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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sheriff puts Bank of Scotland to proof on bank charges


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is it your own case with a result dougal16t or one of the others ???

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For the record I am not aware that any of the site team know any more about the GLC cases, than they have posted on their website.

 

Dougal - I look forward to hearing your news. I believe that you are not located in Scotland, so would I be right in thinking that you are not one of those being represented by GLC?

 

Personally, I'm as frustrated as everyone else at the lack of more news, but I guess there are good reasons for this. I just hope that people have not agreed to confidentiality.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Evening all,

 

You are right, I don't live in Scotland, but I am Scottish by descent.

 

It is my own case which I am referring to.

 

Best wishes all

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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I note the big post 1319 refers to AMENDING current small claims. In my own case I just complained to the Bank and they told me "no dice" - follwoed by FOS who supported the bank - so I was waiting on the SC judgement - so I never raised any case that could now be amended.

 

If the arguments in post 1319 do prove successful are they only relevant to those with a claim already made - or can we make fresh claims on the grounds we would have done so earlier but were misled by the Banks as to our actual legal position?

 

On that point if the banks did mislead us - are they not guilty of fraud or misrepresentation? At a minimum their misleading info caused us to "take a transactional decision we would otherwise not have done - so surely against CPUTR?

 

BD

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For the record I am not aware that any of the site team know any more about the GLC cases, than they have posted on their website.

 

Personally, I'm as frustrated as everyone else at the lack of more news, but I guess there are good reasons for this. I just hope that people have not agreed to confidentiality.

 

 

I totally agree - but as someone said earlier, whilst the actual "cake" might be hidden in a confidentiality agreement, surely the "recipe" can be reproduced? If so then we'll be back to the position where every claim is met "as a goodwill gesture" as it used to be before the OFT stuck its oar in and let the Banks win in the SC on a technicality.

 

Is there any way we could summon any Sheriff who was involved in a case that went confidential as a witness to give evidence as to what he would have ruled had the case progressed to a conclusion and the rug not been pulled from under him? After all, if it was now clear to the Sheriff the banks should lose (and thus the public win) then surely it's in the public interest not to allow them to hide behind any such confidentiality agreements?

 

BD

 

PS - I've just realised - I'm falling back into the trap of trying to apply moral judgements and common sense to THE LAW (sigh!!!).

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Thats dated 2009, there is like to be an update soon.

 

I note the big post 1319 refers to AMENDING current small claims. In my own case I just complained to the Bank and they told me "no dice" - follwoed by FOS who supported the bank - so I was waiting on the SC judgement - so I never raised any case that could now be amended.

 

If the arguments in post 1319 do prove successful are they only relevant to those with a claim already made - or can we make fresh claims on the grounds we would have done so earlier but were misled by the Banks as to our actual legal position?

 

On that point if the banks did mislead us - are they not guilty of fraud or misrepresentation? At a minimum their misleading info caused us to "take a transactional decision we would otherwise not have done - so surely against CPUTR?

 

BD

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At a minimum their misleading info caused us to "take a transactional decision we would otherwise not have done - so surely against CPUTR?

 

BD

 

That may be so, but there's nothing we as LIPs can do about that, CPUTR are a tool for the OFT, not open to us individuals. :(

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1st request to Dougal

some time yet.

 

in #1316 - anything further?

2nd Noomill, I realise your post #1319 is centred on Scotland - I really do- but is anyone able to put an English slant on the matters contained therein?

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Good morning kennyh and all,

 

Nothing to add at present. Case continuing at this moment in time. Apologies for lack of further information, there is a good reason for this - which I hope will become apparent.

 

Thanks to everyone, and best wishes to you all.

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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OK, HSBC using stalling tactics, now that is new (not). Don't let the buggers grind you down

HTH (Hope This Helps) RDM2006

 

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  • 3 weeks later...

just some info in the scots news

 

'....The lawyer said recent years had seen lots of cases where bank customers had disputed charges in the sheriff courts – but that sheriffs often took widely different views on the interpretation of the law.

A spokesman for the Scottish Government said it intended to introduce a class action procedure in Scotland within the life of the current parliament.

“The introduction of a class action procedure is a recommendation of Lord Gill’s Scottish Civil Courts review. The Government agrees with that recommendation and will introduce legislation in the lifetime of the current Parliament to allow that to happen.” '

 

http://www.scotsman.com/business/personal-finance/calls-for-individuals-to-band-together-to-take-on-big-firms-1-2291333

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So - a 'class action procedure' does exist in England; anyone - is it appropriate to our requirements?

..

 

the oft tried it on behalf, and lost to a certain extent but not completely due to the mandate! but, maybe different in scotland?

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just some info in the scots news

 

'....The lawyer said recent years had seen lots of cases where bank customers had disputed charges in the sheriff courts – but that sheriffs often took widely different views on the interpretation of the law.

A spokesman for the Scottish Government said it intended to introduce a class action procedure in Scotland within the life of the current parliament.

“The introduction of a class action procedure is a recommendation of Lord Gill’s Scottish Civil Courts review. The Government agrees with that recommendation and will introduce legislation in the lifetime of the current Parliament to allow that to happen.” '

 

http://www.scotsman.com/business/personal-finance/calls-for-individuals-to-band-together-to-take-on-big-firms-1-2291333

 

I fear we might be heading to another OFT SLC debacle if this sees the light of day! I would prefer to put my faith in Mike Dailly and GLC on this.

 

I have been following this - and many other now lapsed thresads for a very long time - I think the Banks want to use our mortality to keep this saga going until we are all dead! However I have very determined sons and now a grandson who will keep my fight alive on this issue!

 

One thing I remember from earlier threads is that the Banks used to claim that the £39 (or whatever) charge was simply "to cover our costs".

 

Surely the whole issue would just go away if the banks simply produced their evidence to back up these claims? Surely the banks wouldn't have been lying - and therefore can actually substantiate these claims?

 

BD

 

PS For some reason I can't get a sarcastic smilie - or any smilie to come up here - but for the avoidance of doubt I was being sarcastic and DID NOT MEAN the above!!!!

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PS For some reason I can't get a sarcastic smilie - or any smilie to come up here - but for the avoidance of doubt I was being sarcastic and DID NOT MEAN the above!!!!

 

Spoil my fun, already?! :lol:

 

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So - a 'class action procedure' does exist in England; anyone - is it appropriate to our requirements?

And Dougle - any news yet? Pleeeeese!!

 

 

Morning all,

Just a very limited update I am afraid, for reasons which will become apparent. The latest is that matters are proceeding.

 

As soon as I am able to release any further information I will do so, the reason for this reticence is that this is for everyone's benefit, and I have no wish to make a dog's oojit of it all now!

 

I thank everyone on CAG and those OTR who have all provided valuable input.........

 

Best wishes to all,

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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strange there is nothing from mike daily tho - the hearing was weeks ago?????

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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oh I am waiting lol

HTH (Hope This Helps) RDM2006

 

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Patience is a virtue

 

 

Give it to me NOW LOL

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Why not show your gratitude And

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