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    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
    • Point taken that we should inform new Caggers that the £20 option is there in wrong registration cases.  Well, supposedly there, who knows what the PPCs would do in practice.  Anyway, the option is allegedly there with both the BPA as you say, but also the IPC (I've just checked). However, there's a danger here of baby, bathwater. The two easiest types of cases to win are (a) residential - due to Supremacy of Contract and (b) wrong registration - due to "de minimis".  Indeed until recently we has been boasting that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing. We simply can do nothing about a terrible judge.  The judge seems - I say seems because we haven't had all the details - to have ignored "de minimis",. got fixated on a sign and awarded unreasonable behaviour costs.  A totally bizarre judgement.
    • You mean your witness statement 
    • That may be your personal claimed experience I said i didn't want smart meters - you jumped in to recommend smart meters I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest paying what I owe every month I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest a variable tariff - even if its one that only varies on a daily basis rather than half/hourly - with prices higher in winter when you need it and lowest in summer when you need it least   politeness ends with: - I'm NOT interested in any smart tariff I see, You are pushing your smart meter + variable tariffs in the wrong place - try pushing them somewhere 'nearer to home'  
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.

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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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Money back from Bank of Scotland


jarvis123
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My wife has just received settlement for bank charges levied against her. She went over her overdraft limit by only £50 (although her statement never showed more than £12 o/d). She was overdrawn for less than 24 hours, until her wages were paid in. Her wages are regularly paid into that account at the same time each month.

 

For this crime she was charges £148! A large proportion of her monthly income.

 

After getting nowhere with the branch, and 2 letters to the complaints centre in Dunfermline, she filed a small claim.

 

They then settled for £158 plus £28 which had previously been returned. Thus also covering the fee for the small claim.

 

Easy...although the paperwork for the Scottish courts is a bit of a pain, having said that the Shrieffs clerk was very helpful.

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  • 1 month later...

HBOS inefficiency worked to our advantage!

 

After recieving the settlement, she then contacted the court to dismiss the claim. She then recieved another letter from HBOS, saying that if we withdrew the claim they would settle for the full amount plus court fees plus interest. Obviously a different person was dealing with the court summons, and they did not communicate with the department which had already paid out the settlement.

 

She just ignored this letter, after all she had recieved the money and had already withdrawn the small claims action.

 

HBOS have obviously checked to see the claim had been withdrawn, and have just credited her account with the full settlement plus interest FOR THE SECOND TIME!!!;)

 

Our advice would be, at the letter stage, send the first letter requesting the return of your bank charges. You will recieve the standard 'will shall get back to you in less than 6 weeks' letter after about a week. Don't wait 6 weeks, write again saying that you will take action in the small claims court if the money hasn't been returned within a week and give an exact cut off date. You will probably get the same '6 week wait letter' again. After a week issue the summons. The whole process from letter 1 to summons will take about 3 weeks, which really is a fair time for them to repay. By the time they get round to acting on your second letter the summons will have been served.

 

Good luck.

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Hi jarvis, congrats on your victory. i`m waiting on my statements to add up all my charges before taking action against BoS. Think my total will come to around £1,800. Good to know of someone else who has been successful against same bank so if you are able to give me any help or advice i`d be gratefull.

Ali

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A site that we found very useful was The Govan Law Centre Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow, as we are based in Scotland it is more Scottish specific than the adive you get at say MoneySavingExpert.com ad-free, free to use, Consumer Revenge!

 

We used the Govan letters as templates, although we did adapt it a bit as at least one of their example letters is rather long winded.

 

The Govan site gives a example of a first letter and then a follow up letter. If you get to the stage of writing a follow letter (which you will!), put a date in it when you expect HBOS to settle. This puts the ball firmly in thier court.

 

Keep copies of all letters, and if you threaten to take them to court if a suitable settlement isn't reached, follow it through.

 

All the best.

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