Jump to content


  • Tweets

  • Posts

    • A Swiss pressure group says some staff at Shein suppliers are still working excessive overtime.View the full article
    • Let me start by saying I feel tremendous regret, shame and remorse. I have some debt and personal life has fallen apart over the last year which has caused me to be careless. Doesn’t make it okay I know. In a positive way, i will never take anything in life for granted ever again. I want to volunteer and go back to being a good person. I need some advice/reassurance on the below so I can move on better from this experience. A few days ago I was caught at sainsburys, I paid for part of the food (about £5) and didn’t pay for the other (about £8-10) at self checkout. when I got to the exit someone in plain clothes asked to see my receipt and bag and that they worked for mitie. I told him the receipt was in the store bin (true) and he said he followed me round and knows I didn’t pay for all of it. he very sternly but calmly said he just needs my name then I can leave with the shopping. I said i am in a bad day and can’t do this and was on the verge of breaking down. So I handed him the shopping and slowly walked out. No name given (I read elsewhere this is good and makes it unlikely to develop) and I have no way knowing if police contacted. I overthink a lot and I wonder if they can track me via debit card or nectar card on the transaction. I also wonder if they saw me do it last month and have been waiting for me. I know someone who works at their head office and terrified somehow it will get back. I’m also terrified of being recognised in the street.    I don’t know what’s going to happen. I see a lot in the news today about shoplifting 
    • Hi, I’ve just spotted an Arrangement to Pay marker (TransUnion) on my Barclays Mortgage account for 1 month in March 2022. I’ve spoken to Barclays Customer Service and Complaints about this and they’ve given me some background but have closed my complaint: Direct Debit for mortgage bounced in February and I didn’t notice this at the time. Realised there were arrears in March and called customer service straight away. Offered to pay half the arrears on the call with the other half of the arrears the following month. I prob suggested or accepted this as had done that many years previously when I was a poor student with no adverse consequences. Paid in accordance with this. Barclays call notes report they informed me credit reference agencies would be notified and I indicated I understood. However, complaints team couldn’t access the call because it was too old. They advised I could request a transcript through GDPR and complain via ombudsman if still unhappy - I’ll process the GDPR request this week. Whilst it may be factual that I entered into some kind of arrangement regarding the arrears, it wasn’t clear to me that they would be treating it and reporting it as a formal payment plan along with the potential consequences of this. At no point did I agree to or request to “reducing my contractual payments” - I paid my contractual amount for March and April with 50% more on top. I guess it’s likely they did say something vague about credit reference agencies and it’s also possible that I may have agreed without fully understanding it would be different to a late payment marker. I’m not 100% sure of the impact of the AP but I believe it did tighten up balance transfer and new card offers (Lloyds group in particular) even though the rest of my report is spotless and I have many years managing multiple high balance cards. Although it may have been less comfortable, I also believe I had the means to pay the balance in full if I’d realised the impact at the time. Finally, it feels like Ive been penalised for speaking to customer services directly rather than just upping my payments to cover the arrears. Historically, I was under the impression that Barclays mortgages weren’t even reporting arrears of less than 2-3 months as late payments - although this may have changed since the last time I was in arrears. I’ve had a browse through threads about AP markers and it seems like removal is unlikely if it’s deemed factual but it may be worthwhile escalating to FOS or ICO? Will update with transcript details once I’ve raised and received a response to my request. I suppose the upside of this is that I’ll be even more cautious about negative markers in the future. Thanks, J
    • Rwandans claim asylum in Oz. Rwandans arrive in Australia after perilous journey to claim asylum | Immigration and asylum | The Guardian WWW.THEGUARDIAN.COM Hunters reportedly find five Rwandan men in mangroves on Saibai Island, a known crocodile habitat  
  • 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
      • 161 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
  • Recommended Topics

Where is the Banks defence?


bruce47
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6044 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

I thought the banks had until the 28th to submit a defence?

 

Do we know when it will be published, is there any reason its not been published yet? Maybe they have not entered a defence? it will be good to see so some of the more legally minded members can give us there view on it.

 

Could we email the OFT and request a copy of it or do they not have to show it to us?

 

Reading the agreement the OFT have until the 26th Oct to respond to the defence.

 

I hope its not like the waiver review and takes 2 months for them to publish the documents

Link to post
Share on other sites

Just spoke to the delightful Kate Farrow at OFT and she's going to let me know when they get the ok to post it on the OFT site.

 

They definately have the defense (and counterclaim) and are ''very keen'' to put it up but their lawyers are still looking at the legalities of making them public.

Link to post
Share on other sites

Well at least they have received it!

 

Just hope it doesnt take them to long to publish it, if it is to be a public document then why should there lawyers have to look at it first.

 

Anyway good news just hope they pull there fingers out.

 

I wonder what the counter claim is? will be intresting

 

Thanks for the info

Link to post
Share on other sites

I spoke to OFT today regarding the banks defence, they say they are going through it at the moment to see what they can publish as there is some commercially sensitive data in it which they have to remove, also they are altering there POC due to the banks defence.

I asked where else i can get an original copy of the defence with nothing deleted. He said you would need to apply to the High Courts civil procedures rules where an un edited copy of the defence can be obtained.

Just spoke to Royal Courts Justice - 020 79476000

Commercial Dept / Registry Claim no - 2007 folio 1186

The banks have entered 7/8 defences so it seems they all have there own. got an address of them

Royal Courts of Justice

Commercial Court

Room EB13

Strand

London

WC2A 2LL

They say you need to request copies of the defence in writing first, they will then write back to tell you how much the docs will cost, send a cheque and they will send the docs on.

