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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      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.
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      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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RBOS Demand Extortionate Payment


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In June 2004, I had three accounts with RBOS. I got into financial difficulty and was relying on the overdraft facility (which I was being stung for). 20.7.2004 RBOS stated that i had broken our relationship and closed all three accounts. At the same time within the paperwork was notice to file default. Of course I panicked. I received again another formal notice of intention to default on the 18.10.04. I wrote a letter dated 5.11.04 after my wife had been into our local bank to explain our financial position. To no avail. We received acknowledgement letter dated 9.11.04 to say they would look into it. Did they, received letter dated 4.12.04, standard pay or else. Asked to make contact, which i did. Over the phone arranged to pay £50 per month. Received letter dated 10.12.04 confirming this arrangement. To my knowledge, because i would have a copy, did not sign any agreement doc (apart from permission for Direct Debit payment), or receive any info on interest rates or an end date. Every 6 months since they have phoned to see if i can increase. Over past 4 years i have managed to increase to what is now £60. I have requested on numerous occasions, an account balance, how much owed, paid etc. Never received a thing. Never missed a payment. On the 17.6.08 had message left on my answerphone call RBOS urgent and received call. The conversation was to the effect that the bank had "New requirements". I asked if they were legislative, he did not reply. He further stated without asking my current financial position that i "Must" now pay £158 per month or pay as full settlement £3900. I was gobsmacked. I said i did not agree and would seek advice. Later the same day i phoned them again and spoke to a female. I asked her what the amount of original debt was, how much was outstanding and how much had i paid. She came back with this, which i was totally shocked. Original debt as of 10.12.2004 from combined "overdraft" of all accounts was £6,338.12. Amount outstanding a staggering £7,583. Amount paid to date - £9,214. If i was to continue to pay I would have paid them £16,797. Even if and I wont pay it, paid the £3900, that would be £13,114. This cannot be right. It is fraud on a huge scale.

What can i do, please if you can help me.

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Hi BM

 

Further to your pm and reading your current thread first and foremostly as the poster above advises you must S.A.R the above accounts.

A little more information would also be helpfull you state a joint account and two personal accounts.If you could clarify the breakdown ie with/without overdrafts on each how old the accounts are and what the debt relates to would assist in providing further advise in this matter.Have you recieved any Default Notices and most importantly have you kept a papertrail of all events leading to this stage.

If you can provide the above would be helpfull

 

 

Regards

Andy;)

Edited by Andyorch

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Hi Andyorch

 

All the accounts were in overdraft. Try as i did, i could not get out of overdraft. I had the accounts with RBOS from 1996, until they were closed. The debt as they put it, is the amounts i owed in overdraft at the time they closed the accounts. I have at no time received a Default Notice. I have a complete papertrail, of all the paperwork they have sent and copy of letter sent to them

 

Bluemoon

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Ok BM

 

So my advice is as above first thing to do is S.A.R (subject access request) copy of the request is in the templates section.Include £10.00 PO payment and send by recorded or even better G/Delivery to ascertain the figures in dispute and to find out the levels of unlawaful charges.No point sending CCA request as these are current accounts.

I would also put in writing that you consider these accounts now in dispute and that you have amicablly tried to resolve a fair level of payment to service said debts and been ignored.This should prevent any attempts of litigation whilst you calculate the figures and render a true account figure.Everything in writing from here on and no telephone conversations.Update me when you have said figures.

 

I trust the above is of help

 

Regards

Andy;)

Edited by Andyorch

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Has your accounts been passed to CMS Telford ....if so request that they supply you with ALL copies of the accounts held by them called "The Router Account" so that you can compare them with your Bank statements. WE have all got to find out more about these "hidden" accounting syatems

 

 

sparkie

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Ok BM

 

"But yes i have sent the info to CMS Telford" which address did you request your S.A.R from?

 

Thats fine for now we will see what turns up.

 

Regards

Andy;)

We could do with some help from you.

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Hi Sparkie,

 

Unfortunatly sent off paperwork before i read your message. But yes i have sent the info to CMS Telford

 

BM

 

I'm sure Sparkie will advise the same......it is important you make your MP aware of what is happening.

 

Regards Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I'm sure Sparkie will advise the same......it is important you make your MP aware of what is happening.

 

Regards Paul

 

 

I second everything that Paul says you must make your MP aware of this and ask him to contact the other MP's who are aware of what RBS are doing.

I am aware of five so far.

