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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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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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Steveh v RBS


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Hello All

 

I have just totaled the maintenance charges on my RBS account and I am about to start claiming the money back from the bank.

 

I have in the past claimed the £38 paid refferal charges over the same period, but missed the £28 maintenace charges.

 

Has anyone claimed the £28 maintenance charges back.

 

Also when the maintenance charges were taken, there was also an interest charge can I claim any of this back.

 

Help

 

the fight is right

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Thanks likelylad

I have sent off the first letter, but just received another charge for £28 quid putting over my overdraft limit again.

Is there anything I can do to stop this madness now without going to court or do I just add it on to the rest of my claim.

 

Thanks

 

Steve H

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Morning

 

I received a reply from RBS about my claim, they say until the out come of the OFT test case the they have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charge complains and therefore are no dealing with any complaints.

 

They say the the FSA has indicated that as a general proposition it will indeed not proceed with cases which will rely on legal issues being considered in the test case.

 

They also say the master of the rolls (in england and wales) and the the lord chief justice in northern ireland has issued a notification suggesting that the county courts stay proceeding until the test case is resolved.

 

Is the true, I think it could be a smoke screen, should I continue with the next stage informing them that I am about to initiate court proceedings?

 

Can anyone help.

 

Steve H

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You can carry on with your claim. Also don't forget you can add on any new charges you receive on to your spread sheet, right up till you file at court. ;)

 

So if you sent your prelim letter and your 14 days are up, then send the lba letter.

 

Once you file at court (14 days after lba) They will more than likely put a stay on it, but at least your claim will be in the system.

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Thanks sea-sidelady

I am starting the court action this week.

It looks like OFT court case could go on for some time before a resolution is found, months rather than weeks by then there will be a lot of cases backed.

Thanks

Steve H

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