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


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      By jk2054 · Posted

      Ok so they have given you the contract of you and packlink. your enforcing the rights of the contract between evri and packlink.... so I don't really think this contract makes a smudge of difference. unless ive missed something @BankFodder   Also on the bit that says "Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink,"   such agreement hasnt been provided so can't be considered. judges arent goign to consider a term that the defendant has just said exists. thats not how it works.    
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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.

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

Bless Abbey and all who sail in her!!!

vixtrix

By vixtrix
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vixtrix

vixtrix

Posted
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Obviously the subject title is sarcasm!!

 

I have had enough of Abbey National and I posted my letter (taken from the Library) yesterday to great relief!! I have requested the full refund of £1400.00 and now wait with bated breath!!

 

I realise that the loyal workers at Abbey are only doing there job but they must need a good large mug of Horlicks to be able to sleep at night!! I was charged £50 (£30 to allow a DD through and £20 because of going overdrawn) because a Direct Debit for £30 took me £3 overdrawn. When I asked for a refund they maintained their dignified outlook astride their high horse and refused!!

 

I then got to looking at all the charges that I have paid over the last 5 years and was shocked at how many times I paid out in the region of £40 - £50 for a mistake of £2 or £3!! There was also a clear snowball effect happening as they withdrew their charges and bounced yet another Direct Debit!! It was disghusting and I decided to take the plunge and take action.

 

Now I realise to go to the Small Claims Court will cost me but is there any chance I would have to pay anything to Abbey if I lose?? And does anyone know approx how much it 's going to cost to reclaim £1400??

 

They are insisting that they will withdraw the charges of £65 on 24th March so I said I would close the account. They said they wouldn't allow me to close it so I have moved every single transaction in and out (DD, SO etc) to another account elsewhere and left it with 63p in credit. I have a £100 overdraft which they can then use to take their charges and then I shall let them sue me for THEIR money!! Luckily, it is in my maiden name so although I know I will proabably get a CC against my name it shouldn't effect me too much. And obviously if I manage to win my case they will have to pay it back themselves!!

 

So any advice anyone?? :? :? :? :?

Work is the curse of the drinking classes!!

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BankFodder

BankFodder

Posted
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Sounds as if you are doing good.

However when Abbey realise that you have moved your money out they may move to close your OD and deafult you. be prepared to react swiftly if this happens.

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monkey_uk

monkey_uk

Posted
Posted

Sounds as if you are doing good.

 

When did you become American?

 

The same time that Abbey's call centre staff became Indian....?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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vixtrix

vixtrix

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Sounds as if you are doing good.

However when Abbey realise that you have moved your money out they may move to close your OD and deafult you. be prepared to react swiftly if this happens.

 

Do you mean if they do that I should pay the £65 charges? They would have to give me warning of closing an OD wouldn't they?? :? :?

Work is the curse of the drinking classes!!

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richardc

richardc

Posted
Posted
Sounds as if you are doing good.

However when Abbey realise that you have moved your money out they may move to close your OD and deafult you. be prepared to react swiftly if this happens.

 

Do you mean if they do that I should pay the £65 charges? They would have to give me warning of closing an OD wouldn't they?? :? :?

 

They would give you notice, yes.

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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BankFodder

BankFodder

Posted
Posted

I mean that if they gave you notice of closing your OD you should be prepared very quickly to issue a claim.

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Mel84

Mel84

Posted
Posted

I dont know Where to send the DPA disclosure request, should i send it to my local branch or is there a HO for this type of thing??? :?

I did see the Milton Keynes Address! But i didn't know whether thats just for milton keynes or the whole of England????

Can anyone help me out? :roll:

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trundlecat

trundlecat

Posted
Posted

Mel, send it to thier HO:

 

Abbey National PLC

Abbey National House

2 Triton Square

Regent’s Place

London

NW1 3AN

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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vixtrix

vixtrix

Posted
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I sent my letter demanding that they repay my charges to the Abbey address on my statement - should I have sent it somewhere else then?

Work is the curse of the drinking classes!!

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Robertxc

Robertxc

Posted
Posted

Just don't forget to make sure they clean up your credit rating when the time comes for them to settle...

