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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.

Me Vs Clydesdale

Darjm
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Darjm

Darjm

Posted
Posted

Hi all!

 

In July i sent CB a letter explaining that they had penalised me for certain things. It was a premade letter that i found, on another site.

 

They replied outlining their T&C's and how they wer in their rights, and that they would not be refunding the £1650+

 

At the time, the thought of Court action was daunting, i also hadnt found this forum, so i let it go.

 

My complaint will now be closed on their side, but i want to see this through now.

 

What would be my next best course of action?

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hoogie32

hoogie32

Posted
Posted

Darjm,

 

Personally, I would start from scratch and request your statements, using the Template in the Templates Forum.

 

Do everything by the book and I dont think they will have a leg to stand on.

 

If I can help - just give me a shout.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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  • 4 months later...
Darjm

Darjm

Posted
  • Author
Posted

*Update*

 

Since the initial knockback from CB, ive moved house, and been busy with a lot of other things, whilst in the meantime i requested my statements.

 

After totting up how much they took, and adding judicial interest of 8% (i think) the total for my 2 accounts is £4800 !! a lot more than i thought. The swines.

 

Now after reading the Bicmac Vs clydesdale thread, where the solicitors have come out with this defense of splitting up the charges into £750 chunks is wrong, then im kinda stumped as to how to approach them now.

 

Should i send an LBA for the full amount, to which i'll oibviously be turned down, then what?

 

Any news on the limit being increased for small claims in Scotland yet?

 

Regards

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lori1

lori1

Posted
Posted

HI darjm, no there does not seem to be any change happening soon with regards to the claims limit, i think it is appaling that we are now being penalised for wanting back what is ours!! and to have subsequent claims being thrown out is atrocious!!......i think we should be lobbying our M.Ps into getting this changed it seems the banks have found another way to get round paying us whats ours, it seems the only way to get round this is by getting the FOS to investigate your case for you, it does take longer but could be worth it if you get ALL your money back!! best of luck x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Darjm

Darjm

Posted
  • Author
Posted

Thanks for the reply Lori1. Yea it is shocking, that Scotlands limit is still at £750. Also shocking that the lawyers are stooping this low to avoid paying back OUR money.

 

Quick question. Should i send my prelim, then LBA to the Clydesdales head office, or to my local branch?

 

Thankya Dar

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lori1

lori1

Posted
Posted

hi darjm, send them off to the head office, if you send it to your local branch it will only be forwarded, remember to send everything by recorded delivery!! x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Darjm

Darjm

Posted
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Posted

I'm concerned as to what to do, when , inevitably , the bank will knock the prelim back, then undoubtably knock back my lba. My next step would then to lodge a claim with the court. But as there is an issue with the small claims in Scotland, wouldnt that step be ill advised atm.

 

If i held off, i wouldnt be sticking to my 14 day timetables :(

 

Could i get a temporary po box in England, then claim through the courts there?

 

i.e Lodge my claim in say Newcastles court, or the likes. Then i should be able to claim up to £5000.

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sajabu2003

sajabu2003

Posted
Posted
I'm concerned as to what to do, when , inevitably , the bank will knock the prelim back, then undoubtably knock back my lba. My next step would then to lodge a claim with the court. But as there is an issue with the small claims in Scotland, wouldnt that step be ill advised atm.

 

If i held off, i wouldnt be sticking to my 14 day timetables :(

 

Could i get a temporary po box in England, then claim through the courts there?

 

i.e Lodge my claim in say Newcastles court, or the likes. Then i should be able to claim up to £5000.

 

Darjm have you had a read of this thread? ...

 

Urgent Attention Please Read - Claims in Scotland

 

It might give you some good advice.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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