Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

Reclaim Packaged account fees


intend
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2418 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Having successfully reclaimed PPI for son-in-law from both a loan and credit card from these chancers now I would like to reclaim the packaged account fees they fleeced from him over the years.

 

Have all the information for claim from a SAR - appears to have have one for years with the fees increasing over the years - no letters or information in the SAR relating to benefits/selling process - was just told and accepted he need one - was very naive financially and has paid lots in fees over the years - all under control now with help from CAG.

 

I would like to know which spreadsheet to use. In addition any links to threads or information relating to reclaiming would be greatly appreciated - have looked at the FOS case studies which are somewhere on the site.

 

Thanks in advance, Intend.

Link to post
Share on other sites

Hi there

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?434075-Natwest-gold-packaged-account-fees-reclaiming-**WON-%A31100!!**

 

That thread looks recent enough for a guide in general for reclaiming. There is link to a spreadsheet there as well.

 

Feel free to reed through the won threads in the sub forum for ideas. Ask any questions here

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

I'm using the ppi spreadsheet I think and intend to use the overdraft rate at the time which was around 28.9% from memory. I don't have access to my lappy at the mo but will confirm this over the next day or 2.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

I am using the same, however have a huge query.

 

I am not sure what interest rate to charge - the 8% standard rate or the rate charged by the bank on the overdraft as lots of fees/interest on the account some of which must be attributable to the fees charged on the packaged account.

 

Intend

Link to post
Share on other sites

The rate the bank charged you as that is what you paid and need to claim back. I suspect it's somewhat more than 8%.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

FCA view Intend

 

A summary of the key new rules we consulted on in CP11/20 and which this consultation paper provides feedback on were:

 

  • a firm must take reasonable steps to establish whether the customer is eligible to claim under each policy and inform them whether or not they would be eligible to claim.
  • a firm must provide the customer with an annual statement that sets out any qualifying requirements to claim under each policy and remind them to review whether they meet these requirements.
  • the steps a firm must take to ensure the suitability of its advice on a policy included in the package.
     
    FOS sadly state that 8% is the accepted rate for package reclaims, regardless of the rate you were charged
     
    However nothing to stop you asking for the rate you were charged

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Would agree but cannot find the rate of interest charged on the copy bank statements.

 

Total fees charges from 2001 until stopped in 2010 is in excess of £1300 plus the interest. At start the account was a Select account but changed over time to Platinum, Premier Plus and lastly Premier Vantage - can find nothing in the SAR relating to these.

Link to post
Share on other sites

I think they will only pay at the accepted FOS rate anyway

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Thanks oldrouge - take it the FCA guidance can be grounds for mis-selling of the account - have that page saved on desktop as well as the case studies from the FOS.

 

Need to get my head around the reasons for mis-selling as do not want to give them an excuse to diss the claim. Any advice on this welcome.

Link to post
Share on other sites

View from the fos--use whichever applies to your claim

 

Figures show how the Financial Ombudsman Service has seen complaints about packaged accounts soar by 155 per cent in the past nine months. It is now receiving dozens every day. And it is finding in favour of customers in eight out of ten cases.

 

The Ombudsman says most of the complaints are about the way the account was sold. Many did not even realise they were paying for a packaged account as they had been ‘upgraded’ without being told.

 

Some had been misled into believing a fee-charging account was their only option or were told they had to take it out to get the loan or mortgage they wanted.

 

Others were lured into forking out for insurance policies only to later discover they were ineligible to claim on the cover they were paying for

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Thanks oldrouge - food for thought in your post.

 

Will claim with the 8% I think, but ask for additional refunds due the account being o/d as a result of the fee. Complicated but can only hope something comes of this side of the claim.

Link to post
Share on other sites

Anyone got an address for Lloyds re reclaiming packaged accounts??

 

This is the only one I found...

 

Customer Care

Lloyds Bank Insurance

Tredegar Park

Newport

NP10 8SB

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

You could always send / take it to your branch and ask them to forward it to the relevant office if they can't deal with it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 3 months later...

Any update intend?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 2 months later...

Sorry for delay busy with other debts

 

About to try to put a watertight case and am looking for any details on the following packaged accounrts

 

Select - from Sept 2001 to June 2006

Platinum from July 2006 to Jan 2007

Premier Plus Feb 2007 to Jan 2009

Premier Vantage Feb 2009 to May 2010.

 

Any help in tracking down details of what these odffered would be gratefully received. About to trawl the net. I want to make it clear these accounts were unsuitable and contributed to ongoing financial problems and overdraft fees.

 

Intend

Link to post
Share on other sites

  • 7 months later...

Hi intend.

 

If you still need info I've found a letter dated February 2005 with "Important Changes to your Select current account".

 

It states that you'll get:

 

1. Improves Lloyds TSB Select Home Shopping Service - gives minimum of 10% discount off in-store electrical goods at various stores for branded electrical goods when you spend £50 or more.

 

2. 6.5% discount on holidays booked through Lloyds TSB Travel Service.

 

3. Improved Mobile Phone insurance - cover to include loss increasing from £45 to £95.

 

4. New Sentinel Card Protection

 

5. Same AA Breakdown Cover worth £66 a year.

 

I'm not sure if it will help you, but if you want a scan of it I'll email it to a member of the site team to forward to you. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 1 year later...

Hi all

 

Had a few issues to sort out over last year. A loan has recently become SB, so think I now have the energy to carry this forward in the next few months.

 

The SB loan had PPI on it - not sure whether I should pursue this or not. Advice welcome.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...