 

sparkie

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I have recieved on the 8th July a batch of statements for one account only. This particular account is the one that all payments are made into. It shows the initial amount owing in overdraft as £2824.08 on the 31.12.04. The only entries shown are credits and interest applied. There are no charges shown. I have paid in credit of £2,154.76. They have applied interest of £1,201.78 (each interest payment applied is completely different). This account now as of the 16.6.08 a balance owed of £1804.81. Which means over a 3 1/2 year period i have only payed £187.10 !!!

So, I still dont know what the other two accounts are doing, they have not sent me any statements regarding those.

I have also recieved a "lovely, caring" letter from Miss W Booth, Credit Management Services, giving a me a reference number re my complaint. Basically saying she thanks me for bring this to their attention. That she will look into my complaint carefully and she is investigating the issues raised. That she will contact me again within 10 days time to provide a response or an update on her investigation.

 

So, where from here ?

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I have recieved on the 8th July a batch of statements for one account only. This particular account is the one that all payments are made into. It shows the initial amount owing in overdraft as £2824.08 on the 31.12.04. The only entries shown are credits and interest applied. There are no charges shown. I have paid in credit of £2,154.76. They have applied interest of £1,201.78 (each interest payment applied is completely different). This account now as of the 16.6.08 a balance owed of £1804.81. Which means over a 3 1/2 year period i have only payed £187.10 !!!

So, I still dont know what the other two accounts are doing, they have not sent me any statements regarding those.

I have also recieved a "lovely, caring" letter from Miss W Booth, Credit Management Services, giving a me a reference number re my complaint. Basically saying she thanks me for bring this to their attention. That she will look into my complaint carefully and she is investigating the issues raised. That she will contact me again within 10 days time to provide a response or an update on her investigation.

 

So, where from here ?

 

I would make Miss W Booth aware that the clock is ticking for full compliance.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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The letter is standard FSA regulation letter. It's a holding letter with complaint reference number on it.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi BM

 

Ok we will need to see what Miss Booth comes back with.At least you have brought the account into dispute and have a reference number.

They have 40 days as I am sure you are aware, so as Paul says the clock is ticking for their complience.I presume as per your post it went 27th June 2008.lets see what comes back and if nothing further recieved we will have to crank up the pressure.

 

Regards

Andy;)

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We could do with some help from you.

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HI All, having considered RBOS replies, I have put together the following, pending commentst to Miss W Booth.

With reference to the above account numbers. In my correspondence of the 27.6.08, I specifically requested and I quote “Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Also details for every organisation that has accessed my data for the period which you hold records and any supporting documentation and notes.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.[/font]

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee”.

 

]I received on the 8.7.08 bank statements relating to account 10071410 ONLY. Either you have simply failed or refused to supply all the documentation as I have legally requested or the statements and detail against this one account are in fact the only information you have to have based your figures against.

Again I request you to supply me with ALL documentation I initially requested and ALL copies of the accounts as requested and any held by you in the “ Router Account", in order that I may compare them with my bank statements.

 

Again I wish to point out that All disputed accounts should not be passed to collection, and if you were to do so, I would then make a formal complaint to the FOS about your conduct. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

Should you nevertheless proceed with any actions, any claim will be vigorously defended and you will be put to strict proof of every penny you claim that I owe. I will be happy in any event to let the judge decide whether a) I actually owe all this money b) whether it is reasonable for RBOS to arbitrarily and unilaterally increase the amounts I have been paying without asking me for an income and expenditure breakdown first. May I remind you that a judge is just as likely to lower or indeed cancel the amounts I am paying if he considers that I am paying too much now(especially when my income has not increased 2 ½ times as well !!) or as I believe in this case I have paid more than is required, in fact more than double !! the original amount.

I consider these accounts now in dispute and I have amicably tried to resolve a fair level of payment to service said debts and been ignored

Thank you in advance for your assistance with this matter.

 

I would appreciate your due diligence

*__*__________*[/font]

Edited by Blue Moon
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Hi Blue

 

You need to edit the above and remove your name

 

 

Regards

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy,

 

Fully edited. standard letter back today. It states within it " Please be aware it is not our practice to provide further copies of standard documents that you would have received as part of normal course of business. This would include providing you with further copies. However if you do wish us to include copy statements, please advise us at your earliest convenience. Please also confirm the statement period you wish to cover.

They do state that they acknowledge receipt of my request and the £10 fee. So I will request them from the time i stopped receiving them, which they know anyway

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Hi Blue

 

You need to notify a Site Team member Re editing

 

 

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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