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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
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      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.
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Skeetoids V's RBS - Going to court


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Hi Folks :D ,

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :mad::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

So, it seems that RBS (now known as edit B******S of Scotland) are attempting to defend my claim:-x . Well, on Tuesday 19th September I intend to request that the Sheriff dismisses any request from RBS to delay there response and that they have had long enough to cough up my cash. Not to mention there late, and frankly poor response, makes not only a mockery of the Scottish justice system but has now p****d me off to the max!!!:-x

If anyone has had a similar experience I'd appreciate any advice you can provide. I'll up date this post after i've been to court and let you know the outcome. Hopefully, i'll get my cash back???Then i'll be laughing my way to another bank.:lol:

 

EDITED due to libelous wording.

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I will be watching closely to your thread, im sure others will help you also. You may want to PM a MOD for more help but my bet is that they pay up Monday morning for you as i cannot see this going to court if you have followed everything correctly. Good Luck.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hi Folks :grin: , (updates in red)

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :evil::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

18th September 2006 :D - phone call from RBS. Will settle claim in full, including expenses, today! Furthermore, as I could only afford to raise a small claim I told the bank I also had approx. £1,000 left to claim. I need to send them a full schedule of the charges and it's looks like they will be refunding the lot!!! Woo-hoo!!! More up dates to follow!:)

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Brilliant stuff mate. I'm at the very beginning of the process and my main worry is it actually going to court.

 

Stories such as yours really help settle the nerves.

 

Well done my friend :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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Hi Folks :grin: , (updates in green)

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :evil::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

18th September 2006 :grin: - phone call from RBS. Will settle claim in full, including expenses, today! Furthermore, as I could only afford to raise a small claim I told the bank I also had approx. £1,000 left to claim. I need to send them a full schedule of the charges and it's looks like they will be refunding the lot!!! Woo-hoo!!! More up dates to follow!:-)

18th September 2006 - received e-mail from RBS confirming full claim amount plus court costs will be credited to my account tomorrow morning. Also, they are instructing their solicitor to request an extension on the court hearing date by 1 week until i'm satisfied I have recieved all the cash!!! Update soon!

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Hi Folks :grin: , (updates in blue)

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :evil::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

18th September 2006 :grin: - phone call from RBS. Will settle claim in full, including expenses, today! Furthermore, as I could only afford to raise a small claim I told the bank I also had approx. £1,000 left to claim. I need to send them a full schedule of the charges and it's looks like they will be refunding the lot!!! Woo-hoo!!! More up dates to follow!:-)

18th September 2006 - received e-mail from RBS confirming full claim amount plus court costs will be credited to my account tomorrow morning. Also, they are instructing their solicitor to request an extension on the court hearing date by 1 week until i'm satisfied I have recieved all the cash!!! Update soon!

19th September 2006 - RBS settled small claim in full - £739 paid directly to account this AM. List of outstanding charges sent direct to RBS solicitor for consideration. Hopefully, full and final settlement!!! Update soon!

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