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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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      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.

Geek vs Loyds TSB

Geek

By Geek
in Lloyds Bank

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Geek

Geek

Posted
Posted

Hello all,

 

Just my humble account of my attempts to reclaim the charges against my account!

 

I started it all with my first letter on the 2nd December 2006. This was requesting just under £1400 in charges.

 

The bank responded with a letter stating that they were sorry I was unhappy, but that they did not believe that the charges were unlawful. They stated that they were not willing to repay any of these charges back.

 

My second letter was sent on the 13th December (just after receiving their letter). In this letter I stated that I was disappointed with them, but that I was going to start court proceedings within 14 days. I stated that I was going to claim statutory interest in court, but that I would allow 14 days for Without prejudice settlement in full of all charges (without interest).

 

I filed a claim on the moneyclaim.gov.uk site last night (2nd January 2007)... :)

 

Today (3rd Jan 2007) I received Lloyds' "Final Response". This was a statement that they accept no liability, that it was all my fault, that I was being unreasonable etc. etc. Bottom line was that they do not usually adjust charges, but that they are prepared in this instance to reduce the charges by repaying £750 to my account as a gesture of goodwill.

They (again) stated that they do not consider that they have any legal obligation to do so.

 

Further to this...

 

I have checked my account and they have already paid this money into my account. What position does this put me in?

 

Should I just leave this money in the account untouched? (The account is not used now).

Should I send them a letter to state that I do not accept this as a full settlement? Or should I just leave it as it has already been filed with the court system?

 

I certainly do not wish to accept this now - particularly after paying £120.00 in court fees to file my claim!

 

Any advice welcome!

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GuidoT

GuidoT

Posted
Posted

I am close to the same timeline as you. I received that kind of letter and sum just before Christmas. It seems to be their new thing.

 

It is not couched as an offer therefore not capable of acceptance in full and final settlement. Some people have taken the view that it is necessary to reject the 'offer' formally and say that your will be continuing with your claim, but will take the sum as part payment, but I do not think this is necessary.

 

To be on the safe side you can just write to them thanking them for the sum and saying that you will take it in partial settlement of your claim and you are continuing to pursue the balance under in x county court under claim reference xxx.

 

Just carry on with your claim regardless, donate some of the money to CAG and spend the rest.

If I have been helpful please click on my star and add a comment.

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  • 3 weeks later...
Geek

Geek

Posted
  • Author
Posted

Well, I have just received the letter from the Courts to inform me that Lloyds intend to defend my claim.

 

They have returned the Acknowledgment of Service form, which appears to mean that they get a further 14 days (to a total of 28 ), on top of the initial 14 days.

 

Need to work out what (if anything) I need to do now...

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GuidoT

GuidoT

Posted
Posted

You do not have to do anything for now, all is progressing normally.

 

Next stage is completion of Allocation Questionnaire, the courts will forward this to you with the defence in a few weeks. In the meantime you would be wise to read here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-8.html#post481560

 

The new strategy should help speed up settlement.

If I have been helpful please click on my star and add a comment.

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GuidoT

GuidoT

Posted
Posted

No need for court bundle yet, one step at a time. Keep going through the FAQs, it all sinks in eventually. It helps to read other successful threads to place the FAQs in context.

 

Recently, I have seen a claim settle just after AQ as the new strategy was adopted. There is a possibility that by the time you get around to court that Lloyds' strategy will have changed.

If I have been helpful please click on my star and add a comment.

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  • 4 weeks later...
Geek

Geek

Posted
  • Author
Posted

Well, I just want to say a big THANK YOU! to all at CAG for this site and all the advice within...

 

I have today received a letter (the day my CAQ should be in), from Sechiari, Clark and Mitchell (representitives of Lloyds TSB). This is below:

 

Address, references etc omitted ...
:)

 

We refer to the above matter and can confirm that our Client will be settling the above claim by crediting your Bank Account within the next three working days [it is already in there - I checked]. You are advised at this stage that by our Client metting your Claim on this occasion, this is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned. [How very reasonable of them!]

 

We therefore trust you shall write to the Court to confirm that the claim has been settled once the funds have been received and provide this office with a copy of the letter for our Client's records.

 

Yours faithfully

 

Sechiari, Clark & Mitchell.

 

On checking my account, they have paid all of my fees (and statutory interest) that I was claiming, plus all of the court fees (£120 for initial fees and £100 for the CAQ).

 

Thanks again for all the advice on this site - and for the advice given directly to me! I certainly intend to try and repay this by paying some of my winnings to the CAG...

 

And remember everyone... Just hold tight!

 

Geek.

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Geek

Geek

Posted
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Posted

Thanks Guido.

 

I was going to look into that today...

 

I did 3, 5 and 6 last night (6 particulary being the reason I had not searched all that hard for instructions on closing the thread)!

 

I paid the entire amount (after my donation to the site) to pay off other debts already - so start today considerably less weighed down... :)

 

Thanks again for all the advice!

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