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    • Isas already allow you to earn tax-free interest on up to £20,000 each tax year. But under recent reforms, they are now supposed to be more flexible.View the full article
    • The NTK is pretty good at complying with the Act  as is the Notice to Driver so no help there. I seem to remember OPS getting hammered by a Judge [in brighton I think] so they seem to have tightened po their act since. The organ grinder is the MA and the monkey is OPS.
    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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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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      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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Abbey Hardship Refund


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Hi

 

Back in 2004 Abbey sold my account to the morons Link Financial at a balance of £743 made up of charges.

 

In October 08 i started a hardship claim with Abbey who in January 09 refunded the sum of £1035.

 

Link are still chasing me for the outstanding balance so i made a phonecall to Abbey to ask what was going on. They replied by saying the charges were put back into my account to help with my rent/gas arrears etc not to pay the unauthorised overdraft off.

 

What the hell they on about? If they have put the charges back into my account is this not a refund? They dont seem to think it is.

 

Thanks

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I think you need to tell link that since the account is in dispute they can't chase it. Furthermore, since the account is being managed by Abbey they are chasing a debt that doesn't exist. Is the account still open?

.

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

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The account is closed.

 

It was sold to Link back in 2004.

 

Abbey refunded the charges but are saying it was not a refund of charges to clear the overdraft they were added to the account to help with my rent arrears etc.

 

Just dont understand what they are going on about. My claim was for a refund of charges using the fsa guidelines on hardship. In response to this Abbey refunded £1035 to conclude my complaint. Therefore it was a refund of charges.

 

Thanks

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The account is closed.

 

It was sold to Link back in 2004.

 

Abbey refunded the charges but are saying it was not a refund of charges to clear the overdraft they were added to the account to help with my rent arrears etc.

 

Just dont understand what they are going on about. My claim was for a refund of charges using the fsa guidelines on hardship. In response to this Abbey refunded £1035 to conclude my complaint. Therefore it was a refund of charges.

 

Thanks

 

Hang on they refunded £1035 yet they have added it to the debt oustanding?

.

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

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They confused me too.

 

Basically bottom line it is a refund of charges. They are saying it is not classed as that and is to help me clear my rent arrears etc.

 

The debt they sold to link for £743 they are saying still exists.

 

How can it if they have refunded all that?

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  • 3 weeks later...

Any advice? :confused:

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If they give you money to pay debts can you take it out and pay link then its paid anyway. I know it sounds daft but thought it might work. what a bunch of plonkers.

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  • 2 weeks later...
  • 3 weeks later...

My understanding is you are entitled to ask them to pay you by cheque.

 

I presume you have been unable to withdraw the money because the account is closed>

 

What has happened with this case since last post?

Maybe advise more then

Welcome Finance PPI ***WON***£650

 

Black Horse PPI ***WON*** £1200

 

CL Finance-County Court Claim-***WON***(well sort of-stopped them continuing with the claims)

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Did Abbey pay you to your account and you subsequently paid your rent arrears with the refund ?

 

If so then the debt with Link still stands as you never actually paid that £730 odd of charges in the first place, so to refund you in the way to clear the debt they would have had to of given link £730 odd and you the remaining £300 to make it up to the £1035.

 

Which would have left you unable to pay the arrears

 

Sound right?

.

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

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  • 2 months later...

Wouldnt there have to be a notice of assignent? Not Just Abbey saying the sold the debt?

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