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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Santander succeed in having charges case removed from small claims track ***WON***


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A question I tried posing to Bankfodder but his in-box was, as usual, full.

Having had a quick 'shufty' at bcob I couldn't find anything on retrospection.

I shall work on the basis that if a situation was wrong ,however many years ago, then it's wrong now. That being the case the SOL shouldn't enter play.

PLEASE anyone who KNOWS otherwise - mods(?), Banky - please let us know.

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I think it depends on the arguments GLC has used how far back we can claim. I tend to agree with Kenny, that if charges are wrong now, they were wrong way back when, but then of course the banks all changed the way they charged in the light of all the claims in 2006/7 and the OFT's case against the bank - not that they thought they were doing anything wrong of course. :roll:

 

It's a shame Santander didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

 

I'm sure we'll hear more in the coming weeks and months about this which will make things clearer.

 

The main thing is that at last we have positive news about reclaiming bank charges.

 

Congratulations and well done to Mike Dailly and the team at GLC, and of course to allix (Walls) for having the courage and conviction to take on Santander.

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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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None of the cases - Reid, Walls or Sharp - are particularly recent cases (Sharp probably first went into court about 18 months ago). Being Scottish cases it may be that they cant be claimed back further than five years, but this would be since the the case first went into court - for instance if I am right about Sharp then it would be five years back from end of 2011 - so 2006 at least i would have thought. But we just dont know - best to wait for events on Monday 2nd.

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How far back would you be able to go using BCOBS?

 

It is my understanding that BCOBS covers anything from 2009

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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

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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

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This case dates back to around 2010, and the claimant at that time was claiming back six years, which is well before the BCOBs were introduced,

 

 

 

Santander was being sued for £3000 by NHS worker Allison Walls for what

she believes were six years’ worth of unwarranted overdraft charges

 

 

http://www.heraldscotland.com/news/home-news/customers-hit-by-death-blow-in-bid-to-sue-banks-1.1041325

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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  • 3 weeks later...

Caro said

It's a shame Santanderlink3.gif didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

 

Any case details yet available??

And CitizenB reckons

It is my understanding that BCOBSlink3.gif covers anything from 2009

 

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Finally- anything on jdes post above?

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Caro said

Any case details yet available??

And CitizenB reckons

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Finally- anything on jdes post above?

 

 

Please have a read of the BCOBs articles in my signature - they are highlighted in green :)

 

These will give you all the information regarding BCOBs

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

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Just to refresh my earlier enquiries (and very many thanks , CB, for your input;

Caro said

It's a shame Santanderlink3.gif didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

Still no details??

I also asked

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Probably an idiot question but, then again, an idiot is asking.

Finally jdes asked

What's happening ?????

Regarding debate

 

Anything folks - afraid my crystal balls are somewhat cloudy these days

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Just to refresh my earlier enquiries (and very many thanks , CB, for your input;

Caro said

Still no details?? Sadly no.

I also asked Probably an idiot question but, then again, an idiot is asking. I assume that this is reference to when the BCOBS were introduced, but as we don't know the POC for this case, I think this is supposition.

Finally jdes asked

Anything folks - afraid my crystal balls are somewhat cloudy these days

 

As far as I know we're still hoping for news from GLC so I guess you need to polish your crystal balls for now. :razz:

I do hope that this case wasn't settled with a confidentiality clause...

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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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Caro,

Many thanks for persevering with an old twonk like me.

Finally, my other question about pre-2009 was to do with BCOBs introduction. There are no poc as yet but if I felt BCOBs produces an avenue for approach then I'll do my best to exploit it; I just haven't stumbled across any info on retrospection as yet.

Ken

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I think this is a subject close to both of our hearts kenny. No-one will ever convince me that the treatment so many of us have had from the banks could possibly be right. We just have to find the right way to deal with it, and I happen to think that GLC is one of our best hopes to do this.

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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:rofl: :rofl:
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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All we have to go on is what it says on GLCs website kenny. http://govanlc.blogspot.co.uk/2012/03/unfair-bank-charges-update-from-glc.html#comment-form

 

If any more information is available I certainly haven't seen it.

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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