I will send of and keep you updated and again anyone else can do the same to see who gets them first. Prob better to just email them to MOD as i wouldn’t want to copy and paste them onto a thread just in case

Just a shame about the postal strikes.

Also actually she mentioned if i was close by so i presume if anyone is near the address they can call in get a price and call back to pick up the defence would save a lot of time but i am miles away.

Thanks

Bruce

Link to post
Share on other sites

Sounds good, there are 8 defences i from eack bank. Funny enough i asked if they can email the defence to me and they said no it would have to be in hard copies. But i guess its who asks for it!!!

 

I have wrote a letter to send to them today so will send it anyway. Keep us posted if there is anything intresting. It will be good to have a un edited copy so we can see what the OFT have taken out when they publish the defence themselves.

 

Thanks

Link to post
Share on other sites

Yeah it would be very interesting to see what they leave out. The solicitor

I spoke to seemed to think the banks were in negotiation with the OFT as

to what goes up on the site but actually the defence is a public document. I'll post it up as soon as I get it.

Link to post
Share on other sites

Well yet again the banks are idiots - who cares what they post on the OFT website. Anyone with interest will be able to obtain a copy from the court - this includes other banks - the only people who could actually make use of this 'commercially sensitive information'.

 

What this commercially sensitive information actually is is the tiny cost of processing a bank charge - but we know that anyway - Banks and OFT: stop stalling.

A £35 pound bank charge is not a charge for a service. Its theft.

Link to post
Share on other sites

And why the hell are the OFT not publishing this public document - I mean - anyone who is interested is going to see the unedited version anyway - whos side are the OFT on here?

A £35 pound bank charge is not a charge for a service. Its theft.

Link to post
Share on other sites

And why the hell are the OFT not publishing this public document - I mean - anyone who is interested is going to see the unedited version anyway - whos side are the OFT on here?[/quote]

 

Certainly not ours if the last few months are anything to go by..:-?

27th April - Requested Statements

13th May - Received Statements:D

15th May - Preliminary request for £4780 sent.:D

16th May - Royal Mail confirm Letter received.:D

23rd May - Received Letter considering claim. :grin:

30th May - Letter Before Action sent. :D

10th July - Times Up!! FOS claim going in.

16th July - Measly 30% of claim offered as goodwill

17th July - Rejected offer letter sent

25th July - Acknowledgement of Reject Letter received

26th July - Screwed over by the OFT,Banks, FSA & FOS all in one go.:evil:

Never even felt it happen.

Link to post
Share on other sites

I emiled them for the price and sending the defence to me and got a price of,

 

I unable to email you the copies of that you have requested as we do not have the facility to do that at the moment. I can only send you the hardcopies of the documents via the post. So please can you provide the court with a postal address. And unfortunately have already sent those documents to our reprographics department for photocopying so as soon as I get it back which normally takes 48 hrs, will I be able to tell you the exact cost. I can pre-warn you that we do charge £5 for the first 10 pages & 50 pence there after per document.

so i think! its going to be around £4 if i am correct in thinking 50 pence per document then means each defence as there are 8 of them?

Hopefuly CRX250 will get a copy first, but we will get copies before they are published by the OFT anyway!!

Link to post
Share on other sites

I too am very interested in getting sight of these docs as soon as possible. I have done the same thing, phoned the court, got the same story as other posteres and phoned and emailed the OFT. However, I have now seen the other posts on here and would be grateful if first person to receive unedited copies could post them on this thread. We also need to make sure that we get sight of any counterclaims issued by the Banks. Counterclaims are probably the reason why the OFT now wish to amend their own POC.

Link to post
Share on other sites

I have received an email back regarding the price just as well i was sat down!!

 

 

The copies have come back & the full cost for your photocopying is £85.50 and the cheque should be made payable to HMCS ( Her Majesty Court Service

 

Yours Sincerely

 

 

I think i may need to do a pay per view lol!!!

 

I am going to send of the the un edited copy as the OFT defence when published i expect will be half as long as these ones.

 

I wont be able to post them on the site because there is approx 160 pages according to the price and i don't have the time to scan all the pages and post them.

 

If any member wants to do this i can get copies done and post them to an address for them if they cover the costs of the copys and postage, sorry but its the best i can do. If there was 20 -30 pages i would scan them and put them on a thread but 160 would take to long.

 

CRFX250 have you any idea when you will receive the PDF version as this would be a lot quicker to put on a thread, also just out of intrest i got a reply back from Sion Simon MP the guy on the Northen rock program last week, asking for my postal address so he can reply back in writing to me. I am guessing if i say where my address is which is 120 miles from where he is he will say to speak to my own MP?? or do you think he still might reply?? not emailed my address yet just thought i would see what you think first.

 

Thanks

Link to post
Share on other sites

HI Bruce,

 

If you're going to order the full docs then I don't mind scanning them and posting them here. I'll happily send you a cheque for copies and postage. PM me with the amount I need to send you and address.

A £35 pound bank charge is not a charge for a service. Its theft.

Link to post
Share on other sites

just a quick question - if the banks have not filed totally the same defence - or one of them makes a slip up in the wording could there be a different outcome from one bank to the other?

 

Or as it is OFT agaist all the banks named could there only be one decision?

 

Probably a stupid question - just curious

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...