Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • jk2054
      Evri lost 2 parcels approx. £600 (part 2)

      By jk2054 · Posted

      Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

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

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

MBNA/Restons claimform - old A+L Card **WON+COSTS**

fairbyblue

By fairbyblue
in MBNA

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5261 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

tiokim

tiokim

Posted
Posted

I think you should not hold to much on the point that the account has changed numbers. It may be totally legal, if the contract allows them. Your best defence is to insist that the account or contract was terminated before the second DN was issued so is not valid. You can use that last Restons leter to prove what it says about DN: Your account was terminated because you failed to comply with DN. That was true with the first one the same way.

Link to post
Share on other sites
  • Replies 1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Out4Revenge

Out4Revenge

Posted
Posted

Just wishing you good luck for today, not that I think you'll need it, the timing of the DN's and the acc No change seems to prove the 1st acc was closed so they opened 2nd acc to re-issue a valid DN, sry if this has been covered.

GOOD LUCK

Jimi

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

Good luck for today FB. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
bazaar

bazaar

Posted
Posted

Even if the second DN came before termination, which account was terminated?? did you sign up for the second account. We need to know which account they terminated, was it the first one with the faulty DN that they clearly admit? Did they terminate the second account which you'd need proof of signature.

Link to post
Share on other sites
robcag

robcag

Posted
Posted (edited)

Hi fb

 

I wholeheartedly agree with everyone above who has said the main point of your argument revolves around the first DN and its resulting termination.

 

I know you can see the logic of that, but try and make sure you've got your head around all the arguments/explanations/points put forward by surfaceagentx20 and several others.

 

The more you can fire back to the Judge against Restons pathetic pleading that it is OK to issue a second CORRECTED DN in a reasoned way, the better!

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister ;), just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

Edited by robcag
punctuation
Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister ;), just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

 

But you can accidentally on purpose run over him with your wheelbarrow on the way out :p

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
MARTIN3030

MARTIN3030

Posted
Posted

Looks like its this morning.

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.

 

 

Link to post
Share on other sites
fairbyblue

fairbyblue

Posted
  • Author
Posted (edited)

I'm back !!!!!. Well what a bit of a farce. Get there in plenty of time as the hearing is 10.40am at 10.30am this chinless wonder Mr XXX appeared on behalf of Restons he intoriduced himself to me and said he was applying for an adjournment as there is 'insufficent time' for the case to be heard as i had submitted a detailed statement. I told him that i objected mostly strongly to this. so he went away to read his "Law for Dummies" book.

 

We go in at 1045hrs and Mr Tarquin-farquar-farquar-winchester-xxxx for the claimant pipes up and says because i submitted a 6 page statement they cant deal with it today as 20 minutes is not long enough. I said i submitted it 'as was their application for summary judgement"

The judge agreed. So i thought 'Boll0cks to this' so i piped up " I have fully complied to the request to submit my statement to them 7 days prior and i am ready to go, in fact they have indicated to the court that I have no defence and they cannot see how I can go to trial in attempt to mislead me and or the court.

Judge says she has read the my statement and its are comprehensive but she agreed 20 minutes was not long enough. So Mr chinless -wonder -xxxx then asked for adjournemnt and for 1 hour of alloted time, she asked him if that would be enough would 2 hours be better? He said 1 hour would be enough. I then chipped in " if they had of waited for the allocation questionnaire without ploughing on for summary judgement they would of seen I had asked for 3 hours.

 

She adjourned to next available date !!!!!!

 

I then pointed out that i had recieved email from Restons yesterday that if i did not agree to adjournemnt because of insuffienct time they would be seeking costs. The judge was put out by that and said "Its not up to them to decide that is my decision"

 

So there we have it none of my points were tested. My powder is dry and in fact i will collect a bit more ammo before the next date.

 

Next question, can they now submit a further statement or do they have to rely on the one with all the hearsay in from Powell from MBNA that i recieved from them yesterday.;)

Edited by fairbyblue
Link to post
Share on other sites
Viscount Stair

Viscount Stair

Posted
Posted

I didn't think it would get dealt with today - although I guess I hoped you might get a little further with the argument that it was completely unsuitable for sj in the first place.

 

I think there is probably the opportunity in practice (if not in procedural theory) for both of you to serve further statements and, in particular, a little reply dealing with the points made in yesterday's statement would not go amiss at all.

Link to post
Share on other sites
creditcardmug

creditcardmug

Posted
Posted
The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Good for you, you will be an even more formidable adversary from here on...well done

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted
The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Well done FB. I guess it was inevitable that it would be adjourned. But as you say, you have gained confidence because of it. Also, Restons will now realise you are on the ball. :D

 

I would think that if they change their original defence then you will be able to respond.

 

All you have to do now is make sure all your arguments are watertight, so in effect this has given you a bit more time to counter anything they chuck at you.

 

I am pleased that the costs issue was squashed by the DJ:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
fairbyblue

fairbyblue

Posted
  • Author
Posted

I am pleased that the costs issue was squashed by the DJ:D

 

Well up to now its cost them a barrister to something i could of agreed to, without the need for him to attend. So s0d 'em. The judge adjourned to next available date so not the next date after 28 what they wanted.

Link to post
Share on other sites
robcag

robcag

Posted
Posted

Well done fb

 

At least you stuck up for yourself and didn't just sit back and listen to the small talk between the Judge and the barrister ;)

 

IMHO, as this was an unwarranted SJ hearing called by Restons, which they then changed their minds about because they realised it wasn't going to be the walkover they foolishly hoped it would, then to my mind you had an unnecessary trip to court and they should have had to pay your costs for today.

 

A shame really, at least my Judge realised that and awarded me costs for the day without even asking.

 

Cheers

Rob

Link to post
Share on other sites
decker

decker

Posted
Posted

Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

Link to post
Share on other sites
humbleman

humbleman

Posted
Posted
Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

Really, would love his contact details

Link to post
Share on other sites
fairbyblue

fairbyblue

Posted
  • Author
Posted
Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

And whats one of them?

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...