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    • If I haven't referred to it before then please check out this thread another case where the claimant contracted directly with Packlink for a courier delivery service carried out by Evri. Please read this thread very carefully and eventually you will get to a point where the claimant – our OP – discovered some interesting terms and conditions and has referred to them in his case. He incorporated these into his witness statement and was given judgement – not on the basis of rights of third parties but on the basis of direct responsibility. I would suggest that use the witness statement as a model although we will want to see it before you file it off. When you find the particular post with the witness statement, please can you post a link to it here as well as a copy of the witness statement because I don't have the time to look for it at the moment and the thread is rather long. However it is very important to you and you should go through it very carefully indeed. We have applied for a transcript of the judgement and hopefully it will be along in six weeks or so. As soon as we receive it we will make it available on this sub- forum.
    • Yes they are criminal charges. The law requires you to stop/report if "...owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which— [injury or damage to a third party or their property is caused]. "I would be disinclined at this stage to offer anything more than you do not believe any such accident took place.  You could provide a brief description of the altercation in an attempt to explain why another party might be making these allegations. I know it's a silly question, but are you sure that you did not collide with anything? Could you have mistaken hitting something for the other party thumping your car? Could it be that you passing closely caused him to damage something somehow?  
    • Thank you. They insisted that they claim they have an "allocated settlement" figure per day. Make a note of this and make sure it gets into your witness statement and onto the judge. This is a scandal and even more evidence of the abuse of the system. It has nothing to do with justice. It is purely economic's for them. Once again, insist on seeing their contract with Packlink. You shouldn't take their word for anything without evidence. Also standby as I will post a link to a similar case where a very interesting discovery has been made about Packlink's terms and conditions and how Evri are responsible to you in any event. We are applying for judgement on that. It will take about six weeks. I'm sure it will be available by the time you go to trial. Also, it is outrageous that they wasted your time and the mediator's time agreeing to compromise when they already had a fixed sum in mind. This is not about compromise, this is about setting a condition from which they will not move. This is an abuse of the court process. It is an abuse of the mediation process. Make sure it all goes into the witness statement. The judge needs to know  
    • Update: they actually showed up to mediation this time. The mediator seemed pretty understanding that I had a previous claim with Evri last year where they didn't show up to mediation and ended up settling in full before court. And how evri are infamous for following this "dragging out protocol" even when they will lose. Evri spoke the usual speil of my contract is with packlink not them, to which i briefly explain to the mediator the Rights of Third Parties Act 1999 etc. Best they could offer was a "goodwill guesture" of £20 plus covering the court fees so £55 total. Said they have an "allocated settlement amount per day". the mediator could already tell it wasn't going nowhere so we had no deal.
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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.

      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.
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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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Irresponsible lending


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Has anyone tried or been successful in making a claim for irresponsible lending?. i.e. for a credit card where they automatically increase your limit every couple of months. I know they say you can decline the increase but how many people bother until it's too late.

Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

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I don't know of any enamae, but it is one thing I am particularly interested in as the same thing happened to me - the rises in credit limits on my cards were beyond belief when I look back.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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MY Husband had a credit card (recently settled), which started off with a limit of £500.00. They kept adding an extra £200.00 on every couple of months and it ended up at £4900.00. Not once did he request an increase just didn't get round to saying he didn't want any additional credit. Anyway managed to get the charges back just wondered if it was worth looking into the irresponsible lending aspect because I doubt whether they checked his credit rating every time they increased the limit.

Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

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It is something that has been talked about a great deal but I don't know of anyone who has achieved anything in court over it. I was helping someone with a bankruptcy recently - she is 65 on a pension and had been given ridiculous amounts of credit - and she had a great time!!!! We had a meeting with the official receiver last week and I mentioned this more than once but it remains to be seen whether it will have any bearing on things.

 

In my own situation most of the card companies couldn't produce a valid agreement so I got rid of a lot of debt (which was mostly charges and interest). Because I was meeting the minimum payments by DD (which actually reduced the debts by approx £5 per month) they kept increasing my limit. One of the cards was through the same bank I had massive overdraft problems with - so as you say if they had bothered to check within their own bank they would have known that the last thing they should have done was give me more debt.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Going by the Banking code (link below), I would have thought that they should be partially responsible if they don't take into account your ability to pay. We recently had a loan co write to us saying they had excess money that they were able to loan to existing customers. I sent off all the details and they came back with the relevant figures but they advised us(thankfully) that it was not advisable due to our income. That is what I call responsible lending.

 

BBA – British Bankers' Association - The Banking Code on responsible lending

Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

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Hi,

I too am very interested in this,

My very first credit card was given to me whilst I was in my early thirties, when I asked what the credit limit was they replied £5000. I said "OMG I don't even have a job" Bank assistant went very quiet and then piped up "well your husband does so thats what we are going by"

 

Also when these limits used to go up every couple of months we weren't written to, so sometimes you wouldn't realise happily thinking we must be in our credit limit & later find out its been increased! Later only to find a little bit printed on the bottom of your statement saying "call us if you don't want the increase"

The media keep mentioning irresponsible lending & high lighting cases.

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One of the cards was through the same bank I had massive overdraft problems with - so as you say if they had bothered to check within their own bank they would have known that the last thing they should have done was give me more debt.

 

Same with me, I had cc so did my hubby plus a loan and huge overdraft, bank charges being a regular thing, and bank thinks :idea: Lets give em some more debt to top it off, What a fab idea, But do we think its responsible lending?

Well they must have done as they did it to me, you & most of us on cag members I would imagine.

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God GL which lowlife made a 65 year old bankrupt?

 

She did it herself:o

 

:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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