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      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.

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

Help with Citi please!

Hennie
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Hennie

Hennie

Posted
Posted

Hi everyone,

 

I'm helping my Dad claim his charges back from Citi. Been reading other threads about Citi on here and they seem to be taking a totally different tac to other insituations.

 

After the lba, Dad's account has been credited with £130, this being the difference between their old charge of £25 and their new charge of £12. This seems to be a standard reply from them now and I am NOT deterred by them saying that if we pursue it any further that they will defend it.

 

But, please could someone advise as to what I should do next?

 

When claiming from my own banks, I wrote back declining the partial offers to which they all responded positively with a full refund, but as this lot have already applied the money to Dad's account I guess I'm going to have top accept it as a partial refund. Do I give them another 14 days to cough up the rest or go straight to MCOL?

 

Thanks in anticipation

HSBC Bank Account £70 Settled in FULL

HSBC Credit Card £160 Settled in FULL

Marbles Credit Card £150 Settled in FULL

Sainsbury's Credit Card £100 Settled with £5 interest after LBA

Lloyds TSB £95 Settled in FULL

 

On behalf of my Dad:

Yorkshire Bank Credit Card £302 Offered half

Citi Cards £250 Refunded automatically half to card

Capital one £672 Offered a third

Lloyds TSB £105 - Sent request for repayment

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zootscoot

zootscoot

Posted
Posted

Hi Hennie,

 

Citi have indeed take a different tact.

 

Try this letter.

 

 

Dear xxxx

 

Re Account no xxxxx

 

I note from my account balance that the sums totaling xxxx have been placed into my account. I can only assume that these amounts have been credited in to my account in furtherance of the claim which I am currently pursuing. I therefore thank you for this sum which I accept in accordance to with my duty to mitigate my loss as partial satisfaction of my claim. However, I must inform you that I fully intend to continue my claim for the full amount.

 

In accepting this part payment, I am in no way consenting to any variation in terms of the contract. I note that no variation of the terms in the contract can be conducted by yourselves unless 30 days notice in writing is ganted as per clause 30.1 of the terms and conditions of the contract. If I am in fact mistaken about the payment being made in relation to my claim, please rectify the mistake by removing the amount from my account and please be so kind as to let me know if this is so.

 

Yours Faithfully

 

xxxxx

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acestealer

acestealer

Posted
Posted

Having a similar problem:

 

Citi card offered me 40% of my total claim of approx £800. I sent the standard letter saying "i will only accept this as a part payment". They've come back to me saying bascially this is all you're getting.

 

So i've raised an action on MCOL for the full amount of £800. Anyway, just received my statement and they've credited my account with the £372 (40%) already.

 

I've just spoken to their complaints line saying 'are you going to take this back as i've taking you to court for the full amount?'' and they said no and that this was their final offer but if i was to win in court they'd give me the rest back????

 

Does this mean i need to contact the court and tell them i've been offered a part payment???

 

Thanks guys - need your wise advice.....

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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acestealer

acestealer

Posted
Posted

Can anyone help me with this?

 

Cheers

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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pj41

pj41

Posted
Posted

Hi Acestealer,

 

Don't panic. If you've lodged a mcol for the full amount, the follow up paperwork from the court will allow you to inform the court of any part payments since the date of your claim.

 

Court proceedings are slow but effective and efficient.

 

Just let the paperwork catch up.

 

 

Hope this helps

 

Cheers

 

 

Paul

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MARTIN3030

MARTIN3030

Posted
Posted

You could not make this up.

 

This is funnier than a Bernard Manning Christmas special.......what are they on at Citi ?:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

talk about taking the biscuit ?????:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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acestealer

acestealer

Posted
Posted

I know it's absolutely ridiculous - the man i spoke to at Citi kept putting me on hold to speak to his boss as he clearly didn't have a clue what to say to me.

 

He was bascially giving me advice on how to put my claim through the court and get the whole lot back - you have to laugh. He very strongly implied i'll get my full claim from them as soon as i raise a court action!!!

 

Bless them.....

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Hennie

Hennie

Posted
  • Author
Posted
Hi Hennie,

 

Citi have indeed take a different tact.

 

Try this letter.

 

 

Dear xxxx

 

Re Account no xxxxx

 

I note from my account balance that the sums totaling xxxx have been placed into my account. I can only assume that these amounts have been credited in to my account in furtherance of the claim which I am currently pursuing. I therefore thank you for this sum which I accept in accordance to with my duty to mitigate my loss as partial satisfaction of my claim. However, I must inform you that I fully intend to continue my claim for the full amount.

 

In accepting this part payment, I am in no way consenting to any variation in terms of the contract. I note that no variation of the terms in the contract can be conducted by yourselves unless 30 days notice in writing is ganted as per clause 30.1 of the terms and conditions of the contract. If I am in fact mistaken about the payment being made in relation to my claim, please rectify the mistake by removing the amount from my account and please be so kind as to let me know if this is so.

 

Yours Faithfully

 

xxxxx

 

Thanks zootscoot for the template - it sounds very impressive!

 

Please may I ask though what clause 30 is? I'm not sure that I fully understand that bit.

