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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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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.

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davem vs Virgin One (RBS)


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Progress with Virgin One Account (RBS) to date

 

15/10 Inital Letter claiming £ £641 in Charges

17/10 Quick response from Leanne Jubb at Virgin One saying charges were fair and reasonable and rejecting the claim.

29/10 Letter before action

 

Today I get a letter dated 3/11/06 saying that the bank is going to refund my account some £305 which they have calculated by reducing each charge to £12 and calculating the difference from the amount paid. They also suggested that if I remain disatisfied I should contact the Financial Ombudsman.

 

Is this a new twist ?

 

Sounds like a response accepting the payment as a partial settlement and indiacting I intend to persue the remainder via the courts if not settled in full 14 days from my LBA ?

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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  • 2 weeks later...

Update since my last post.

 

3/11 £305 "charges refund" appeared in my account

7/11 replied to V1 acepting the £305 as a part settlement and saying ill persue the rest through the courts

13/11 letter from V1 saying if still not satisfied contact the Banking ombudsman.

 

Before I start the court claim, I am am wondering if this is going to form part of the banks defense, along the line of we have charged £12 per item and the claimant did not progress through the Ombudsman.

 

Anyone got any thoughts ?? should I still go after the remaining £336 + interest and Court fees ??? Any support appreciated

 

Dave

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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Hi gizmo,

 

How do I calculate the interest for the claim ??

Do I calculate interest on all the charges then take the part payment off the total of somthing else ??

 

Dave

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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If you want to accurately calculate the interest, then on the spreadsheet enter each charge as £12 instead of what you were actually charged. This will give you the £336 plus the accurate amount of interest based on each charge.

 

 

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 1 month later...

12th December MOCL issued for £394.35 + £50 court fees :D

22nd December Bank filed acknowledgment

09th Jan Letter from bank with cheque for full amount, strings attached being to discontinue Court proceedings without judgment and not to disclose details of setlement.

 

Inclined to accept the setlement and discontinue court action, but not willing to accept the gag conditions.

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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True. I know that it is tempting to take them to court but what would you gain from it? I personally think that it is best to take the money, pay off some of your debts, therefore reducing interest etc and get on with life with a big cheesy smile, knowing you have won.

 

No doubt there are countless people who will say fight the battle, but ti appears you have acheived all that you set out to do??

 

Sugar:p

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Yeh, am going to sleep on it, but suspect I will accept it in the end :D

Still thats settelment in full with interest and court fess so can count that as a sucsess :)

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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12th Jan- Settlement offer rejected.

 

Bank has until 17th to settle in full without strings or will proceed to Judgment on the case.

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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