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    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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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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RBS Mint Card Charges Reclaiming


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Hey i'm a newbie and am planning to try and get my charges refunded. However, i would like to know what i am letting myself in for..

 

Is Mint card hard to crack?

Do they pay up?

Do they go to court?

How fast do they respond?

 

Any help greatly appreciated.

 

Thanks

Natasha

Help me to help others!

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  • 1 year later...

You'd have to have a valid reason for a stay not to be applied on the claim.

 

In this instance I would suggest that a stay should not be applied to the claim, as the current OFT case relates purely to overdraft charges on bank accounts. There is already an OFT report in place relating to credit cards which was published in April 2006 with which Mint(RBS) have complied.

 

The issue here is whether the penalty charges made against customers truely reflect their costs, or whether they are profiteering from said charges which is against contract law.

 

If the draft order was adopted for this claim it would bring all matters to a fore. By means of a full breakdown of the defendants costs it would be possible to assertain whether the charges are fair & reasonable, or if the defendant is levying a highly inflated figure to customers which don't match its costs.

 

It is industry standrd for events such as as late payment charges and over the limit charges to be entirely automated thus costing the defendant a matter of pence as part of an overall IT billing system, as such it is your own opinion that the defendants charges are pure profiterring.

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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Its the same arguement which I used in my claim against Citi to prevent a stay being put on it.... and it worked.... so worth a go with RBS.

 

And obviously that means the rejection letter going to RBS.

 

Though as with all these matters its your decision as to what move to make.

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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Been through the full process including appearing at court against Citi (and winning) so if you need any help let me know.

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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Yep, its a very, very rare occasion that happens, but Citi seem to have a different approach to all the other films.

 

At the end of the day if you can cast doubt onto the stance the bank is taking, i.e. they are charging customers £12, £18, £20 etc for default of contract that can help you get the draft order adopted which orders a full breakdown of their charges.

 

From the point of view of RBS, charges such as "late payment" and "over the limit" fees are entirely automated, thus costing the bank a matter of pence and not what they levy against customers. An indication of this will be their non-compliance with the SAR if you sent one, the template here requests manual intervention information which they are guaranteed not to have sent. This would show if any human action was taken at the time your penalty charges were applied.

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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  • dx100uk changed the title to RBS Mint Card Offer Vs. Court Stay
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