Jump to content


  • Tweets

  • Posts

    • Please will you upload the defence in a PDF format document
    • Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. Decide whether to proceed Parcel2Go.com has rejected your claim. You need to decide whether to proceed with the claim. You need to respond before 4pm on 25 June 2024. Your claim won’t continue if you don’t respond by then. This is their ‘defence’ Their defence Why they disagree with the claim When choosing a service on the Defendants website, the Claimant chose to book their order with Evri and selected to take out £20 parcel protection which comes with the service. On the first page of the booking process, the Claimant entered the value of £265 for the contents and was offered parcel protection for loss or damages against their goods for £13.99 + VAT. The Claimant selected no, which then produced a pop up which explained 'We strongly recommend that you protect the full value of your item(s).' however, the Claimant still did not take this protection out and instead continued with the booking process. At the end of the booking process, the Claimant was offered this again which was refused and the Claimant continued with the booking by accepting the terms and conditions which re-iterates the information provided in the booking process. The parcel was sent, however, seems to be delayed in transit. The parcel finally started to track again, however, when delivered the parcel was empty with no contents. As such, the claim was re-opened and attempted to be settled for the £20 protection taken out in the booking process. This was refused by the Claimant as they felt they should be paid the full amount of the value entered when booking. Unfortunately, due to the refusal of the parcel protection in the booking process the Defendant is not liable to settle the claim to the value and only to the parcel protection taken out. The Defendant shall rely on the Terms and Conditions of carriage in particular section 9. The Defendant understands that the contents have not be handled with due care and attention, which is not being disputed, however, they are disputing the amount they are liable to. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59   
    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
  • 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

FRAUD and FUMING!!! Anyone??


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

Thread Locked

because no one has posted on it for the last 5619 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

Ok, please bare with me while i explain what has happened and i would appreciate any advice. I was medically discharged from the army from my injuries in Afghanistan. I had my invaliding bonus put into a high interest savings account. Now purely by accident i happened to see my balance on that account ( should have been £12236, and it was down to £3250) i asked where my money had gone. They printed out a statement of what had gone out. Straight away i knew something wasn't right. Turns out somebody had been taking money from my savings account putting it into my current account to cover their tracks on taking money from the current account in the first place. Also i had not been receiving any mail from my bank at all, no bank statements nothing. The person i spoke to suggested closing the account down immediately and opening up another to try and stop the fraud. So....they took £1500 from my savings account to put into the old current account to clear the overdraft so it could be closed down. Anyway, the staff contacted debit fraud so that i could fill the forms in the branch and they would be faxed straight away. Two weeks later i still had not heard anything, so again i went into the branch, spoke to the assistant manager who tried for two hours to sort it, she herself was passed around every department when finally someone said they would contact me regarding the fraud. I also add that the current account that was meant to be closed down was in fact still active and had £1500 taken out of it. The assistant manager was apologetic and said she would close it down. Again i never received a phone call from debit fraud, or any other department and again went back into the branch, whoa and behold, the current account was still active and the care fraud marker which had been put on my account had been taken off by someone at barclays the same day it had been put on. To cut this short, i made another FIVE trips to the branch to see the manager and assistant manager and i am still back where i started. I am absolutely FUMING and don't know where to go next. They have shown incompetence of the highest order in my opinion. If anybody can help me i would greatly appreciate it as i am about ready to scream.:evil:

Link to post
Share on other sites

  • Replies 125
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Pete,

 

This clearly looks like the bank has failed to protect you against fraud.

 

You should make a high level complaint to ensure that all monies removed from your a/c without proper authority are refunded.

 

Speak to or visit your branch to get contact details for bank's Fraud Department. Write to them setting out the events concerning your missing funds (using paragraphs which makes it easier to read).

 

Tell them you want this properly and quickly investigated by a senior staff member as your own branch and others have failed to deal with this properly to date.

 

I would insist that they compensate you fully for:-

 

1) The funds stolen from your a/c.

 

2) The interest which the missing funds would have earned you.

 

3) Any out of pocket expenses incurred including your time, petrol, parking, phone calls, stamps, stationery, etc.

 

4) The stress and inconvenience caused so far, and up until the matter is properly concluded.

 

Given your circumstances, perhaps you should insist on a reply within 7 days to confirm who is dealing with this case, and how.

 

You could further insist that the matter be resolved within, say, 14 days or you will go to the Press.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hello Pete.

 

just to be sure, was the current accont "delinquent"?

What payments were going out of the current account that were fraudulent?

Any more info?

 

Thanks everybody for answering. Well the account that was meant to be closed down had all my direct debits changed over to my new current account, so as far as i was aware everything was fine. I contacted debit card fraud again today and asked what was going on, i was told that they had not received any paperwork regarding the fraud, even though i did fill some in at the branch . Now i ahve been advised to go to the branch (again) and get them faxed while i am there, and a hard copy also sent through the post. The thing is i work mon-fri and when i finish saturday the fraud office i need is shut (the branch have tried ringing them whilst i was there the last three times)

Link to post
Share on other sites

Hi Pete,

 

In these circumstances, you should put you complaints in writing, either to your branch manager, or to Banks Fraud Investigation dep't.

