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    • The first thing is that if you slow down a bit and read the Hermes stories on this forum, you would understand why you are completely wrong when you suggest that because the contract of carriage is between the sender and the courier, that you have no right to sue. You say that you are running your own business and so you have got things right, but if this has been your understanding while you have been running your own business – then Big Fail. On the other hand, I'm afraid that I disagree with the view of my site team colleague that you can sue the courier.   In most circumstances you certainly could – but this case, the items were made of glass. Glass is on the prohibited items list and they were broken. Often we find that couriers rely on the prohibited items list to disclaim liability even for glass items when they have been lost. In those cases, the fact that the item is made of glass is irrelevant and the courier is still liable. However, with the item is broken because it is glass – exactly the kind of risk which is foreseen in the prohibited items list – then I'm afraid that there is probably no claim. The courier service has made it clear that they won't be held liable for the consequences of the particular sensitivity of certain items – and the sender accepts that as part of the contract. What is interesting though is that you are suggesting that the item has been insured. Do you know this for a fact? I would venture to say that if the courier has accepted insurance money for an item which is on the prohibited items list, then I think that overrides the prohibited items list and on that basis I agree with my site team colleague that you can sue the courier. I'm afraid that your story is really not at all clear. I think we need to know the identity of the seller, the identity of the courier. Was insurance taken out? As the seller accessible in terms of knowing their name and address for the issue of a County Court claim? The value of the item is irrelevant and in fact if it is only £50 then I think that it is excellent that you are prepared to enforce your rights for such a small sum when many other people would simply write it off.   We can certainly help you but you need to answer my questions and set the story out in a proper chronological timeline and a bit less of the narrative please  
    • The value of New York-listed Chinese companies has plummeted after a series of crackdowns by Beijing.View the full article
    • If you could merge AdriHD into adridude so adridude is still active and AdriHD disappears, that'd be awesome. :)
    • That's completely false info though. The contract is between the sender and the courier. The responsibility is purely on the sender. I.e... If I were to send you something and chose to dodge insurance, does that mean you lose out if it went missing? Of course not. I would have chosen to dodge insurance and if you didn't get your money back, then it's all under the consumer rights law. I sue the courier even though the sender has sent goods which breaches the couriers t and c's of compensation? If I sent a glass framed picture in the post, even though it was against the policy of the courier, but I just took a risk, does that mean if it breaks then it's tough **** and the customers problem? The senders are responsible for making sure it's within the rules of the courier and if they think it's worth the risk, having insurance, then that isn't my fault. I have to sue the courier for what? Enforcing the rules? Not turning a blind eye to a sender who disregarded their rules? 
    • you will need to include and refer to the above   the statement charges mean nothing , that does not reset any SB clock. the statements show no payments made by you.   The Default Notice was issued dd/mm/yyyy and served several years and months after the initial breach thus the cause of action delayed by X years and  months and the Limitations period prolonged to 6 years and x years + X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.    
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edinburgh_al v Barclaycard **WON**


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As no one seems to be having much luck getting statements under the DPA, I decided to pay for the few that I am missing for the last 4 years. Thus have requested 6 duplicate statements for a total charge of £18.

 

Once I have these I will have full coverage for the last 4 years and will make an estimate for the previous 2 years.

 

Barclaycard are still quoting up to 35 days however which I think is a disgrace.:mad:

I can confirm that I've ordered the copy statement/s you requested. Due

to the age of the statement/s you require, we will need to retrieve

it/them from our National Records department so please allow up to 35

days for delivery

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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  • 5 months later...

I have a Small Claim [in Scotland] pending against Barclaycard which was based on estimated charges. Barclaycard have advised that they intend to defend the claim - calling date is 22/05.

 

Since filing the claim, I have received the missing statements and do therefore have an accurate figure.

 

Can anyone offer advise on whether I should make an incidental application to alter the amount of the claim?

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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Well I sent of the Incidental Application the other day however BC have now offered to settle in full based on my original estimated claim.

 

There is little difference in the two amounts so I will therefore be accepting their kind offer. :)

 

Cheers!

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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Fantastic! enjoy the money :)

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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