Jump to content


  • Tweets

  • Posts

    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Any stays applied for against Barclaycard claims due to OFT bank charge test case?


noomill060
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5991 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 149
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Has anyone in any of the other CCard threads sorted a standard letter out we need to either take to court or send to the court with the POCs to stop this happening - I know the law is different for lenders as opposed to banks, so there must be something we just need to quote.

 

I doubt the CCards would bother trying this, but you never know, so this is a good idea - nice one Noomill

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

The OFT's case rests upon the UTCCR, so do most of our CC claims. It wouldnt take the sharpest tool in the barrister's chambers to work out a reason for a stay based on a theme common to both unlawful bank charges and CC charges..

Link to post
Share on other sites

I filed my N1 against Barclaycard yesterday (along with N1 against NatWest credit card) and had an interesting response from the court who I feel were trying to get me NOT to issue my claims until the result of the test case.

If I have a stay put on either of these, I will let you all know ...

Link to post
Share on other sites

I suppose the difference is the OFT have already agreed that the CCard charges were excessive (hence why they refund the £8 difference) however the OFt also said that the £12 was not reasonable until proven, and so leaves it open to interpretation. No such thing has been said against the banks. I know this comes under the UTCCR, but the fact the OFT have already impossed against the CCards may help?

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

I suppose the difference is the OFT have already agreed that the CCard charges were excessive (hence why they refund the £8 difference) however the OFt also said that the £12 was not reasonable until proven, and so leaves it open to interpretation. No such thing has been said against the banks. I know this comes under the UTCCR, but the fact the OFT have already impossed against the CCards may help?

 

Peter

 

Exactement ... and stressed that it's for a court to decide; bring it on!! :D

Link to post
Share on other sites

The OFT has said that £12+ is excessive and unfair, not that they considered any actual figure unlawful, illegal or otherwise. They have always said that it would be up to to a Court to decide on that.

 

Interesting response from your court, paintball. We'll just have to see how it runs.

Link to post
Share on other sites

I'm really worried about this OFT ruling. It seems to me that the test case is to establish a point of law - are the charges for providing a service or a penalty.

 

BUT the CC charges are already established as a penalty are they not so the OFT ruling and any stays attempted could be countered by stating that these ARE penalty charges and as such are subject to proof of costs from banks.

 

I am worried because I worked out I could be almost debt free by christmas if I can claim back my CC charges over the last 6 years, we are talking thousands of £ and I was really looking forward to getting my life back.

Link to post
Share on other sites

Sometimes the help is just tea and sympathy.

 

Sometimes the assistance has the effect similar to that of a nuclear powered ferret in a particle accelerator, and can make qualified solicitors and barristers crawl away on their bellies. :D

Link to post
Share on other sites

I started this thread to act as an early warning system in case they tried to apply for stays in relation to credit card claims, the opinion is that they would be wasting their time if they tried.

  • Haha 1
Link to post
Share on other sites

that's what i was led to believe Noomill; that credit card penalties are a different kettle of fish to the bank charges. That is correct isn't it?

 

*he says confidently*

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

Link to post
Share on other sites

now go get them disgruntledofcornwall

 

from slightlyhappierofessex

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...