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    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
    • Received a call and follow on confirmation email from the police about my cabinets! They wanted to confirm that I was prepared to support police action for the matter and that I would be happy to provide a statement and attend court at a later date!!! I think that something might actually get done - it won't get my cabinets back I know that but hopefully it will put a stop to this so called courier doing this to people!
    • Around a month ago I had to send a sympathy card to a friend in GB. Logistically it made sense to buy a personalised one on eBay and get it sent straight to my mate, rather than faffing around getting it sent to me.  This mighty purchase set me back all of £3.05 (including postage costs). I was taken aback that, when it was sent, I got a tracking number.  For a flippin' three-quid card!  I had no idea that technology had moved on so much and that tracking was so easy.  The shop has feedback for 16,300 purchases so tracking must be easy & automatic. It's unlikely your case will get to court, but in cases that do this got me thinking that we need to aggressively challenge the PPCs where they have lied about the timescales of sending their rubbish and have no proof at all of posting - when it would be so easy to provide it.
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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.

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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.
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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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Suzy Q vs Abbey Prelim req sent - I'm nervous as hell!


Suzy Q
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Hi there

 

Been given this forum address by a friend and just wanted to say hello and that I have decided to take the bull by the horns and try to claim back the excess charges applied by Abbey after a really rough patch when my partner's business had problems. They kept banging charges on our accounts with no letters warning us until one month it was over £400! And of course when that was collected the next month that knocked us even more out of our overdraft so that another £200 charges stacked up.. and so on.... That's the worst its been but I am hoping that once this is finished the refunded money will pay for my fiance's 40th birthday present - a weekend in Las Vegas! Wish me luck!

 

The DPA request is in the post recorded delivery tomorrow! Watch this space.....

Abbey National - Prelim request 15th August 2006 £1275.50 offer of £299 - declined

Nat West- Prelim request 15th August 2006 £235.00 refused refund

MBNA - Prelim request 15th August 2006 £704.00 offer of £300 - declined

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Hi Suzy - welcome to the forums

 

You'll soon be going through those statements (if that is what they choose to supply) with a highlighter and picking out charges with a smile on your face.

 

In the mean time, please continue to read the FAQs and case guidance notes etc for as long as you can spare. It will pay dividends in the long run.

 

Best of luck

John

  • Confused 1

..

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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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  • 3 months later...

Prelim request sent today for £1,275.

 

I know I'm in for a rough ride but this is my Las Vegas fund for my other half's 40th birthday so it must be done! :)

Abbey National - Prelim request 15th August 2006 £1275.50 offer of £299 - declined

Nat West- Prelim request 15th August 2006 £235.00 refused refund

MBNA - Prelim request 15th August 2006 £704.00 offer of £300 - declined

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LOL Suzy, dont be nervous, (I was almost throwing up as I pressed my money claim button ROFL) you are only getting back what they have illegally and immorally taken, so good luck and WOW las Vegas, my OH is getting 30g mp3 and a home made birthday cake for his 40th LOL

 

All the FAQ's, templates and links to money claimonline are on my signature

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lulu! I'll bear that in mind. Gulp!

 

Best of luck with yours!

Abbey National - Prelim request 15th August 2006 £1275.50 offer of £299 - declined

Nat West- Prelim request 15th August 2006 £235.00 refused refund

MBNA - Prelim request 15th August 2006 £704.00 offer of £300 - declined

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What a EDITEDSorry for the typo - that is me rushing around as usual!

Abbey National - Prelim request 15th August 2006 £1275.50 offer of £299 - declined

Nat West- Prelim request 15th August 2006 £235.00 refused refund

MBNA - Prelim request 15th August 2006 £704.00 offer of £300 - declined

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dont worry, the cat thought it was funny, she usually spends her time on my lap or keyboard looking at the screen anyway LOL poor old thing she is 18 now and sleeps for 23 hours a day and spends the other hour eating, crapping and sitting with me :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I hope sitting with you and crapping are separate activities! :D

Abbey National - Prelim request 15th August 2006 £1275.50 offer of £299 - declined

Nat West- Prelim request 15th August 2006 £235.00 refused refund

MBNA - Prelim request 15th August 2006 £704.00 offer of £300 - declined

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LOL the poor old thing is a bit unsteady on the old back legs now, but the accidents dont actually happen on me :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I have seen a few threads here where people have had their bank accounts closed after claiming back unfair bank charges. Is this common practice as I am concerned that I will not be able to get another account owing to my credit record?

Abbey National - Prelim request 15th August 2006 £1275.50 offer of £299 - declined

Nat West- Prelim request 15th August 2006 £235.00 refused refund

MBNA - Prelim request 15th August 2006 £704.00 offer of £300 - declined

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  • 12 years later...

This topic was closed on 09 March 2019.

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

Abbey National - Prelim request 15th August 2006 £1275.50 offer of £299 - declined

Nat West- Prelim request 15th August 2006 £235.00 refused refund

MBNA - Prelim request 15th August 2006 £704.00 offer of £300 - declined

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