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    • 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.  

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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.

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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Charged £6600 in two years - can I go to small claims court?


Kevin Davis
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Having recently sent a letter to Nationwide asking for my bank charges to be refunded I was sent a letter back basically saying 'no'.

 

I then asked them to send me copies of my statements since opening the account in 2003. They sent them within a week at no charge.

 

I've now calculated that Nationwide have charged me £6602.14 in just over 2 years! No, I have not added the 8% interest on that yet!

 

Does anyone know if I can still pursue them in the small claims court - limit of £5000 - or what other process is available to me to take these robbing bankers to task?

 

Any help would be gratefully appreciated to try to get back some of this money.

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Are you able to claim for a years charges, say 2003-2004 as one claim, then set up a second claim for 2004-2005?

 

This would surely bring both claims under the £5000 limit?

 

This is just guessing and not backed up by any legal experience. Maybe someone else has other advice?

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Claim back about 4 years so that you have a figure of about £4000. deal with that. Then when it is sorted out, start a seond clim for the first 2 years. Do it in that order so as to attract less attention to what you are doing.

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Well whatever it takes - sever the claim.

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Should I send two letters before action to Nationwide asking them to pay back charges for 2003/04 and another 2004/05?

Or should I send the back one letter with the full amount and then do two different claims if I have to go to court?

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I would split it by date. Complete one claim so that about £3500-£4000 is covered (date closest to today). Go all the way using that until you get your money back.

 

Then make another claim recovering the remainder of the debt. Hopefully, you will not have to go as far (i.e. to court) as the bank is already aware that you are willing to go all the way. You never know ;)

regards,

 

InterSimi

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Seperate by type, not date.

 

If you seperate by date, the bank could argue that you should have combined the claims and are trying to work the system

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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The impression I get is that banks will try every tactic in their book against you.

 

If you try the 'I only used statements available to me' line this may well be a justification to date.

 

But what will you do when then judge says, 'fair point, but there are other monies that bring this over the threshold. This is going to the multi track.' ?

 

I think perhaps you should get some professional legal advice. The multi track is not something you should take lightly.

 

Without sounding too pesemistic. In the multi track you beome liable for the other sides cost if you lose your claim. This could be massive amounts of money. It is for this reason you make sure you know what you are getting into.

 

FP

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Handle the two claims separately, one at a time - each without reference to the other.

Finish one first and then start with the other.

Do not try to run them together. If the bank realises what you are doing they might try to consolidate the claims.

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Easier just to do it in 3 year or something chunks at a time.

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How much could the fees be if you lost on a larger claim, does anyone know yet? And if previous cases are anything to go by, the banks would not want the embarrasment of having ripped someone off with large amounts, they know they should not be doing this and the press would make a meal of it.

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Is a claim for £5000 about £350 to bring? Something like that.

 

believe me it is a good investment.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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