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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BankFodder

BankFodder

Posted
Posted
Just don't forget to make sure they clean up your credit rating when the time comes for them to settle...

I'm afraid that I am now convniced that the only way to achieve this will be to include it in your court claim. However, this is not difficult to do. It will ramp up the game about 10 notches, though.

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Robertxc

Robertxc

Posted
Posted

Very true Bankfodder, but on the other hand, it's no skin off their nose. After all, it's not like you're going to be doing business with them again, and they can alter your credit file at will, so it's not hard for them to do.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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BankFodder

BankFodder

Posted
Posted

They would rather catch plague than remove the default. If they do that they put themselves and the CRA at risk of a defamation action and the beginning of many.

believe me, the money is nothing. They really don't care about retruning 3000 or 4000 quid -except some little clerk takes it a bit personally. But as an institution, the rmoval of the default notice would be an ultimate defeat. - And yet I feel that it wouldn't be difficult to achieve - and it is an iniquitous system and it needs wrecking.

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Robertxc

Robertxc

Posted
Posted

Well, watch this space. I hope in the next week or two to be able to add an entry to the litigation forum which includes the forced removal of a Default by a bank. :twisted:

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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BankFodder

BankFodder

Posted
Posted

Excellent. Can you post it here - or if you can't can you pm it and let us in a bit on the secret? We'd love to know what you are planning

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vixtrix

vixtrix

Posted
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Does a CCJ last for the rest of your life and does it belong to one specific name or a house i.e. will it be against my maiden name or the property I live in (used to be called black listed??). Beginning to get a bit of cold feet about it now that my anger has subsided. I can see me losing AND ending up with 0 credit rating!! :Cry::Cry:

Work is the curse of the drinking classes!!

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vixtrix

vixtrix

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I have received a letter from Abbey this morning saying the standard 'very sorry you are unhappy' blah blah. They have said that they will investigate the matter but to ensure a thorough investigation it will take up to four weeks.

 

Is this ok - I demanded they pay it back in 14 days, should I do anything or just let them have their four weeks???

Work is the curse of the drinking classes!!

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vixtrix

vixtrix

Posted
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I've had the standard 'bog off' letter - basically blaming me for not being rich enough!! They claim to have refunded charges in the past - WILL THAT AFFECT MY CLAIM AT ALL???

 

I shall be going ahead with the claim via small claims court this afternoon - quite excited actually!! Is there anything else I should be aware of??

Work is the curse of the drinking classes!!

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nickmack

nickmack

Posted
Posted
I've had the standard 'bog off' letter - basically blaming me for not being rich enough!! They claim to have refunded charges in the past - WILL THAT AFFECT MY CLAIM AT ALL???

 

Obviously you shouldn't claim for charges you've had refunded already. It won't have any other effect though.

 

I shall be going ahead with the claim via small claims court this afternoon - quite excited actually!! Is there anything else I should be aware of??

 

Read the FAQ and other posts for your institution to see what others have done at the claim stage. Any specific questions that haven't been answered can be asked.

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vixtrix

vixtrix

Posted
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I'm probably being really thick but I can't seem to get the Excel sheet to calculate the right interest. I have downloaded into onto an apple mac - is there any reason why this should make a difference? I'm entering the charge but it's only calculating the interest on the previous days set (i.e. since 2004 when I am entering charges from 2001). Help - need to get the interest right before I can proceed with my claim!

Work is the curse of the drinking classes!!

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heppy23

heppy23

Posted
Posted

It might be an apple thing. Maybe whoever wrote it (great job BTW, can't wait to fill mine up) can clarify?

Abbey (Charges on 3 accounts and default on my credit record) - DPA letter sent 30/03/06 - 40 days limit is 9th May - Recieved DPA printouts 05/04/06 with microfiche "fob off" letter. <p>Barclaycard (Charges on 1 account and default on my credit record) - DPA letter sent 03/04/06 - 40 days limit is 13th May - Recieved some statements 08/04/06 along with DPA printout and a microfiche "fob off" letter. Claim for £340 sent 11/04/06

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  • 12 years later...
vixtrix

vixtrix

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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

Work is the curse of the drinking classes!!

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