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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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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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BOS- LBA £750 Claim Limit?


stuart30
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I am at the LBA stage.

 

In my previous letter which I sent on the 16/11 I claimed for £888 in overdraft charges. They didn't receive the letter until the 21/11, so I am calculating the 14day period from the date they received and not the date I sent it. I have received a standard letter saying they would deal with my complaint and get back to me within 4 weeks. However I am sticking to the 14 day deadline and am planning to send the LBA on the 5th Dec (Is this ok?)

 

What I wanted to know is whether I should drop the charges I am claiming in the LBA to £750? I can't find a section on scottish small claims on the forum but a few threads seem to suggest that the maximum that can be claimed in the scottish smalls claim court is £750. Is this correct? If so how do I explain/phrase my dropping the figure I am claiming from £888 to £750 in the LBA?

 

 

Thanks in advance for any suggestions/advice

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Hi, i am in a similar situation

I sent a letter to BOS on 26th Oct they reciaved it on 1/11 stating they would reply within 4 weeks

sent another letter today 30/11 saying they would make a desion by 28/12

Can THEY really take that long (8 weeks)?

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Stick to the timetable!! It is more than reasonable!!

 

These are just stalling tactics.

 

They tried it with me too.......

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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i have just sent off a letter claiming £6663 from the bos,anyone out there had high claims settled.di any of you claim back the account maintenance charges?

 

i'm claiming the account maintenance charges back. they are still a charge and i'm sure the bank didn't do £28 worth of maintenance to my account each month.

[sIGPIC][/sIGPIC]

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JavorB, don't!!

 

Not one of these claims has ever ended up in court. I'm the same......claiming £5.4k, just posted my N1 to the court las week so am expecting something to happen in the next week to 10 days.

 

Follow the guides on this site and you'll be hunky dory!!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Hi thereI am confused! I have received my statements from BOS for 2 bank accounts. Not all the statements are included and it would appear the ones when Halifax became involved are not there. I am assuming they will arrive shortly. From the statements I have, I have been charged almost £2700 in charges (not including the maintenance charges - I will have to add those too!). I did notice that the maintenance charges jumped from £15 to £28 which is absolutely ridiculous.Can somebody please clarify the following:1. In Scotland, do you claim for 5 or 6 years?2. If a claim is high, would you go to summary cause. What is BOS settle on a full and final settlement meaning you can't claim anything else? What court should it go to and what is the limit. Do you put the claims in all under one claim?3. What about returned items charges? I am claiming these along with everything else, it is a penalty charge. Am I wrong?4. Should I wait until I receive all my statements to make my claim and should I make the claim on a "per account" basis ie current account, credit card, budget account etc.,I thought I had this all sussed but there seems to be conflicting information and I just want to make sure I get this right.Thanks a lotAnnie

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Hi there

 

I too am in the process of trying to claim bank charges of £9122, which includes interest from Bank of Scotland and would like to see what kind of response Gemspan gets.

 

Response to her questions above that is, not her claim LOL Although of course that will be interesting to. I'm just poised ready to send the letter once the above questions are answered.

 

Thanks

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