HSBC Bank Account £70 Settled in FULL

HSBC Credit Card £160 Settled in FULL

Marbles Credit Card £150 Settled in FULL

Sainsbury's Credit Card £100 Settled with £5 interest after LBA

Lloyds TSB £95 Settled in FULL

 

On behalf of my Dad:

Yorkshire Bank Credit Card £302 Offered half

Citi Cards £250 Refunded automatically half to card

Capital one £672 Offered a third

Lloyds TSB £105 - Sent request for repayment

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zootscoot

zootscoot

Posted
Posted
He was bascially giving me advice on how to put my claim through the court and get the whole lot back - you have to laugh. He very strongly implied i'll get my full claim from them as soon as i raise a court action!!!

 

 

Follow their expert advice then!

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MARTIN3030

MARTIN3030

Posted
Posted

And ask him to tell Brian to get his finger out with the other claims.;-)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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gizmo111

gizmo111

Posted
Posted
And ask him to tell Brian to get his finger out with the other claims.;-)

 

I hope Brian doesn't take any work expeirence from local uni's as the students could well end up on comic relief instead of in a court.

Consumer Health Forums - where you can discuss any health or relationship matters.

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MARTIN3030

MARTIN3030

Posted
Posted
I hope Brian doesn't take any work expeirence from local uni's as the students could well end up on comic relief instead of in a court.

 

 

 

 

:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Enron

Enron

Posted
Posted

Now lets not make this personal. I`m sure that outside of work Brian is a perfectly nice person who is just doing his job and representing his employer to the best of his ability.

 

Its just a shame that his employer has been charging more than its administrative cost and as such breaking the law for some considerable time.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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gizmo111

gizmo111

Posted
Posted
Now lets not make this personal. I`m sure that outside of work Brian is a perfectly nice person who is just doing his job and representing his employer to the best of his ability.

 

Its just a shame that his employer has been charging more than its administrative cost and as such breaking the law for some considerable time.

 

Just a shame about the level of his abilities! And come to that his choice of employer.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Enron

Enron

Posted
Posted

The money must be good! Albeit had a friend who was a student in Salford and wasn`t entirely complimentary about the area.

 

At the end of the day.... now that Citi Card have stated £12.88 is there cost for a default will they be refunding ALL customers who have been illegally charged in excess of this amount, not just the ones who take the trouble to contact them.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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gizmo111

gizmo111

Posted
Posted
The money must be good! Albeit had a friend who was a student in Salford and wasn`t entirely complimentary about the area.

 

At the end of the day.... now that Citi Card have stated £12.88 is there cost for a default will they be refunding ALL customers who have been illegally charged in excess of this amount, not just the ones who take the trouble to contact them.

 

They may have stated that to one judge but the battle is so not over yet - take the £12.88 with a pinch of salt at present I am sure there will be more to come.

Consumer Health Forums - where you can discuss any health or relationship matters.

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MARTIN3030

MARTIN3030

Posted
Posted
Now lets not make this personal. I`m sure that outside of work Brian is a perfectly nice person who is just doing his job and representing his employer to the best of his ability.

 

Its just a shame that his employer has been charging more than its administrative cost and as such breaking the law for some considerable time.

 

 

You dont work in his office do you:rolleyes: ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Enron

Enron

Posted
Posted

Nope, live down south.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hennie

Hennie

Posted
  • Author
Posted

I can't believe how incompetent this lot are, its getting beyond belief!

 

Dad got a letter today, to say that they've been charging him the WRONG amount of interest on his credit card!

 

It didn't say how much they had been charging OR how long they'd been doing it for - no wonder the balance had been going up each time Dad made the mimimum payment!!

 

Anyway, they are "refunding" the over charge and state that the correct interest rates are 24% and 27% respectively - what a rip off!!

HSBC Bank Account £70 Settled in FULL

HSBC Credit Card £160 Settled in FULL

Marbles Credit Card £150 Settled in FULL

Sainsbury's Credit Card £100 Settled with £5 interest after LBA

Lloyds TSB £95 Settled in FULL

 

On behalf of my Dad:

Yorkshire Bank Credit Card £302 Offered half

Citi Cards £250 Refunded automatically half to card

Capital one £672 Offered a third

Lloyds TSB £105 - Sent request for repayment

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MARTIN3030

MARTIN3030

Posted
Posted
I can't believe how incompetent this lot are, its getting beyond belief!

 

Dad got a letter today, to say that they've been charging him the WRONG amount of interest on his credit card!

 

It didn't say how much they had been charging OR how long they'd been doing it for - no wonder the balance had been going up each time Dad made the mimimum payment!!

 

Anyway, they are "refunding" the over charge and state that the correct interest rates are 24% and 27% respectively - what a rip off!!

 

Well at least this is one dispute in which they did not quote their overrated ill informed infamous Northern Ireland victory...........:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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gizmo111

gizmo111

Posted
Posted
Well at least this is one dispute in which they did not quote their overrated ill informed infamous Northern Ireland victory...........:rolleyes:

 

Would have been too many subjects in one letter and they would have lost focus - clear explanations are not their strong points!

Consumer Health Forums - where you can discuss any health or relationship matters.

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MARTIN3030

MARTIN3030

Posted
Posted
Would have been too many subjects in one letter and they would have lost focus - clear explanations are not their strong points!

 

 

You can say that again.................:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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