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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Madmart58
      Lost items sent through Parcel2Go and EVRi

      By Madmart58 · Posted

      Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Angryman1404
      IDRWW letter and email received this week

      By Angryman1404 · Posted

      Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
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      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

H.O.L Test case appeal. Judgement Declared. ***See Announcements***

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Aequitas

Aequitas

Posted
Posted
A solicitor has pointed out to me that even if the judgement on the historic terms is that they do not equate to penalties at common law it should not be assumed that business claims now have no legal basis. The solicitor pointed out that the judge hearing the test case has not considered a single business contract or any business terms and conditions during the test case, and so reliance on the judgement would be unjust for business claimants. Any judge would need to consider the contract between the business customer and bank and the business terms and conditions before a fair ruling can be delivered.

 

Any thoughts?

 

Whilst it is the case that the judge only considered personal banking terms, I think it has to be said that the idea that contractual penalties have any application to any bank charges is pretty much dead in the water. I cannot see the language used in terms and conditions for business customers being significantly different from that used in personal banking terms and conditions.

 

I hope I can be forgiven a wry smile when reading those posts that say that the argument never was about penalties.

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car2403

car2403

Posted
Posted
I think it has to be said that the idea that contractual penalties have any application to any bank charges is pretty much dead in the water.

 

I'd have to disagree with that interpretation.

 

The caselaw on penalties is clear that what is, or is not, a penalty is a matter of fact based on the circumstances. The terms, including the detail of the wording, has to be considered alongside that, also.

 

What is happening here is that we are getting Judgment based on standard terms and conditions and not the individual circumstances of each case.

 

I cannot see the language used in terms and conditions for business customers being significantly different from that used in personal banking terms and conditions.

 

From what I've seen, they can be very different depending on which bank.

 

I hope I can be forgiven a wry smile when reading those posts that say that the argument never was about penalties.

 

I've always thought the question was about fairness - if they are unfair, they would be seen as penalties, in layman's terms, but not technically penalties in Law.

 

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Aequitas

Aequitas

Posted
Posted
The caselaw on penalties is clear that what is, or is not, a penalty is a matter of fact based on the circumstances. The terms, including the detail of the wording, has to be considered alongside that, also.

 

What is happening here is that we are getting Judgment based on standard terms and conditions and not the individual circumstances of each case.

 

Obviously there may be cases of individually negotiated contracts which provide for contractual penalties, but if the standard terms of business contracts are similar to those of personal contracts then it will be futile to pursue the penalty point.

 

I've always thought the question was about fairness - if they are unfair, they would be seen as penalties, in layman's terms, but not technically penalties in Law.

 

Of course the law on contractual penalties is there to prevent unfairness, but not all unfairness can be put down to contractual penalties. The whole problem here has been people considering bank charges to be "penalties" in some everyday sense of the word and therefore assuming they must be penalties in the sense used in contract law. The essence of a contractual penalty is that it is a provision that purportedly allows you to claim more than the amount of your loss - it is not about making excess profit.

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rdm2006

rdm2006

Posted
Posted

has something happened i do not know about?

 

i reclaimed charges under hardship a few months ago and they were all refunded.

 

since then i have had the odd one or two more charges but on friday these have been refunded to me without even asking ?????:confused::confused:

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locutus

locutus

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phatram

phatram

Posted
Posted
has something happened i do not know about?

 

i reclaimed charges under hardship a few months ago and they were all refunded.

 

since then i have had the odd one or two more charges but on friday these have been refunded to me without even asking ?????:confused::confused:

 

From which bank?

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brown1950

brown1950

Posted
Posted

Extract from the OFT website :-

 

Personal current accounts - UTCCRs investigation and test case

 

The personal current accounts market study provides the context for the OFT's Unfair Terms in Consumer Contracts Regulations (UTCCRs) investigation into the fairness of the level and application of unarranged overdraft charges.

The High Court test case, which is a key part of the investigation, is seeking to establish the preliminary legal principle of whether the provisions of the UTCCRs that deal with unfairness apply. It is also addressing the additional point of law of whether the charges can amount to penalties at common law.

 

Below is a timeline of this work.

5 December 2008

 

There will be a hearing at the High Court at 09:30 on 9 December to deal with further submissions from Abbey, Lloyds and RBSG relating to whether some of their historical charging terms are capable of amounting to penalties at common law.

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SPROUTY

SPROUTY

Posted
Posted

Re Today in Court

 

Interesting that RBS have more representations to make to the Judge and are the last ones left in the court.

 

This is a big IF but wern't they the Bank who the BBC said had prepared a division to pay back charges I wonder???

 

Maybe they are the odd one out who's charges CAN be tested as a penalty?

 

Just a thought!

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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car2403

car2403

Posted
Posted
Re Today in Court

 

Interesting that RBS have more representations to make to the Judge and are the last ones left in the court.

 

This is a big IF but wern't they the Bank who the BBC said had prepared a division to pay back charges I wonder???

 

Maybe they are the odd one out who's charges CAN be tested as a penalty?

 

Just a thought!

 

Wasn't this HBOS?

 

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SPROUTY

SPROUTY

Posted
Posted

Well we will know before christmas (judges work load permitting) Could be a very happy Crimbo for NatWest (RBS) clients if their charges can be "tested" as penalties.

 

The "proactive" staff may be busy elves!

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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adarling2006

adarling2006

Posted
Posted

HBOS did something which i thought is odd, I have been offered half the charges complaint i have on hold with them, £1,132.54 is what i've been offered. Point being there could be a mass flood of these offers going out because of the hearing on the 9th.

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ohoh4312

ohoh4312

Posted
Posted

I wish!?!:mad:

 

No movement on the Abbey front - my hardship claim was refused delivery, not even refused consideration.

 

£3-4K would be a fantastic crimbo pressie.................

 

Here's hoping!;):mad:

Six Nations Champions 2009

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african_igbo

african_igbo

Posted
Posted

Hi All... seems a bit better... anyway I just got made redundant like many others a few weeks back.. thus Is there a good thread and am I able to try my hand at hardship.... etc etc..Anyone had any contact with Barclays.... in regards to offering payments prior to antisapation of saving a few schillings...

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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