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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • 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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    • 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.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I take it by the forum you are in that the FOS did you wrong. If so, why not tell us about it.

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Total whitewash. Disregarded some points. Made up other points to reject complaint.

Satan's bank can, apparently, decide to sign you up to a credit account AGAINST your express wishes.

Its purely a commercial decision on their part.

Then they can charge you when their system sends you over drawn with charges.

And its all above board according to my complaint rejection today.

 

Does anyone know if the Consumer Rights Act apples to bank accounts?

I don't always believe what I say, I'm just playing Devils Advocate

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Total whitewash. Disregarded some points. Made up other points to reject complaint.

Satan's bank can, apparently, decide to sign you up to a credit account AGAINST your express wishes.

Its purely a commercial decision on their part.

Then they can charge you when their system sends you over drawn with charges.

And its all above board according to my complaint rejection today.

 

Does anyone know if the Consumer Rights Act apples to bank accounts?

 

Is this the Ombudsmans final decision or a decision from an adjudicator? If the adjudicator, you can ask the Ombudsman to look again at it.

 

You can always reject the Ombudsmans final decision and go to court but you have to understand that the Ombudsman does not use the law when making decisions, that is for the court. they take the evidence, make of it what they will and make a judgement based on that.

 

In my opinion, the Ombudsman can be hit and miss most of the time so if you are sure of what you are saying, the best route is via the small claims court which is relatively cheap.

 

Having said that, a bit more background. How can Santander sign you up to a credit agreement?

 

I would think this case would be covered under BCOBS rather than the CRA 2015

 

https://www.handbook.fca.org.uk/handbook?text=BCOBS

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Its from an adjudicator. I think I'm going to reject her conclusion and pursue a more aggressive challenge.

Starting with a SAR and find out if they have a copy of my original application that specifically stated there was never to be any credit facilities.

And I guess I may as well put the Ombudsman on notice whilst I'm at it.

I don't always believe what I say, I'm just playing Devils Advocate

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You only have so long to escalate it upwards. When you do so, give your reasons as clearly as possible.

 

A good idea to SAR Santander however make sure that you don't give them any reason to delay.

Proof of ID

Proof of signature

Proof of address

 

Send them a cheque if you can (£10)or a Postal Order if not. Do not say that they can help themselves to a tenner from your account.

They have 40 days to comply. You would be surprised at how many times I have seen where a bank has sat on a request and then with a few days to spare demand more proof of ID. They don't have to start the 40 days until they are confident you are who you say you are.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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