Hire Car False Parking Ticket

Guys_Dad

These things are always done better if in writing. By all means make an initial phone call, but follow this up with either a had written letter or a letter posted with a free certificate of posting.

The bank will want some evidence of why they have pulled back the DD, will want to see the t&c to show why the hire company stepped over the mark as the charge was not one of the items mentioned in their t&c. It was a speculative invoice and their requirement under POFA 2012 was simply to name the driver. POFA gives them immunity from being charged themselves if they follow the regulations.

They chose not to.

It would be best if you included a cut and paste from POFA 2012, the adjudication et al to show that you are absolutely right to do a claw back. Remember, the clerks at the bank almost certainly don't have the knowledge of POFA we have here or even that the charges were speculative invoices and not fines.

bazster

Pretty poor advice there GD.

Guys_Dad wrote: »

These things are always done better if in writing. By all means make an initial phone call, but follow this up with either a had written letter or a letter posted with a free certificate of posting.

It should work just fine over the 'phone, and if not then he just does it again. The time limit on DD indemnity claims is years.

Guys_Dad wrote: »

The bank will want some evidence of why they have pulled back the DD, will want to see the t&c to show why the hire company stepped over the mark as the charge was not one of the items mentioned in their t&c.

Nope, they will not ask for evidence, not for a DD indemnity claim. They will simply accept the claim and give the OP his money back. In any case, the reason he's making the claim is quite simply because Albany failed to notify him in advance of the collections, as required under the rules of the DD scheme. It's got nothing to do with PoFA or his contract with Albany.

Jams91

Just spoke with bank. They will put £120 back in my account and have sent me a form in the post.

I am to attach a copy of PE's parking charge retraction letters witha covering letter and send back to them, which they will use to dispute the case with Albany.

Fingers crossed

bazster

Jams91 wrote: »

Just spoke with bank. They will put £120 back in my account and have sent me a form in the post.

I am to attach a copy of PE's parking charge retraction letters witha covering letter and send back to them, which they will use to dispute the case with Albany.

Fingers crossed

Told you! But what you really need to send them is a copy of Albany's letter to you notifying you of the charges. From what you've said, the date of that letter (when compared to the date the debits were taken from your account) will clearly show that Albany were in breach of the DD scheme rules by not giving you advance notice of the collections. ParkingEye is pretty irrelevant really, but best send what the bank has asked for.

But I promise you your bank isn't going to go to Albany and dispute it with them. The first Albany will know of it is when the £120 disappears from their account and they get the BACS contra notification from their DD provider. Your bank is simply wanting something to cover its a**e with when a furious Albany starts yelling at them, but when push comes to shove there's absolutely nothing Albany can do about it. If they want to have a dispute they're going to have to have it with you, not your bank!

Of course, depending on how good their internal controls are, a couple of DD contras might just get lost in the noise at Albany i.e. they might not even notice it's happened!

You did tell the bank to cancel the DD mandate, right? Otherwise, depending on just how stupid/devious Albany actually is, they might take the money from your account again.

Guys_Dad

The telephone approach bazster recommended worked but i reckoned that the bank would want something in writing to cover their backsides. They have requested this so follow bazster's post and send them what he suggests. Not too different from what I was getting at, but the phonecall shortened the timeframe.

Jams91

Cheers.

No I didn't tell them to cancel the DD mandate (I forgot). Although I don't think it's going to be an issue/ very unlikely Albany would try it again on me

bazster

Jams91 wrote: »

Cheers.

No I didn't tell them to cancel the DD mandate (I forgot). Although I don't think it's going to be an issue/ very unlikely Albany would try it again on me

Erroneous or fraudulent collections against dormant DD mandates are all too common. Never leave a DD mandate effective when it is no longer needed is my advice. If you have online banking you should be able to cancel a mandate that way, you don't even need to 'phone them.

Jams91

bazster wrote: »

Erroneous or fraudulent collections against dormant DD mandates are all too common. Never leave a DD mandate effective when it is no longer needed is my advice. If you have online banking you should be able to cancel a mandate that way, you don't even need to 'phone them.

I've actually just switched to Halifax from Natwest (their £100 offer was too much to turn down).

I will cancel their DD mandate in a week or so once they've transferred me over.

Guys_Dad

bazster wrote: »

Erroneous or fraudulent collections against dormant DD mandates are all too common. Never leave a DD mandate effective when it is no longer needed is my advice. If you have online banking you should be able to cancel a mandate that way, you don't even need to 'phone them.

Don't do this with a mobile contract or you may find you get an detrimental entry in your credit record. The MSE Mobiles forum has many instances over the years where this has happened.

In fact, any monthly service contract leave the DD up for 3 months or so, remembering to check. Much easier to get a claw back than "Missed payments" removed from your credit record.

Jams91

Nothing in the post yet from my bank like they said they would. But I'm leaving Natwest tomorrow, so perhaps that's why they haven't sent me the paperwork.

Also makes it more difficult for Albany to pursue me