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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.
    • The payer is not responsible for registering and making sure that VAT is charged correctly.
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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
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charges on un paid dd charges ????


lesley1978
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hiya,

on the 27 th and 28 th of march i had two direct debits that were returned subsequently i was charged for these (£60 in total for both ) which was taken on the 19 th of may which although i wasnt happy about it i accepted it ....once they had taken it this resulted in me being overdrawn by £50.....which was shown on my mays statement no letter of charges etc .....today in the post i had junes statement dated the 21 st june (obviously they used pidgeon post )...which still was showing me as overdrawn by £19 from the previous statement( nothing more had come out in between these dates )along with was an unautherised overdraft fee dated the 31 st of may the ammount was £20.08 including interest....(on the 31st of may there was £31.35 credit in my account which had been in there for the 3 days previous)......I was obviously somewhat confused and annoyed so rang them up to see what these were actually for!! the lady i origionally spoke to didnt have the foggiest what these were for and couldnt sort it out without talking to the manager , she did and the manager phoned me back ....she told me she couldnt take the charges off as it was my fault I had not kept the money in for there charges ( needless to say they didnt return there charges unpaid) i argued that surely they couldnt charge me on charges taken to which they basically said they could !!! I thought this was an illegal practice though Im not certain ...any advice and directions to letters to send this would be greatly appreciated the only money I get put in this account are state benefits paid for caring for a disabled child and feel they are being unfair as they are aware if this fact....many thanks simon

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Hi, Simon.

 

They cannot take charges from Benifits, send them this......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html

 

Start the process and claim these charges back.

 

Here's the step-by-step.........

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Regards.

 

Scott.

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Tha acts to which you refer make it illegal for a Bank to take a charge OVER SSC Payments. (Primarily aimed at unscrupulous money lenders who would take away payment books and not give them back until they were paid). They are not aimed at Bank Charges which are taken from an account. It is unfortunate that the word charges are used in two different ways which has caused this confusion but the acts will not assist.

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Nationwide often does this, I cannot fathom how customer who doesn't have an overdraft suddenly does when charges are applied.

 

Essentially any charge is debited 28 days after your next statement which means the event which gave rise to the charge could be six weeks to two months ago. This is confusing if you're not used to it and thogh it is preferable to levying the charge straight away it leads to many people getting charge upon charge.

 

Tell me more about your circumstances, as Nwide HAS TO look at hardship cases. From my limited expereinece its only seen as hardship if you do the type of budget planner that debt advice charities use.

 

BTW I currently work for Nwide, although I've secured alternative employment to begin shortly because of this sort of thing.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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hi ,

my circumstances are that i recieve benefit for my disabled son for whom i am the main carer ..... i have told them countless times that i am on benefit although i only been charged 3 times and that is because of an error caused by benefits who are in the process of deciding wether or not to refund me .....I just about manage with my income as do most people on low income ....its just £20 is only £10 less than i actually recieve ....simon

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Therefore it seems you would be a hardship case, they HAVE to look at it. The charges have tipped you over the edge with the tight balancing act most of us carry out every month.

 

Unfortunately the call centre and in particular collections is staffed by morons.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Hi Lesley,

 

If you only been charges a small number of chgs, why not go into your branch and talk to a senior staff member aksing them to refund.

 

Otherwise make a complaint about the charges to the FOS setting out how the charges are causing you hardship when you are already struggling.

See here for how to complain -http://www.financial-ombudsman.org.uk/faq/complaint-form.htm

Edited by slick132
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hi,

I did speak to the manageress when I called to ask why I had been charged , the thing I struggle to understand is they charged me for being overdrawn on the 31 st but my statement clearly shows i was in credit .....and the manageress was completely un helpful and wouldnt even give me the address to head office to complain and insisted I write to her to complain ....I was overdrawn last year and they didnt charge me interest on there charges then?.....so does this mean they can choose some random date and charge me??.....i also feel it is somewhat of a coincidence that the week before they refunded me a charge of £30 (which was charged for about 30p this was becuase I was still struggling with the £60 charge for the previous month )and then asked for £20 back for interest on previous charges ....I am going to swap banks because I have had about enough to be honest......simon

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Hi Lesley (Simon),

 

What an unhelpful manager!

 

I would consider making a brief summary of the facts and send a formal complaint to the FOS on the basis of Hardship.

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 !:-)

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  • 2 weeks later...

Although it sounds like her manner was terrible the manager is giving the correct info re complaints, they are routed from the branch to the relevent area of the business. I know you are thinking they won't pass it on but really if they don't they're making a rod for thier own back if you continue to persue the matter.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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sent them the right of appropriation letter as suggested but today they took the charges any way ...was wondering what to do next I will be trying to claim any charges back ...... but was wondering how to approach them taking my money dispite being sent the right of appropriation letter many thanks

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You should report them to the FOS. Here is the link.

 

Financial Ombudsman Service

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Go to our Cag Toolbar Download page here

 

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