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    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Finally, finally, finally found it!  It's this para that talks about the legitimate interest and a two-hour parking limit. 57_extracted_WS Combined excl Ex2 .pdf
    • Thank you FTMDave. I've made the suggested changes and will see if there is any other feedback before posting a final copy.  I would be grateful if you could attached the Beavis judgment as I can't seem to find it. Do I also need to attach copies of the other judgments referenced in the WS?  And is there an easy way to find them? Many thank in advance!
    • Hi,  It has been very stressful. I have just received a letter of 'Notice of Transfer of Proceedings' which states the case has been transferred to my local court and to await judge's directions. Is there still a possibility that it will not go to court? The other issue I now have is that I am moving abroad for work in the next few months and now might not actually be able to attend the court hearing!  I am not sure what the best course of action is now. I feel like after all this, the MET are going to win anyway! HELP! 
    • Thanks for jumping in Bazza.  I understand that some people would suggest this.  But no. The moot point is that there should not be any debt.  There shouldn't be any reason for me to be made B.  The lender / receiver are responsible for the property not selling in a timely manner.  Whoever heard of a (well-located nice) property not selling in >5y?    They have no reasons.   Disclosure has subsequently offered staggering evidence which corroborates lender bad behaviour, bribery, and collusion/ interference with the receiver.  I am holding them to account for this.  It is clear they don't want this evidence in the public domain - it will shred their reputation.   (One also has to understand that the ceo - with collusion and conflict of interest (using same lawyers as lender) and receiver - tried to get the property cheap for his own use) They now want to agree a settlement.  I have separately reported a lawyer for negligence to the LO and SRA. I want to report the receiver as soon as I understand how to. I also would like to find some legal means of getting the property sold.
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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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

rrfcfan vs RBOS *** WON ***


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Hi there,

 

I am in process in filling in my N1, but since sending my LBA I have received bank charges since. Can I add these to the amount I already want to claim back? Will I have to amend the list of charges?

 

I live in Easter Ross and so is my branch. Has anyone had a case with Tain Sheriff without a sist, or can I choose Inverness as I believe there has been a number of cases gone through without a sist?

 

Any help will be appreciated .

 

:D:D

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  • 4 months later...

Hi there, I have now received a court reference and a date of a hearing at Tain Sheriff Court. I have just received a letter today from Brodies Solicitors (acting on RBS) saying that they are immediately applying to the court for a sist until resolution of the OFT 'test case'.

 

I have called Tain Sheriff Court this morning and no application for a sist has been made by the Defendant.

 

Is it wise to send a request for the courts to dismiss the sist application beforehand or do I wait for the solicitors to make the first move ?

 

Has anyone had any joy with Tain Sheriff about this matter ?

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  • 3 weeks later...

I have called Tain Sheriff Court today, and they have confirmed that a sist application has been made by the defendant, I am due in court on the 9th October.

 

I have read a post somewhere on this site describing on how to contest the sist. Can anyone please help.

 

I will be forever in your debt.

 

Thanks,

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Hi,

 

There's some good info in this thread............

 

http://www.consumeractiongroup.co.uk/forum/scotland/111089-info-sists-relation-bank.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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  • 2 months later...

Whoo hoo, I have opposed the sist, the bank has to defend in 28 days.

 

The judge asked the banks solicitor where at what stage the OFT case was at, the solicitor couldnt give a definite timetable of the case.

 

When it was my time to speak in the court room , I explained that my overdraft was made up of charges and it is accruing interest every month and also that there is no timetable of the OFT case, and my case would not be heard for months or even years, that it would be an infringement of my human rights.

 

The judge almost immediately requested that the banks to appear in court in 28 days to defend the case. What really surprised me is that there is to be no proof hearing.

 

This has to be good news.

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Well done :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Brilliant news.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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What happens next?

 

Will I receive a copy of the defence before the hearing ?

 

Do I have to submit any further paperwork before the hearing ?

 

The hearing is just under 4 weeks away, does anyone think the banks will be in contact prior the hearing to make an offer?

 

Any help will be greatly received . :)

 

A can now see a small light at the end of this tunnel !

