Jump to content


  • Tweets

  • Posts

    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
  • 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

Clakkers Vs RBOS


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6107 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

Allo All...

 

Great great site, takes some reading and more again...here's where we're at...

 

Sent for statements 17th April

Received 3rd May

Asked for charges 3rd May, rec del. 14 day timescale to respond

Reply rcvd 9th May, Sandy Watt, looking in to claim,8 wks etc

Called 22nd May, We will write with offer? 6-8 weeks

Sent LBA 23rd May, 14 days to respond

Email to Sandy 29th May, Asking for update

Reply fr. Sandy 30th May, 8 weeks to respond etc

Email to Sandy 7th June, Asking for update again...

Reply fr. Sandy 7th June, 8 weeks from 9th May, etc etc

We're now clearly over the 14 days from our LBA (23rd May)...Just looking for the nod off fellow claimers to file for court...im guessing we've been overly patient as per our letters...hopefully this won't affect our claim?

 

Any advice would be appreciated.

 

Regards

 

Clakkers

Link to post
Share on other sites

Hi Clakkers, got your PM your very welcome.

 

As I said it's up to you what you do now, file at court and wait for your money plus 8% interest or wait till mid July for an offer. It entirely depends what you want to do.

 

I have a larger claim outstanding with RBOS that I am happy to wait the 8 weeks to resolve as it will save breaking the claim up into several court cases.

 

Do what you are happy doing and GOOD LUCK.

 

I'm off on holiday tomorrow, with some extra spends thanks to RBOS! lol

 

Vonnie

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

Link to post
Share on other sites

**BUMPED**

 

Ok, struggling a little, need some guidance...this morn decided to go for court, started to access pages for filing in the court papers...

 

We started this on MSE, and rightly or wrongly, asked for 8% intrest in our first letter...after no reply, we double checked (or so we beleived) our figs, had to amend them slightly in RBS favour, from £1309 to £1259...rcvd normal looking into claim etc...

 

Thru CAG spreadsheet, the figs have now come up £1322...!!! ARRGGHHHH

 

Is it adviseable to change again? for the sake of hassle it isnt worth it, but off the spreadsheet of MSE, we note serveral dates (day n month) got mixed up...however this kind of detail, if faced in court im guessing would be frowned upon? Also, the interest is slightly different too...

 

So, do we...

 

A/ SEND ANOTHER AMENDED CLAIM? WITH ANOTHER 14 DAYS?

B/ CONTINUE WITH COURT CLAIM AS IS? BUT NOTE ON COURT PAPERS THE AMENDMENT?

Link to post
Share on other sites

Kurt_hamster...

 

Many thanks for your note, I was getting slightly concerned, but once more we shall plod on...

 

Thank you for taking the time to reply....

 

Regards

Link to post
Share on other sites

Ok Folks Need some help...Have searched site, Im sure ive seen it somewhere, weeks ago, before i started note padding pages but...Just filling in N1 form...(and now i cant find anything on interest)

 

I understood the 8% to be added to each charge the day it was made...right or wrong?

 

I dont understand this overdraft interest on top??? other than it being the interest charged on the charge that took you over?

 

saf'fd;lf;flsa;f afls ;lsf ;sf;fl';flsflfs

 

If i choose to ignore this, How would i word the bottom paragraph?

 

Charges £xxx.xx

Overdraft Interest £xxx.xx (i will omit this line)

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

Help...

 

Sorry for being so stupid...

Link to post
Share on other sites

ummmmmmmmmmm

 

Allo Kurt_Hamster...

 

I have put on it...

 

1/Charges £100.00 (not exact amount just example)

Interest under s.69 County Courts Act 1984 £10 (intrest at 8% on each charge since being charged)

Court Fee £50.00

2/plus intrest pur.s69 cc act etcetc from date of issue to settle/judgem. at 0.00022 per day or at such rate court deems appropriate

Um, I take it from your note, that paragraph 2/ is other intrest on top of our claim?>>>

 

My god, I knew in my heart i was going backwards with my thought process...

 

What should i have put/how should i have worded it.

 

I greatly appreciate you taking the time to post and advise...

Link to post
Share on other sites

Unless you are going for Contractual Interest (which in itself is a prickly issue!) the 8% statutory interest is the 8% (non-compounded) worked out on each individual charge on a daily basis.

 

You only claim for one lot of interest.

 

So the value of your claim would be...

  • Amount of Charges
  • 8% Statutory Interest on those charges
  • Court Costs

Incidentally you can only claim the s.69 interest until the date you issue the claim. It's the judge's prerogative to award the 8% for the duration of the claim.

Link to post
Share on other sites

So the value of your claim would be...

  • Amount of Charges
  • 8% Statutory Interest on those charges
  • Court Costs

So the above is all i put on there? Kurt_hamster, many thanks for your input.

 

I emailed Sandy again, just in case, got a reply saying, court is your decision etc, but your reply is due in two weeks.

 

Im guessing this reply could offer a part amount, whole amount minus interest etc...

 

I will decide tonight whether to go to court or not.

 

Thanks for your input mate.

Link to post
Share on other sites

  • 2 weeks later...

Well Vonnie32, Kurt_Hamster...

 

Decided to wait for the FOS deadline, the N1 form fried my little brain. It was only another 2 weeks anyway.

 

And so, Full offer of original claim 'blah blah blah'...

 

WE WON!

 

Thank you both for posting your advice to me, it is appreciated.

I will continue to come here however, going to investigate pre 6yrs, although i suspect i will need to get my head on properly for that one!

 

T H A N K - Y O U !

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...