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    • Hello,

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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help what do I do next????


Smonty
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Hi

I recieved a letter this morning from bank of scotland offering £691.00 in full and final settlement. I am claiming £2465 how they thought of offering £691 i don`t know, I sent LBA 24th oct so getting very close to issuing proceedings I called the bank this afternoon to adv that I would accept the offer as an interim payment and was told that the offer is full and final offer, what do I do?

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proceed with your claim, but if your happy with their offer then you can take it.

 

but you'll get all your money back

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

(3)

 

One of the following will now happen:

 

A) The bank or Credit Card company will ignore your request and you will not receive a reply. If this is the case, allow for the 14 day deadline and proceed to the next stage of the claim.

 

B) You will receive a fairly standard letter saying "sorry you are not happy, we'll get back to you sometime in the next decade..." Again, if this is the case, allow for the 14 day deadline and proceed to the next stage of the claim.

 

C) You will be offered a partial refund but it will be offered as a "Full and Final" settlement of your claim. We would advise you to accept this - but only on the condition that it is a partial settlement and that you will continue with your claim to recover full funds.

 

D) You will be offered a full settlement of your claim. Experience shows this to be very unlikely at this early stage, but it just might happen.

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Reject the offer and proceed to the Court Action.

 

You are fully entitled to do so and I would suggest that accepting partial settlement can complicate the matter. Your obligation to negotiate has been fulfilled so go after them!

S.A.R sent (RD) - 14/9/06 (no response) Reminder (RD) - 6/10/06 (no response) Phonecall to BofS chasing - 24/10/06 (no response) Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response) Phonecall to BofS complaints - 2/11/06 Received statements back to 2004 only - 14/11/06 Another phonecall to complain - 16/11/06 All statements received - 31/11/06 Claim submitted - 1/12/06 Received acknowledgements - various over January 07 Telephone call to offer full settlement - 14/2/07

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HI Guys,

 

I have been in hospital over the past few days and have just come home today, no response from bos re rejection letter.

 

I am now ready to start court action as before I mentioned I am claiming £2465 and they offered £691

 

I am in Scotland and am looking for the best way to go about court. I went to mcol and it stated i could only use this if I stay in England, do I need an address in England to us or can I simply use my own address and use banks England reg branch?

 

what do you guys think will be the best option for me?

 

Any one have any advice for me???

 

Thanks

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Hi Smonty

 

I believe you have to have an English correspondence address. There are several threads on the proceedure for claiming in Scotland, including splitting it up so it's in £749 chunks.

 

Sorry not to be more help.

 

iPeach

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You can claim through the scottish courts if it is between £750 and £1500 you can issue a Summary Clause.

Try splitting the accounts into 2 dates i.e. 01/01/01 - 01/01/03 then 01/01/03-todays date.

It costs £39 each time but you can claim it back.

 

Are you claiming through Edinburgh?

I emailed Tommy McLean and can send you a copy of the email, and it just reminded him about the extra costs if they don't pay out.

Some people have bit the bullet and phoned and chased it.

Good luck and if you need any help, let me know.

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Thanks for that Alison,

 

I am claiming from Bank of Scotland is Tommy not RBS?

 

I am trying to find all the court stuff as ready to go that way now, what is the difference with a summary and normal case?

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Small claims is up to £750, summary clause is £750-£1500.

Tommy is RBS.

See

Summary Cause Guidance Notes

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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You can claim through the scottish courts if it is between £750 and £1500 you can issue a Summary Clause.

Try splitting the accounts into 2 dates i.e. 01/01/01 - 01/01/03 then 01/01/03-todays date.

It costs £39 each time but you can claim it back.

 

Are you claiming through Edinburgh?

I emailed Tommy McLean and can send you a copy of the email, and it just reminded him about the extra costs if they don't pay out.

Some people have bit the bullet and phoned and chased it.

Good luck and if you need any help, let me know.

Alison

 

hi alison, i was reading the above and i am waiting on a response from Mr mclean for a full settlement as well i was wondering if it was not too much bother if you could please send me a copy of the e-mail that you sent to him and i will try this.

 

thanks

d

BOS-CC

21.6.6 - DPL pstd, 24.7.6 - Plm Ltr £2928.77 ,01.8.6 - Ltr rcvd from BOS- fob OFF,04.8.6 - LBA pstd,06 - Sm Clms fr crt,12.9.6 - rcvd £868.35 part pymnt, £2198.67,12.9.6-ltr acptng pp and lba,

31.10.6 - Sm clms fr crt

BOS-Crt(2)

21.6.6-DPL pstd,04.8.6-Plm Ltr £4824.93,24.8.6-LBA pstd

RBS1

24.7.6-DPL pstd,05.9.6-Plm ltr £3232.47,19.9.6-LBA,31.10.6-sm clms crt Won

RBS2

18.9.6-DPL pstd,08.11.06-plm ltr £1,138.51 Won

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No bother Dawn, pm me your email address

Alison

PS What stage are you at??

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Hi Alison - I hope you don't mind me asking but I wondered what type of interest you claimed on your charges?

7-11-06 Requested statements from bank

11-11-06 Statements received

3-2-07 Finally send letter demanding repayment of £1,993.81

8-2-07 received first bog off letter - 'sorry to hear you are dissatisfied - passing you to customer services...'

21-3-07 letter ofering full refund of charges (£1037) less the contractual interest. As have NOT filed to court yet, am accepting payment of charges.

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