 

Complain along the lines I suggested above sending letters by Rec'd Del'y.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Pete

Use your (ex) military connections. Get the Royal British Legion on your case. Being an ex squaddie (and wounded?) to boot, the press might be interested as well. Barclays certainly could do without more bad press at the moment.

 

Best of luck mate and thanks for what you have done.

Link to post
Share on other sites

Right here is an update, after phoning head office customer relations i explained what had happened. Obviously she couldn't do anything right away as she needed to go through everything that had happened and there that many notes on screen. That was monday the 3rd. I rang again today quoted th reference number given, the guy was helpful, he said that the acoount that was meant to be closed (old account with fraud) was unbelievably still open with a balance needing to be cleared (as i said previously i had already cleared the balance) and that the care fraud marker was not even on my new account but on my old account. So there is currently nothing to stop any monies leaving my new account without my say so. The staff could not do to much as he said there was somebody already logged on to my claim and looking at it. But was told that he would look in to it and contact me.

Link to post
Share on other sites

Hi Pete,

 

In a situation like this, you may find calling them more frustrating than productive. Make and keep good notes of the tel cons.

 

I'd stick to comm'ns by letter only. Give them a deadline, then give 'em hell.

 

As I mentioned in post #3 above have you thought of lining up the press if the bank don't adequately respond to yours requests or deadlines.

 

Slick

Edited by slick132
typos

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 3 weeks later...

Hi just wondering how you are getting on with your case?

 

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

sounds a nightmare, dont forget to keep everything in writing and notes of times and dates and names of any telephone conversations that you have.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hi Pete,

 

So when exactly did you send back your statements showing (I assume) the amounts which are disputed.

 

Did you keep copies for yourself and a record of when they were sent back and who witnessed this.

 

Do you yet have an address or contact for Fraud Dep't who should be investigating this.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi

 

On a smaller scale today my sons girlfriend has had 200 pounds withdrawn from her account in the Ukraine! obviously the card had been cloned. But she has only used Lloyds cash points recently. Unfortunately she has also just lost her job and needs the money - lets see how long her case takes.

 

I think I read that the bank have the responsibility of reporting fraud to the police? Lets bet they dont - I reckon there is a lot more of this going on than we know about.

 

Best of luck with your case again. If I was you I would be really losing my patience:mad:

 

 

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

I am going through the same hassle as petethemanc.

I don't know whether Barclays try hard to be incompetent or just have a knack for it.

I think when I mentioned 'compensation' everything slowed to a snail's pace and communications became more difficult.

They appear to have only ONE process for dealing with fraud (and poor petethemanc even had problems getting going on that route).

I would like them to have a 'fast-track' for those where the fraud is seriously affecting their lives (as in petethemanc . . . and me)

What guidelines can slick132 advise on compensation for stress and inconvenience?

Link to post
Share on other sites

Hi Merky and thanks for your input.

 

Before anyone can offer advice on your case, we need a brief history of the circumstances.

 

Please start your own thread, in the Barclays forum. Press the newthread.gifbutton at the bottom of the page, enter your title and post away.

 

You then keep your claim in one place and avoid hi-jacking another's thread.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Pete,

 

Any more news on this - unless there's any reason not to, you should really consider calling in the Press to see if that might help the Bank focus better.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Ok further to physically going in to the branch and getting a witness to observe the forms being faxed. I rang the fraud dept again. I was told that it can take 48 hours for the forms to be scanned and reach the right dept. So....48 hours later i rang again, i was told i would be called back by the person dealing with it. When i received the call i was informed that the faxed paperwork had NOT been received by them. I told him that this was completely unacceptable (also asked whether Barclay's CEO had to wait this long after he had £10000 fraudulently taken from his account, and was told he could not comment on that) so again they want to send out the paperwork. Now...the problem is not me getting the paperwork, but incompetent Barclay's staff getting it to the correct dept. I'm absolutely FUMING here as they are seriously taking the p1ss.

Link to post
Share on other sites

I see in post #14 that you were going to send the forms off with a 14 day warning on 13th Dec'r. I assume that didn't happen and you took the forms into the branch on 5th Jan. Is this right.

 

Do you have a correspondence address for the Fraud Investigation Dep't.

 

When you rec'd the state's and went through them, could you see the money leaving your savings a/c and then leaving your current a/c. Are you certain the bank hasn't transferred the monies to any other a/c or used it to cover an o/d or similar.

 

How was the missing money shown as leaving your a/c, ie a transfer to another a/c and branch, a cheque payment, card payment, cash withdrawal, etc.

 

If you sent the state's back on 5th Jan, they've only had 5 working days to d/w this so far. It would be good, however, to know that the Fraud Dep't have rec'd the paperwork and there's no excuse for them NOT having it now.

 

Come back with some answers so we can advise on your next move.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...