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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

PM Vs Bank of Ireland

pmcmurrough

By pmcmurrough
in Other Institutions

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big aid

big aid

Posted
Posted

i actually think that this is not the saviour statement that BOI were waiting for.

this only strengthens the arguement for anyone going against a credit card company.

i have only had a quick look through it but i think that the banks will analyse this and soften their stance.

 

i am also mindfull that it took the OFT 2 years to release a statement about credit card companies, BOI know this as well.

can they afford to go in front of a judge and lose without the backing of the OFT, because that is exactly what they were waiting for, a statement which backed them.

pmcmurrough you have them against the ropes, now throw your best punch

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lookinforinfo

lookinforinfo

Posted
Posted

Don't know if you guys have picked up on this, but Which and the Consumer Council for Northern

Ireland have made a super complaint about the big four banks in Northern Ireland that is being

investigated

by the OFT. Here is the link-

 

[http://www.oft.gov.uk/NR/rdonlyres/62F2C8DC-A58C-43B8-A543-D3897A4D014A/0/oft771a.pdf

 

It is a pdf file which you will need to download

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pmcmurrough

pmcmurrough

Posted
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Posted

I have no intention of disappearing.

I will not accept a settlement which is conditional on me keeping quiet.

 

The latest report from the Competition Commission has some interesting points. It is focused on the competitiveness of banks in NI and not the legality of the charges but there is alot of information that is of use in our cases.

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lookinforinfo

lookinforinfo

Posted
Posted

The latest report from the Competition Commission has some interesting points. It is focused on the competitiveness of banks in NI and not the legality of the charges but there is alot of information that is of use in our cases.

 

The lack of competitiveness is one of the elements that will be looked at.

But in addition the super complaint cites-

 

"Northern Irish banks charge significant sums for activities that other

banks do not charge for at all

• Northern Irish bank charges often lack transparency;"

 

And this is what the OFT observed about the big four-

"they impose a number of charges when customers are in credit and

overdrawn which are not found in the rest of the UK (and there are no

offsetting advantages such as higher interest payments on positive

balances)

• they have stated that their prices are not directly cost derived"

 

The whole point about charges for breach of contract are that they should reflect the losses suffered by the breach and these are not, since they

are not directly cost involved. Game set and match to the super complainants.

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crossan21

crossan21

Posted
Posted

I've read through most of the cases going on in Northern Ireland. Most seem to get to the court case and then i don't see any outcome details!!

 

I hope this is down to the 'keep quiet agreement' before the bank settles. I've sent away my S.A.R to First Trust and received a reply stating i'd have what i need within in 40 days. I just hope it's all this straight forward.

 

I'm following this thread with interest..

 

Good luck

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noomill060

noomill060

Posted
Posted

I do wish Norn Irn members of this forum would lose some of their inbuilt deference to authoritarian orginisations and tell them to stuff the gagging clauses. They arent legal and will have no bearing on your refund except to stifle debate.

 

(Which is exactly what the banks want)

 

Stuff 'em. Then help others to stuff 'em.

 

Or they'll be back trying to stuff you again.

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carriexs87

carriexs87

Posted
Posted

I was at acourt on 21 Nov to have my case heard as well. BOI solicitor turned up and we were all called into the judges chamber together. The solicitor argued again for deferral until the OFT report was issued. The judge said that he would like to see it himself, and despite arguments from Paul and myself, he agreed to defer the both cases. However, he said he will not wait forever for the report and he will hear the case on 16 April 2007 regardless. He said he is dying to get his teeth into the case as many have been brought before him, only to be settled at the last minute. We were both pretty disappointed to say the least but will just have to wait. The solicitor called me outside and offered me a settlement of 25% of my claim (just to show that they were decent and fair!)and told me that also included in the way fees are calculated are cost for heating, electricity etc!! I have never heard this before, and indeed would be glad if anyone else has heard this from the bank, and the judge even saif he would take running costs into consideration when hearing the case. So I told the solicitor, in the nicest possible terms, where to stick her 25% and I would see her in court. She seems to think that the OFT will rule that charges of between 25-30 pounds will be justified. Any advice at this juncture would be greatly appreciated.

 

PS. A case in after ours against the Allied Irish Bank was settled when we were in the chambers with the judge, but obviously we did not hear the details - seems the BOI are the only ones who do not want to settle properly, 25% is a bit of a joke!!

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pmcmurrough

pmcmurrough

Posted
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Posted

Folks,

 

Sorry for being so quiet. Just so busy at work. But i agree I need to be checking the other threads and updating more frequently particularly as it seems that my case is going to be one of the first in N.Ireland that the bank is going to defend and all the other cases are being adjourned pending this case.

 

My case was adjourned again until 16th of April. That will bring my case to 14 months after submitting my small claim. The judge has set aside a full day for the hearing and has ordered the BOI to disclose any and all documentation that they will be relying on before April 1st.

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sokam

sokam

Posted
Posted
I was at acourt on 21 Nov to have my case heard as well. BOI solicitor turned up and we were all called into the judges chamber together. The solicitor argued again for deferral until the OFT report was issued. The judge said that he would like to see it himself, and despite arguments from Paul and myself, he agreed to defer the both cases. However, he said he will not wait forever for the report and he will hear the case on 16 April 2007 regardless. He said he is dying to get his teeth into the case as many have been brought before him, only to be settled at the last minute. We were both pretty disappointed to say the least but will just have to wait. The solicitor called me outside and offered me a settlement of 25% of my claim (just to show that they were decent and fair!)and told me that also included in the way fees are calculated are cost for heating, electricity etc!! I have never heard this before, and indeed would be glad if anyone else has heard this from the bank, and the judge even saif he would take running costs into consideration when hearing the case. So I told the solicitor, in the nicest possible terms, where to stick her 25% and I would see her in court. She seems to think that the OFT will rule that charges of between 25-30 pounds will be justified. Any advice at this juncture would be greatly appreciated.

 

PS. A case in after ours against the Allied Irish Bank was settled when we were in the chambers with the judge, but obviously we did not hear the details - seems the BOI are the only ones who do not want to settle properly, 25% is a bit of a joke!!

 

I was just interested about the case you mentioned about Allied Irish Bank. They have just sent me their Defence to my claim and I was wondering other claimants experience with dealing with them.

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mcvey123

mcvey123

Posted
Posted

I have had a claim against the Bank Of Ireland for £1887 and they were to reply by today.. They have contested the claim to my knowledge nor have they settled.....

 

If I do not hear by Monday, I am going to file a default decree.

 

Does this mean that the court settles it in the applicants favour?

 

Or is it stalling feature used by the bank?

 

What is the success rate of claimants against the bank of ireland?

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lickthewallfatboy

lickthewallfatboy

Posted
Posted
I have had a claim against the Bank Of Ireland for £1887 and they were to reply by today.. They have contested the claim to my knowledge nor have they settled.....

 

If I do not hear by Monday, I am going to file a default decree.

 

Does this mean that the court settles it in the applicants favour?

 

Or is it stalling feature used by the bank?

 

What is the success rate of claimants against the bank of ireland?

 

Don't break out the bubbly just yet!!There is a certain degree of "flexibility" given to the banks by the courts regarding response dates....also,there may be a defence lying in the office at Chichester street just waiting to be uploaded onto the site.You will need to ring them on tuesday to see what the score is-if they haven't defended,then you get the decision in your favour.

 

Bank of Ireland claimants seem to be getting dragged out as long as possible unfortunately

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