide you will be fine. Good luck and keep us posted with your progress!

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Got the letter advising they were going to reimburse me this morning....

 

It's quite funny, they say "Halifax is willing to reimburse £xxxx.xx in respect of charges incurred, together with £xxx.xx in respect of approximate interest that Halifax has calculated was charged on your account as a result of the charges. " They didn't calculate the interest I did!! ::roll:

 

Also got the usual my responsibility to operate the account correctly and if I incur any further charges they will close the account ......... a charge is due to come out tomorrow, so I will be interested to see what they do!! :p

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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