 

Thanks again, keep up with good work Caggers !

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Will I receive a copy of the defence before the hearing ?

 

 

Yes if they wish to defend.

 

Do I have to submit any further paperwork before the hearing ?

 

What paperwork have you so far submitted?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory,

 

Thanks for those answers.

 

The only paperwork I have submitted to the sheriff court is my claim form and summary of charges.

 

Should I need to submit any other documents i.e. Bank Statements, Copy of Banks T & Cs etc. ?

 

Any info will be most welcome.

 

Thanks again. :D

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Should I need to submit any other documents i.e. Bank Statements, Copy of Banks T & Cs etc. ?

 

Yes, you will need all of those.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

I have successfully opposed the sist and my hearing for back charges is on 29th Jan.

RBS have filed a defence, what I find amusing is it states that the bank charges are made for actual loss to the bank. I would like to see this stick up in court. ;)

Is the bank doing one more scare tactic before going to a court room??

I am submitting my copies of my original Bank Statements which contain these charges to the court this week.

One thing I am missing is a copy of the Banks T & Cs. I have looked through the forums and I cannot find a copy anywhere!

Has anyone found copies of RBS T&Cs at all.

Any help will be most appreciated.

Thanks in advance.

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Which year T&Cs are you looking for ?

Is it for a current account,Royalties or what ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Sorry, I should have mentioned that I have an Interest Paying Current Account which was opened in June 2006. Any RBS T&Cs that were current since opening my account and any subsequent since then, I think is required.

 

Thanks in advance.

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"RBS have filed a defence, what I find amusing is it states that the bank charges are made for actual loss to the bank."

 

Your on a home run!

 

Ask them to provide "the actual cost of administering each and every alleged breach as paarticularised by the Claiment".

 

No bank has yet been prepared to answer this question (as we all suspect its around £2.50 a time max!). RBS will not want to be the first ones to "break ranks" in the court so they will fold. Well done & Stand your ground!

'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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Sorry, I should have mentioned that I have an Interest Paying Current Account which was opened in June 2006. Any RBS T&Cs that were current since opening my account and any subsequent since then, I think is required.

 

Thanks in advance.

 

 

Ok will sort it for you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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"RBS have filed a defence, what I find amusing is it states that the bank charges are made for actual loss to the bank."

 

Your on a home run!

 

Ask them to provide "the actual cost of administering each and every alleged breach as paarticularised by the Claiment".

 

No bank has yet been prepared to answer this question (as we all suspect its around £2.50 a time max!). RBS will not want to be the first ones to "break ranks" in the court so they will fold. Well done & Stand your ground!

 

 

Is this Cobbetts ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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They would have had a timescale to do that.

Over a month has passed already.

Well there is only 2 ways to go from here-They will either settle with you at the last minute-or else turn up to defend-I know which I would put my money on.

 

By the way-can you confirm that you got the terms and conditions I sent you ?

You should have had the 2006 ones-and also the 2007/8.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Thanks very much Martin3030!. I have received the T&Cs for 2006 and 07/08.

 

This is a copy of the banks defence.

 

"Admitted that the pursuer has a bank account with the defender with account number xxxxxxxx. Admitted that the Defender deducted from this account in respect of charges as notified (levied as overlimit and late payment fees). The basis upon which the Pursuer has calculted the sum sued for is not known and not admitted. Qouad ultra denied except in so far as coinciding herewith.

Explained and averred that the charges levied against the Pursuer were applied in accordance with the T & Cs of the banking contract between the parties and represent a genuine estimate of the loss suffered by the Defender as a result of the Pursuer's failure to adhere to the terms of the contract."

 

What do you think?????

 

I would really like to ask in the court room (if I get that far!) 'the true costs of administering each and every alleged breach'

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and represent a genuine estimate of the loss suffered by the Defender
Then they must have a breakdown of this estimate (yeah right) which they can show the court.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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represent a genuine estimate of the loss suffered by the Defender as a result of the Pursuer's failure to adhere to the terms of the contract."

 

What do you think?????

 

 

I think that's the best laugh I've had in a while :lol::lol::lol:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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