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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.

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      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.

My case - meagainstrbs

meagainstrbs

By meagainstrbs
in Royal Bank of Scotland

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meagainstrbs

meagainstrbs

Posted
Posted

Hi there,

 

I sent off my Prelim Letter to RBS (to my branch and copied to the customer services link on the sticky at the top of this forum) on 22nd March and received the standard reply. I then sent off my LBA to my branch, the customer services person already written to and also to the person who had replied to me. Just to make sure they got the message, you know! I have received the standard 'go away - this is our final response and you can contact Financial Ombudsman blah blah'

 

I am now ready to submit my court claim. I should be submitting this today but do not have ANY funds until payday a week tomorrow (27th April). So I will be submitting this next week.

 

I have a couple of questions that I was hoping somebody would be able to help me with (please!)

 

*To anyone who has already submitted a court claim in Scotland - can I use moneyclaim online (as people in England can) or do I have to go to the court?

 

*How do I find my nearest court? I think my nearest is a sheriff court - can a small claims case be heard at a sheriff court?

 

*I recently read somewhere on the BAG site about a buddy system for court - did this ever get set up and if I do end up going to court, will someone please accompany me and help me? I am really scared of doing this but DETERMINED to see it through.

 

Thanks in advance for all your help

 

meagainstrbs

 

P.S. I have read all the FAQs and browsed the site throughly before posting these questions.

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meagainstrbs

meagainstrbs

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Hi there,

 

I was pleased to read Dave's announcement today (sticky at top of forum) about the buddy system - great news for me. I hope someone is willing to come with me if I ever get there.

 

Please does anyone know the answer to either of my questions re. moneyclaim and submitting my claim and how I find my nearest court? I'd really appreciate your help.

 

Waiting to get some funds before submitting my court papers - now due.

 

Thanks very much

 

meagainstrbs

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  • 2 weeks later...
meagainstrbs

meagainstrbs

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Hi everyone,

 

Me again - I went to file my claim this morning and just wanted to let you all know how I got on...

 

I filled in forms 1 and 1b (thanks Scotia for providing yours for me to base mine on) which was much easier than I had expected. I pulled together an updated list of all the charges and printed off two copies of the forms and note of charges and headed to the court.

 

I submitted my claim to the Sherrif Clerk's office to my local Sherrif Court which cost £39 and she took 1 copy of my forms and 2 copies of the charges. She read over the information quite thoroughly and took my fee and said that the court would be in touch with a date. She asked if I was going on holiday as if I was they would need to schedule the court date round that. I am not so she said it was likely to be at the end of June - eeeeeeeek!

 

I have to say (and I'm really not trying to put anyone off, just telling you my experience) that the Clerk was not very helpful - she was quite condescending and acted like I was an inconvenience to her vital conversation about what she had done over the holiday weekend and because she had to provide me with my £1 change!

 

Anyway - all done now. I do have to share with you the most ironic thing about the whole experience! There was a sign up in the Sherrif Clerk's office inviting all staff members of the court to a Royal Bank of Scotland (bank I am claiming against) Branch Open Morning for coffee and wine and chat - cosy, eh? I don't think I'll be popular down my court!

 

I'll keep you all posted!

 

meagainstrbs

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Ewan

Ewan

Posted
Posted

Hi there, just letting you know im following your story with interest and wish you all the luck :)

 

Im in the same boat.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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meagainstrbs

meagainstrbs

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Thanks guys - I'll keep you posted!

 

P.S. If either of you are in Scotland - have you checked out the 'Scotland' forum, under 'General'? There's some really helpful folk in their, particularly around claiming in Scotland.

 

Cheers!

 

meagainstrbs

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Ewan

Ewan

Posted
Posted

Didnt realise there was one! Cheers, will check it out now.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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meagainstrbs

meagainstrbs

Posted
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gosh - the courts are quick!

 

meagainstrbs vs. Royal Bank of Scotland

 

Claim submitted 2 May 2006, Sheriffdom of Lothian and Borders

Case Number SA146/06

Return Day 19 June 2006

I can contact Sheriff's office on 20 June 2006 to enquire if the Defender has lodged any response to my claim

Hearing Date 26 June 2006, 10am

 

Fingers crossed!

 

meagainstrbs

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  • 1 month later...
meagainstrbs

meagainstrbs

Posted
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Hello everyone,

 

Well its been a fair journey but I DID IT! Yay me and thank you guys so much for all your help and support!

 

After the return day passes on Tuesday with no defense returned (I'm in Scotland), I am preparing to contact the court and ask for an extract decree to begin claiming the money back from RBS - about 11am my mobile phone rings and its Mark, a lawyer from RBS:-

 

Mark@RBS: "We understand you are having some problems with customer service and issues of charges from Royal Bank of Scotland"

 

Me: "Yes" (sitting at Perth train station, caught unawares!)

 

Mark@RBS: "We'd like to settle the matter by offering you a full refund of £743 + £39 court fee - only if you agree to keep this a secret" (Ha! Try and stop me!)

 

Me: "Okay - but what about the 8% interest" (Jumping up and down!)

 

Then follows a boring conversation where he ensures me he doesn't understand the 8% interest thing (yeah right, you have a law degree!) and he assures me it only adds up to £4.95 anyway. We argue back and forth for a while.

 

Me: "I think you'll find its about another £100 on top of the £782 you already are repaying to me"

Mark@RBS: "I'll need to calculate it and ring you back"

 

Call No. 2

 

Mark@RBS: "Well thank you for that thankless task" (Talking about calculating the interest - and yes, those were his actual words)

"You are due £884.62" which includes £102.62 of interest"

 

Me: "Thank you and when will I see this money"

 

Mark@RBS: "It'll be paid into your account today"

 

It appeared in my account on Thursday! And for the first time in 8 years, my bank account was in credit and due to stay that way for the future!

 

My overdraft was £850 so I just paid this all off, paid a little bit off the Barclaycard and had a bottle of cheap plonk!

 

For anyone who is considering reclaiming bank charges - go for it! PM me if you need any help (particularly in Scotland) or are claiming against RBS.

 

I have filled in the CAG survey - but its really geared (in the stages bit) towards people who have claimed in England so my answers were a bit skewed - but its filled in all the same!

 

Thank you to Ewan, cowlie, deemacperth, babes66, wintermare, Jamboray, setonstelle8977, ajs44, Robertxc, Also Skint, suzanne_michels, give_me_it_back, RiaMac for all your advice and support and particularly to scotia and Candice (amosworks) who gave me so much help with my court claim form.

 

See a more detailed history of my case over on the Scotland forum:- http://www.consumeractiongroup.co.uk/forum/scotland/5680-help-please-scotland-rbs.html

 

megainstrbs xxx

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westable

westable

Posted
Posted

Congratulations, i am very pleased for you. What a good story/journey! I am currently claiming back through Moneyclaim, fingers crossed i shoul here back by the 10th July.

 

Nice to hear that there is light at the end of the tunnel.

 

Neill

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  • 12 years later...
meagainstrbs

meagainstrbs

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This topic was closed on 08 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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