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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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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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Money back from Bank of Scotland


jarvis123
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My wife has just received settlement for bank charges levied against her. She went over her overdraft limit by only £50 (although her statement never showed more than £12 o/d). She was overdrawn for less than 24 hours, until her wages were paid in. Her wages are regularly paid into that account at the same time each month.

 

For this crime she was charges £148! A large proportion of her monthly income.

 

After getting nowhere with the branch, and 2 letters to the complaints centre in Dunfermline, she filed a small claim.

 

They then settled for £158 plus £28 which had previously been returned. Thus also covering the fee for the small claim.

 

Easy...although the paperwork for the Scottish courts is a bit of a pain, having said that the Shrieffs clerk was very helpful.

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  • 1 month later...

HBOS inefficiency worked to our advantage!

 

After recieving the settlement, she then contacted the court to dismiss the claim. She then recieved another letter from HBOS, saying that if we withdrew the claim they would settle for the full amount plus court fees plus interest. Obviously a different person was dealing with the court summons, and they did not communicate with the department which had already paid out the settlement.

 

She just ignored this letter, after all she had recieved the money and had already withdrawn the small claims action.

 

HBOS have obviously checked to see the claim had been withdrawn, and have just credited her account with the full settlement plus interest FOR THE SECOND TIME!!!;)

 

Our advice would be, at the letter stage, send the first letter requesting the return of your bank charges. You will recieve the standard 'will shall get back to you in less than 6 weeks' letter after about a week. Don't wait 6 weeks, write again saying that you will take action in the small claims court if the money hasn't been returned within a week and give an exact cut off date. You will probably get the same '6 week wait letter' again. After a week issue the summons. The whole process from letter 1 to summons will take about 3 weeks, which really is a fair time for them to repay. By the time they get round to acting on your second letter the summons will have been served.

 

Good luck.

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Hi jarvis, congrats on your victory. i`m waiting on my statements to add up all my charges before taking action against BoS. Think my total will come to around £1,800. Good to know of someone else who has been successful against same bank so if you are able to give me any help or advice i`d be gratefull.

Ali

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A site that we found very useful was The Govan Law Centre Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow, as we are based in Scotland it is more Scottish specific than the adive you get at say MoneySavingExpert.com ad-free, free to use, Consumer Revenge!

 

We used the Govan letters as templates, although we did adapt it a bit as at least one of their example letters is rather long winded.

 

The Govan site gives a example of a first letter and then a follow up letter. If you get to the stage of writing a follow letter (which you will!), put a date in it when you expect HBOS to settle. This puts the ball firmly in thier court.

 

Keep copies of all letters, and if you threaten to take them to court if a suitable settlement isn't reached, follow it through.

 

All the best.

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