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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Student Account


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I can't believe I've only just came across this forum. :roll:

 

I opened up a student account around September last year with the Royal Bank of Scotland. My overdraft limit was £1250. I've been having some financial problems over the last year or so, so my overdraft was pretty much maxed out by December. I did NOT at any point, over draw past my limit.

 

I recieved a phonecall around February, saying that I had not paid anything into the account in the time it had been open, and as a result, am now being charged "interest" on my overdraft, which has taken it over the £1250 limit. I was told that I had to pay £20 in, in order to resolve this. But money is tight, and I told the woman I would try my best to pay it as soon as possible.

 

About a fortnight later, I recieved a letter saying that they had tried to contact me by telephone, and that if the position is not resolved within seven working days, formal regulatory notices will be issued in accordance with the provisions of the Consumer Credit Act.

 

I made a phonecall to my local branch to resolve this, and was informed that they were no longer dealing with my account, and that it was now being delt with by the "Customer Lending Centre". I phoned them, and was told that my total amount now outstanding was now £1,303.79. This puzzled me, because as I hadn't overdrawn, this would mean that within the space of a few months, I had been charged around £60 in interest.

 

The girl on the phone then requested that I pay them close to £140. I asked her where she got that figure from, and she mumbled on, without being clear, about charges and interest. I told her where to go and that it was nowhere near that amount to be paid, and she told me that In that case, I had to pay £38 in order to avoid legal action, which I did. She informed me that, as I had not paid any money into my account since I had opened it, that it had transformed into a regular account instead of a Student account, which is why I am being charged interest.

 

I have been told that I must go to my local branch and "plead" with them to change it back into a student account again, otherwise I will face more charges. My local branch apparantly have the right to refuse this request as well.

 

What puzzles me, is that £1,303.79 minus the £38 I paid over the phone, leaves the balance at £1265.79. Thats £16.79 still overdrawn. I didnt realise this untill I came off the phone.

 

Do I have any cause for claim at all here? I would really appreciate your thoughts, as money is soo tight at the moment.

 

 

 

Thank you in advance

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Welcome to the forum.

 

Do you have up to date bank statements or the ability to look at the account online?

 

My initial reaction is that it doesn't sound as if they have levied too many penalty charges yet and you cannot pursue them for routine overdraft interest. This bit of advice may be a bit late but if you have an overdraft it's usually better to churn funds through it if you can ie pay money and take money out. If you simply leave it maxed out they are more likely to do what they've done.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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