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    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
    • VAG Group cars all hold the distance travelled in KM on the ECU, its selectable between KM and miles on the Infotainment display. 18000 Km is  approx 11000 Miles.   It's appears to be just a diagnostic OBD readout, if you had a an actual cylinder misfire it would be obvious, its not really an indication you have a fault. BankFodder is 100% correct 
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    • 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.

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

      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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Peter Rabbit V Barclays**success**


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I have spent the last few days reading all the FAQ and today waded throuh six years of Barclays Current Account Statments and was amazed by the amount of charges I have incurred.

 

I have found three kinds of charges noted on my statements:

 

Transaction Charge

Referral Fee

Unauthorised Overdraft Charge

 

I completed the spreadsheet from the library an wow ....... £2825 in charges and £290.25 in interest on charges!

 

So having checked out as much as I can from here I see no resason to proceed.

 

Discovered I am four statements short (all from the last 12 months probably lost moving house) so have hand delivered a letter to my branch asking for copy statements and acknowleding that I am happy to pay for these.

 

So once I have these I can start with the prelim letter.

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Welcome and good luck. You will soon have what is rightfully yours. Its so good when that cheque arrives. Just make sure that you set the time limits not them. Don't let them push you around.

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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You could start straight away, and when you get copies of the missing statements, you can amend the claim when you send the LBA, or at the court claim stage.

 

Although if you haven't received them by the time you are ready to file your court claim, it would be as well to wait until you have all the figures, as it costs £35 to amend a claim once filed with the court

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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I would start now. If you wait for the statements to arrive, that could take you to the third week in November if Barclays do their usual stalling routine, before you begin. At least by the end of the LBA stage, it matters not whether you file then, or wait a week or so for the statements.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Thanks Essjaysea & Welshman - I will get prelim letter out in the next few days - will let you know when I have sent it (hopefully Wednesday) - is it better to send the prelim to my branch or straight to Barclays Customer Services?

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Luck, so wished!

 

 

.. .. .. .. and good fortune!!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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  • 3 weeks later...
  • 3 weeks later...

Sorry I have not updated my thread for some time - been away on business.

 

Following LBA I have now recieved a partial offer from Barclays so on to the next stage.

 

Two questions however!!!!

 

1. Do I have to write to Barclays to acknowledge the letter and if so is there any suggested wording? (Can't seem to see any anywhere - I maybe being a bit thick here)

 

2. I have completed the advance spreadsheet and I am quite happy with it and have four sub-totals:

1. Penalty Charged

2. Interest on Penalties

3. 8% on Penalty

4. 8% on Interest on Penalties

So my claim is for 1+2 and 8% Interest Total is 3+4

 

Is this correct? (I am pretty sure it is but just wanted to double check)

 

 

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Hi there

 

I'm having the same problem getting my signature to show......did anyone get back to you on this yet?

07 Nov 2006 - Sent premliminary letter (with charges)

11 Nov 2006 - Received standard acknowledgement letter

24 Nov 2006 - Sent Letter Before Action (with charges)

29 Nov 2006 - Received offer from Barclays

01 Dec 2006 - Sent letter declining their offer

06 Dec 2006 - Received letter from Barclays reiterating that that was their final offer and if I do not wish to accept it, we are therefore unable to reach an amicable resolution!

08 Dec 2006 - Submitted MCOL

11 Dec 2006 - Claim deemed 'Issued' by MCOL

29 Dec 2006 - Claim acknowledged by Barclays

Claim defended by Barclays

12 Jan 2007 - received AQ (N149) and copy of Barclays defence

13 Feb 2007 - Received Notice of Allocation to the Small Claims Track court. Hearing date: 12 April 2007

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Today I have submitted clain to MCOL against Barclays and have sent a letter to them rejecting the offer they made last week. Pretty sure I got all my figures correct so onward and upwards!

 

Going to have to do some serious thread reading tonight to really make sure I am ready for the next phase of the campaign!

 

Thanks for everybodys help so far - it is much appreciated

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Having read Welshmans thread am I correct in thinking that, now I have completed MCOL, I need to send a schedule of the charges to MCOL and another copy to Litigation Dept at Barclays (despite the fact Barclays have now had 3 copies by recorded delivery!)?

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Thanks Welshman will mail them both tomorrow - I know the address for litigation dept is here somwhere - will go and have a browse.

 

Received Notice of Issue today from MCOL claim will be deemed served on 20th and Barclays have until 4th Dec to reply so everything seems to be under control at the mo!

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Found details from Martin3030 of where/how to send schedule of charges to at Barclays and MCOL on Welshmans thread - Post #83

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/21951-welshman-barclays-5.html#post252665

 

It might be useful if anyone else is following this thread.

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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  • 3 weeks later...

4th December arrived at last - the date by which Barclays could acknowledge or submit defence to MCOL claim.

 

So it looks like I can go for judgement by default - is that correct?

 

Can I do that tonight or do I have to wait until tomorrow (5th)?

 

Should I just go for judgement on-line or should I phone MCOL to check?

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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I've replied to your PM regarding this question Falcom but it's better to ask those questions in the public domain as it helps others too. We ask that people read threads so that they learn from there as well as reading the FAQ's and Step by Steps.

 

Here's a copy of my reply to you by PM for the information of others:

 

If they had until 4 pm today then.

 

What you need to do is to press the judgement button BEFORE 9am tomorrow. I think you can't do it til after midnight tonight.

 

By doing it before 9am, they will deal with it tomorrow. If after 9, it will be the day after.

 

BUT if they will have until 4pm on the day you apply for judgement to acknowledge/defend. It's not fair, I know, but somehow, it's allowed.

 

Good Luck

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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