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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Baldrik v Natwest ***WON***

baldrick

By baldrick
in NatWest Successes

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baldrick

baldrick

Posted
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I've taken the plunge after reading so many posts, successes and advice, I'm now at the MCOL stage with NatWest, I'm claiming over £3500. They should have received the claim by now (13/9)so I'll wait for Cobbetts to get in touch. Thanks already to Natwest Staff Member,Laffar, Chris Watkins etc and other trail blazers. I'm just about to tackle a catalogue which has regularly charged me £10...its all such fun and I've got a closed account with Natwest which they can't find...so I'll update as things develop.

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Claim has been acknowledged by Natwest so that gives them 28 days from 13/9.

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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orfoster

orfoster

Posted
Posted

Good Luck.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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baldrick

baldrick

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thanks Orfoster,I've received postal confirmation from Northampton Courts today with Cobbetts indicating that they intend to defend all of the claim...par for the course i think

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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  • 2 weeks later...
baldrick

baldrick

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Update time;I sent SARs to Ace Cards & Gifts and to Natwest on 19th Sept along with my £10 each, chased them yesterday, Ace statements received today,Natwest are still working on it. Has anyone sued a catalogue for admin charges yet?The staements were sent by Mr D Rapson customer liaison advisor fromthe directors office.They credited my £10 against my balance which is nice,but claim thatthe advie me of their right to appy administration charges sent to me in the credit agreement sent with my first order.,"We reserve the right to apply an administration charge of upto £20 each time you fail to pay the full required payment."

My charges total around £250, I intend to compile my table of charges and send the request for refund shortly usin a variant on the bank letter...more soon hopefully

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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I've sent my request for payment to Ace Cards and Gifts today to start the ball rolling. As for my closed account at Natwest, just spoken to the postroom at 135 Bishopsgate who said they forwarded the letter to the Data Protection Dept. A very friendly Scottish lady called Joyce assured me that the statements were being collated but as they come from two systems(due to the merger with RBoS) its taking a while, if I don't hear within 5 working days call back. All very efficient considering my branch just said can't find it.

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Just posted off a letter to Cobbetts detailing the claim, including schedule of charges etc to pre-empt the CPR18 request, might aswell while I'm waiting for the next stage....its the waiting...having several claims at various stages must be the answer

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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I'm well impressed with Joyce Tudor at the Data protection dept., she's just called me back on my mobile phone to say my statements were despatched yesterday so should be waiting for me..her number 0131 626 1165, a delightful lady...seems almost a shame to sue them.....:-D...not

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Well Joyce, where are my statements..letting me down now

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Going to have to give Joyce a call, they've sent me statements for the account that's subject of my first claim..try again

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Just phoned MCOL and spoke to Becky, who confirmed Natwest have till tomorrow to enter a defence and then on Thursday I can click the button to enter Judgement by default...what's the betting Cobbett's get a late defence in?

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Well I think its good news, got home tonight and there's a letter from Mr Rapson from Ace, with it vouchers for £205 and wiping my balance. I'm not happy with vouchers as I've paid in GBP, but its a start, a victory. Not sure how to get them swapped for money, but its encouraging how they've caved in een before the LBA which I was about to send

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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I've filed for judgement by default on MCOL against Natwest for nearly £4000 today. Just watch Cobbetts get a late defence in

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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I'm going to reply to Ace saying give me money not vouchers, as below;

 

Thank you for your letter dated xxxx. I will bank the cheque for £10 and acknowledge the clearing of my account, however I still require repayment for the remaining £xxx as vouchers are not acceptable. I have paid you in actual money and I expect my refund accordingly.

I require repayment in full of this. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

 

yours faithfully

 

any thoughts

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Got home last night and found Cobbetts CPR18 and defence waiting for me, must just check what to do now

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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The letter sent to Cobbetts on 29 Sept obviously didn't stop the CPR18 request, I've put the refusal letter together and will fill in my AQ probably tomorrow

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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I've posted my reply to the CPR request to Ms Burgoynes at Cobbetts, reiterating my claim details, account number and spreadsheet and reminding her that she received a copy on the 29th Sept. AQ will go later in week, ie after payday!

