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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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      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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Help Had letter back from RBS


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Hi all

 

Need help please.

 

Sent my first letter to RBS to claim my charges back.

 

Had a letter back stating "we believe the charges are fair etc, however the bank is awaiting the OFT to finish with proceedings.

 

Well basically they have sent me a 2 page letter that I havent got a clue what they are talking about. It does state that they will keep me informed. Are they just hoping I will forget or is this letter an explanation to say they will deal with my claim?

 

Has anyone else had one. Really am thick at all this. Wouldnt be doing this but they charged me £35 for a missed direct debit of £10 but I had well over that in my account, they said sorry and that they would give me £50 back as an apology but my credit rating on my account is low again (took me 18 months keeping it clear to get my rating up)

 

Any advice would be good.

 

Thanks

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Hi poisonivy,

 

At the moment, the banks aren't really 'dealing' with claimants attempting to recover penalty charges. They're awaiting the outcome of the OFT test case before they do anything.

 

However, this doesn't stop you from pursuing them for your charges regardless of whether they're dealing with them or not. So if you've already sent them a prelim, send them the LBA http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html giving them another 14 days to respond - and attach another copy of your schedule of charges. If you've incurred additional charges since you sent the first letter, add these new charges to the schedule to ensure you reclaim these also.

 

Send the LBA recorded delivery to the address in the RBS sticky (contact information).

 

They won't pay up - but you can then decide whether to file N1 at your local county court once the 14 day deadline has expired. Whilst the majority of courts are 'staying' claims once they reach the court stage, at least your claim would be 'in the system' so to speak once the test case is over. Have a read through the threads about the test case to get a better understanding of this and to help you to decide whether or not to file at court.

 

Best of luck x :)

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