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


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

SR7133 v Clydesdale Bank - Pre-June 2005

SR7133
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6193 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

SR7133

SR7133

Posted
  • Author
Posted

Attended the Preliminary Hearing this morning and the Clydedale Bank was represented. They are lodging a defence within 14 days which I presume will be the same as they have done in other threads. However they introduced another defence motion along the lines that this current claim was identical (other than the dates) to one which had been raised previously. I cannot recall the legal terminology but I should get that with the defence notification.

 

I agreed that everything was the same except for the dates but that this action was raised because the Clydesdale Bank refused initially to provide details of charges prior to June 2005.

 

The defence solicitor was unaware of how the first action had been disposed of so I enlightened the Sheriff that the Bank had paid the charges + interest + court costs.

 

A date for a Full Hearing was set for 16th January 2007 but before I finished I advised the Sheriff that I intended to call a member of the Clydesdale Bank Management as a witness and he had no objections to this.

 

I actually intend to write to Mr Glenn King, General Manager, Operations and to request that he attends on a voluntary basis as a witness, to provide details of the Bank's policiy and procedures on charging customers. If there is an issue with him attending voluntarily then I will cite him officially as a witness.

 

Does anyone see any problems with this course of action?

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

Link to post
Share on other sites
Robertxc

Robertxc

Posted
Posted
Attended the Preliminary Hearing this morning and the Clydedale Bank was represented. They are lodging a defence within 14 days which I presume will be the same as they have done in other threads. However they introduced another defence motion along the lines that this current claim was identical (other than the dates) to one which had been raised previously. I cannot recall the legal terminology but I should get that with the defence notification.

 

I agreed that everything was the same except for the dates but that this action was raised because the Clydesdale Bank refused initially to provide details of charges prior to June 2005.

 

The defence solicitor was unaware of how the first action had been disposed of so I enlightened the Sheriff that the Bank had paid the charges + interest + court costs.

 

A date for a Full Hearing was set for 16th January 2007 but before I finished I advised the Sheriff that I intended to call a member of the Clydesdale Bank Management as a witness and he had no objections to this.

 

I actually intend to write to Mr Glenn King, General Manager, Operations and to request that he attends on a voluntary basis as a witness, to provide details of the Bank's policiy and procedures on charging customers. If there is an issue with him attending voluntarily then I will cite him officially as a witness.

 

Does anyone see any problems with this course of action?

I don't see any problems with it. I also said I was going to call a witness from Clydesdale, and the sheriff said that would be fine, so long as it isn't the Chief Executive.

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.

Link to post
Share on other sites
caro

caro

Posted
Posted

Well done SR. This is excellent. I can't wait to hear Mr Kings response.:D

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.

Link to post
Share on other sites
SR7133

SR7133

Posted
  • Author
Posted

That's the letter off to Mr King , Cydesdale Bank's General Manager, Operations outlining my case and advising him that I intend to use him as a witness in my claim. He can either appear voluntarily or I will have him cited him as a witness. If he cannot make it on the day of the Hearing I have advised him that I will ask for an adjournent to a date when he is able to appear.

 

I await his response!

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

Link to post
Share on other sites
Robertxc

Robertxc

Posted
Posted

Or you could just cite him, and if he fails to appear, ask for an arrest warrant!

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.

Link to post
Share on other sites
  • 2 weeks later...
SR7133

SR7133

Posted
  • Author
Posted

Received a letter offering the full amount of charges but no court costs or expenses & had to respond by 24th November if I wished to accept. I didn't , so I then received their defence - just the usual which has been mentioned here previously - conditions etc etc. Funnily enough no response from Mr King but I have now written to them rejecting their offer and will wait & see what happens.

 

A bit disappointed really as I was looking forward to a better defence and a response from Mr King.

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

Link to post
Share on other sites
  • 5 months later...
caro

caro

Posted
Posted

What happened then SR?

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.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...