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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Clarky

Clarky

Posted
Posted

Hey there

 

Just thought id pop on ur thread and say hey.... Hey!! Just been reading through your progress seein as though we're at the same stage.

 

I take it yours is over 1500 hence the extra fee....im lucky mines just below so will send court form off tomorrow i think. Looks like Ms Burgotne will receive our letters together! Couldnt get to the P.O to send recorded today so took the liberty of copying to her e-mail!!! Bearing in mind she's had the info back in August when i submitted the claim grrrrrrrrrrrrrrrrr:-x

 

Anyway ill be following closely mate, let see if both our Christmases come early:D

 

Clark xx:p

:p If you like the advice I give or I have helped you in any way, click the scales and let me know about it x :p

 

 

NatWest: £1148.00 (defence filed 3/10/06)

 

Halifax: £2600.00 Letter received 28/09/06 SETTLED IN FULL!!!:lol:

 

Co-op: £1140.00 Cheque received 5/10/06 SETTLED IN FULL

 

Barclays Bank: £510.00 (LBA time up 19/9/06) Offer received of £250.00 thanks but no thanks

 

Barclaycard: £840.00 Half refunded mcol being done for the other half!

 

Capital One: £100 Settled in full after preliminary letter

 

RBS: £38.00 SETTLED IN FULL 14th September 2006

 

STILL TO GO.......

 

Hubbys Halifax visa :p

 

Hubbys Yorkshire bank visa :)

 

Hubbys old Yorkshire bank (closed) account :rolleyes:

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Clarky

Clarky

Posted
Posted

P.S forgot to say good luck xx

:p If you like the advice I give or I have helped you in any way, click the scales and let me know about it x :p

 

 

NatWest: £1148.00 (defence filed 3/10/06)

 

Halifax: £2600.00 Letter received 28/09/06 SETTLED IN FULL!!!:lol:

 

Co-op: £1140.00 Cheque received 5/10/06 SETTLED IN FULL

 

Barclays Bank: £510.00 (LBA time up 19/9/06) Offer received of £250.00 thanks but no thanks

 

Barclaycard: £840.00 Half refunded mcol being done for the other half!

 

Capital One: £100 Settled in full after preliminary letter

 

RBS: £38.00 SETTLED IN FULL 14th September 2006

 

STILL TO GO.......

 

Hubbys Halifax visa :p

 

Hubbys Yorkshire bank visa :)

 

Hubbys old Yorkshire bank (closed) account :rolleyes:

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baldrick

baldrick

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Cheers Clarky, mines about £3800, so yes before Christmas would be great..its good to Buddy up :)

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Posted

Reference Ace, I received a letter today from Mr Rapson agreeing to pay me by cheque...just got to wait for Natwest now, who have located my second account and will get my statements, not sent AQ as my car needed sorting. Luckiy I can use Ace's refund to pay for the Natwest AQ...SERENDIPITY

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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I'm still waiting for my cheque from Ace, but I've returned my Allocation Questionnaire today for my Natwest claim. I'm hoping to get an early court date, I see Chris Watkins has early December, before Christmas would be good. Got the typical reply from Cobbetts about my response to CPR 18 request even though I'd previously sent full charges schedule and account details, just waiting now..oh and waiting for statements for account number 2 still.

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Fantastic to see Chris Watkins has got his money back. It seems that Natwest paid up as soon as the court date was arranged...so come on courts

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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Its about time I updated, AQ filed for account one, and Natwest's(Cobbetts) received 1/11/06, now waiting for court date. Statements received for second Naywest account, £165 charges, letter sent today requesting payment.

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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baldrick

baldrick

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I'd an offer from Cobbetts waiting for me when I got home, £2000 (versus £3800), so I'll politely decline. This follows receipt of their AQ yesterday. As soon as the court date is fixed we might get some action.

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
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