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    • Embracing your unique selfView the full article
    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
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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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Lloyds Credit Card - PPI


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Hi there,

 

I am new to the forums and wonder if you guys would kindly help me out on afew queries i have

trying to claim possible PPI and charges from my closedLloyds TSB current account and credit card.

 

I have already written to them and had a response to my initial DataProtection letter.

With this I sent thema cheque for £10.

They have responded with copy bank statements from my currentaccount they haven't however, sent me any information with regard to my creditcard.

Instead have ignored this request, not mentioned it in their responsealthough state that I am welcome to request full SAR.

 

The cheque I originally sent to them doesn’t seem to have been cashed, butit is a bank holiday and may show up in a few days on my account,

should I sendanother if I do send the full SAR letter?

 

Could someone tell me if I should now send a SAR or simply reply to theirletter stating that not all of the information requested in my previous letterwas enclosed??

 

Also,

could anyone tell me with the statements I have received so far from mycurrent account,

if I start going through them and counting up the charges occurred,

should i have a valid reason of hardship to be asking for a refund of these,

(Iwas charged frequently previously, sometimes £200pcm because the previousmonths charges just used to have a knock on effect

with other bills etc and£200pcm was more than a third of my wages. I simply got into a rut).

 

 

Also, should I write separately to them about my credit card PPI reclaim

when they do send the details, or wait for this information to come through andmerge the two claims for PPI and charges?

 

Any advice would be very much appreciated.

 

Many thanks

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Ok, sorry and thank u.

Where is the new thread?

Sorry for sounding thick, the write doesn't seem to allow me to start one.

Not quite sure what Im doing.

 

. . . Current account and credit card paid off and closed just over 2 yrs ago.

 

Thx, i will take this to another thread if i knew how.

 

Sorry for taking someone else's! :-!

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You have already posted on your new thread so just stick here for this issue.

 

Is their 40 days for compliance expired yet?

 

If so then send the me the "Failed SAR" letter from the CAG library, the link to which is at the top of every CAG page in green.

 

If the 40 days is not yet up then wait it out until they are. Some data from different accounts may come from different places.

 

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I sent the data request last Monday and the statements were with me by Thursday! Am very impressed by this and am hoping that their response is this quick always.

 

So u think not to do anything in case something else comes through with regard to the credit card within their 40 day time limit?

 

Thanks for up help so far.

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Should i continue with my claim for charges before the credit card info comes or is it advisable to merge two claims if they are to the same organisation? Sorry, bombardment!

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You should wait for the SAR before doing anything on charges or PPI claims.

 

When you have ALL the relevant data you will be better positioned to calculate your claim amount.

 

In the meantime do some reading around the bank and PPI forums to get up to speed on what will be involved.

 

PPI claims and charges claims are two separate issues.

 

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I didn't send the sar template letter, simply a data request.

 

They have invited me to do so and think i will wait this out as u advise and then send the official sar if i have no further correspondence.

 

Thanks so much

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Yes under the data protection act 1998.

 

I just took a template from Martins money saving website,

which, by the way,

directed me to this site for further advice, and its fab.

 

I of course want this process to be as quick as possible and wonder now whether i should send the standard sar letter omiting the £10 fee i have already sent to them,

rather than wait the 40 days and find i have to send it anyway.

 

It can't really do any harm i guess as if there is other data that's coming from another dept,

that should really cross with my letter if its on its way to me? ?

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You could send a letter thanking them for the data provided thus far and saying that you look forward to receiving the rest of your data within the 40 days allowed

 

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Hi,

I have today drafted up a letter asking for the remaining documentation, many thanks for this idea IMS21. i will post after the BH and hopefully receive a response as quick as the last.

 

In the meantime i thought i'd start going through the current account bank statements and calculating what charges i may be able to reclaim. I was charged a lot over the years i banked with them (more and more charges seemed to have a knock on effect every month although i haven't yet gained a total). However, i have been charged for three seperate things on a regular basis. The majority of the charges are for going over my over draft limit (which i pressume these are the most common charges claimed for), but i have been charged a number of "overcharge interest", "overdraft excess fees" "returned DD fees" and "returned cheque fees" too. As these they will see as my fault for going overdrawn so often, can i try to reclaim all four types of charges or just the charges for overdraft excess fees" that the media are staitng were unlawful?? Also, they have sent me bank statements dated between Sept 2001 and when i closed the account in July 2010, can i request the statements that go back further than 2001? They state in their letter "Details of when records have been deleted or disposed of do not consistute personal data and we are not oblidged to keep a record of this. All paperwork that contains personal data is disposed of in a secure manner". They do invite me to write to a different address for full SAR, which i have done today in my further letter. Does any one know, will they send statements from further back with this or are all details destroyed with no recall possible after so many years? I am under the impression that personal and financial data is always disposed of after 6 years but of course they have already sent to me statements dating back from 2001!?

 

Any help with this would be greatly appreciated. I can then start to draft up my letter to them pending further documentation from them, then start fighting my case.

 

Thanks.

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Hi

 

On a current account the only chance of getting the charges back is through a hardship claim or by using BCOBS which cam into effect late 2009. The Supreme Court ruling effectively put a stop on reclaiming bank current account charges although loans and credit cards are still up for grabs.

 

Although the banks will tell you that they do not hold data beyond six years, we know that they do hold data further back than that and some members who have pushed for their data have got it going back much further.

 

See what comes back from your full SAR and take it from there.

 

ims

 

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  • 3 weeks later...

Hi guys,

 

I have received documentation back from Lloyds which gives me all my credit card statements bar a few they admit to not being able to find that cover about one month. They haven't however, sent me the original agreement so i can find out if i had PPI. Should write to them now asking for a refund of the bank and credit card charges or do you think wait to see if i receive and find out whether i paid PPI and put a one collective claim in one letter?

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  • 1 month later...

Hi there,

 

Jhaven't poslted for while as have not yet got round to writing to Lloyds since they sent all statements from my credit card andc urrent account. I am going to be claiming purely for a refund of bank charges, overdraft additional charges and have come to a halt as to what to do next due to the time lapse.

 

I've read back through this thread to refresh my memory, and thanks for the advice so far IMS. However, just looking for some further advice.

 

Do i have to go through all of the 6 years accounts and simply write a "list" stating the transactions that incurred charges, that i feel i should be reimbursed for and the reason why i feel this (individiual reasons fo each?). Then of course stating my hardship case? Or is there some sort of template table i can use to list the charges then simply write a covering letter setting out the main reason why i think i should be reimbursed?

 

Thanks in advance.

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Also, i am goin to try to reclaim the charges from my current account and my credit card account. SHould i merge these two claim and make them one or calculate my claims and claim and write seperately for them?

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