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    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
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ALumb05 vs HBOS (round 2)


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Hi

 

I am guessing this is a standard letter (attached) but could somebody let me know what i should do next as i'm a little confused as to wether i should continue as i have done in my previous cases. I'm not sure if the recent court decisions have made any difference to the procedures for claiming back charges. Here is the letter i recieved after i had sent my 'Preliminary approach for Repayment' letter.

 

HalifaxResponse1-Page1-edited.jpg

HalifaxResponse1-Page2.jpg

 

Thanks in advance

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Thanks

 

I'll send the Letter before action...

 

 

[your address]

 

 

 

[their address]

 

 

[date]

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

You have failed to respond to my letter of the [XXXXXXX - date of preliminary letter] and its enclosed schedule.

 

I enclose a further copy of that letter and a further copy of a schedule of the money which you owe me.

 

If you do not return my money to me within 14 days [and make the personal data amendments which I require] I shall issue proceedings in the County Court and without any further notice to you.

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

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I'm not sure why, but i thought i read it on one of the templates for the 'Preliminary approach for repayment' that i should not include my claim for overdraft interest. I'm sure i read i should just include this in the 'Letter before action'. I'm probably wrong though! Is it too late now to include it as i didn't add it to my previous letter? (it's only £35)

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  • 1 month later...

Hi

 

I have now recieved a letter from them in response to my letter telling them that the next stage is court. I'm guessing it is just a standard letter but i want to confirm that my next course of action should be to file with HMCS Money Claim Online. Here is the letter.....

 

------------------------------------------------------

 

Thankyou for your letter dated 16th July 2009.

 

As Advised in our letter dated 15th June 2009 we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with unarranged overdraft bank fees complaints.

 

Until the banks legal proceedings with the Office of Fair Trading (OFT) are concluded we will not issue or respond to any further communications recieved from you on this matter.

 

You have requested a copy of the terms and conditions which can be obtained from your local branch.

 

We can assure you that your complaint has been registered and will be resolved as quickly as possible once the banks legal proceedings with the OFT are concluded.

 

We will keep you updated approriately about the proceedings with the OFT and you can also check the latest position on our website.

 

Your Sincerely.......

 

-----------------------------------------------

 

Thanks in advance

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Hi

 

Pleeeeeeeeease could someone who knows more than me about these procedures have a look at the letter i was sent from HBOS (a couple of posts ago, not the scanned doc) and let me know if i should now continue as normal and file with HMCS Money Claim Online or let me know if i need to hold off because what they say is true.

 

Many thanks

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Hi,

 

Yes, thats a standard reply, file your claim, I think it's better if you file at your local County Court.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Good stuff, let us know how you get on.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Hi

 

I am confused filling in the N1 Form. In my Letter before action (see below) i requested £329 plus £35.20 in overdraft interest. This was the amount of interest as of 13/07/09.

 

----------------------------------

13/07/09

I calculate that you have taken £329 plus £35.20 which you have charged me in overdraft interest for the sum which you have taken. Total £364.20. I am enclosing a copy of the schedule of the charges which I am claiming.

----------------------------------

 

In the template for the N1 Form it asks for a figure for 'Associated overdraft interest charges' and also 'Interest under s.69 County Courts Act 1984'. Which one of these is the £35.20? I presume it is the 'Associated overdraft interest charges' and the 'Interest under s.69 County Courts Act 1984' is for any interest i am entitled to from 13/07/09 to the day i lodge my claim??

 

----------------------------

Charges £xxx.xx

Associated overdraft interest charges £xxx.xx

Restituionary damages, or-

 

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

----------------------------

 

 

Also, what will the court fee be?

 

Any help is much appreciated

 

Thanks

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