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    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
    • I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
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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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what's going on? Case going to a higher court.


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Hello everybody, this is my first post, although I've been following this website for a while. I read in yesterday's Daily Mail that county courts in Gloucestershire and Uxbridge are throwing out summons for bank charges because someone is taking a bank to a higher court which could set a precedent. Apparently cases will be stayed until a ruling is made which banks and consumers will have to follow. After sending the NatWest Bank the Data Protection Act letter, a request for return of bank charges and an LBA, I took a claim to my local court today. Yesterday I received a letter from the Royal Bank of Scotland group saying that they disagreed with my request for return of charges, but as a gesture of goodwill, they were prepared to make a payment of £800, provided that I went to my local branch for a financial review. I suspect that this would mean trying to persuade me to convert the overdraft to a loan. They've tried this before.They did'nt seem to understand that a loan was to their advantage, not mine. Anyway, I'm claiming £2,490 charges and £542 interest. Does anyone know what is likely to happen whilst this other case goes to a higher court? Does this put the Banks in a more powerful position to try to dissuade us from pursuing them for charges? If anybody could clarify this for me, I'd be very grateful. Iwas considering writing back to the bank refusing their partial refund, but is there any point? thanks, Karen.

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Hello Karen.

 

The articles of which you speak are of cases blown out of all proportion, and I understand that these cases have both been settled.

 

Don't be put off continuing with your claim, if you pursue it to the end you will get all of it back!

 

Is your total amount claimed for enough to clear your OD completley? This would be the best solution of all!

 

Crusher :D

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Just stick with it Karen and you'll soon see a FULL refund

..

.

 

Opinions given herein are made informally by myself 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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  • 4 weeks later...

OK,I have started court proceedings, and the Natwest have acknowledged. Still moving forward. However, I ought to get another current account set up in case they threaten to close existing account. Our credit ratig is poor, and we were turned down by the Halifax on that basis. Can anyone suggest where I can read up on setting up an account when you have a poor credit rating, please? We won't require a chequebook or overdraft, but a debit card would be needed. Any suggestions, anyone? Thanks very much, Karen.

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  • 2 months later...

Hello karen. I am now going through the same process as you. I sent the lba 20 days ago and have now issued court proceedings today. Recieved a letter today from natwest declining to refund all charges and have doubled there offer to 825. An insult as they owe me 2500. They will now get the court summons.

In answer to your question my credit rating is bad and I could only get a cash account at lloyds tsb which will allow you to pay money in and take it out. It is a very basic account but does the job.

 

Good luck

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karen I have just posted a note with regards my claim against the Abbey here in Swindon. Nad at the moment the courts are staying the proceedings untill 1st March 07, as there apparently is going to be a test case in the near future. Not sure what happens next but looks like the law is getting a bit fed up with all these cases against the banks and things may soon be moving on. In our favour we hope.

 

best of luck from Shaun

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