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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Fastbird v Lloyds Tsb


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i dont know if anybody can help me but here goes. I was made bankrupt feb 2002 and discharged of bankruptcy feb 2004, can i still claim for bank charges from 2 bank accounts that i had and 3 credit card company accounts, if i can would i actually receive the money or would it go to the bank and credit card companies or to the trustee who dealt with the bankruptcy?:confused:

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Hi Fastbird

 

You can claim back the charges up to 6 years ago. You need to get letters in the post to the banks concerned and get your statements.

Send an S.A.R. (subject access request ) to each bank. The fee is £10 for all the information the bank holds on you. If you have 2 accounts with the same bank, then it is still £10 for your statements. Once you get the paperwork through, just add up your charges.Then follow the guidlines on this site.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.

 

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

 

If you any questions please do come to the forum and we will only be too happy to help you!

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

 

There are more links below to assist you get around the site.

 

Good luck

 

Ukaviator

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Hi Ukaviator,

 

Thanks for your reply, could you confirm if poss, will i receive the charges that i claim or would it go to the banks or the trustee of the bankruptcy even though i am discharged of bankruptcy. Also i know you can claim charges from banks but does it apply to credit card companies aswell?

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The charges should be returned to you as you are now discharged. You can claim the charges on credit cards as well. If you do have alook at claiming back Contractual Compounded interest on those charges. You can search the site with the links below,or ask more about that when you start your own thread, under the banks name when you start.

 

Good luck

 

Uk

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WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Yes agreed better to be safe than sorry good points here !:D

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi

 

just to keep you updated, i rang the insolvency service number that bottomburp advised, to which they said i need to speak to the trustee who dealt with my bankruptcy. I have just rang them and explained the situation and they are looking for my file and will telphone me back and hopefully answer my question. I will keep you posted when i get a reply.;)

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Hiya bottomburp and martin3030,

 

I'm pleased to report that my trustee of my bankruptcy rang me this morning and said that i am to speak to the official receiver who dealt with my bankruptcy. I rang the official receiver who said he would look into it and ring me back. I was surprised at how quick he did this, within an hour! Anyway, he rang me back and said that if i was to make a claim for bank charges then all the money claimed back would come to me, and nobody else would receive the money. So needless to say i am extremely happy. Now the fun bit begins, i had bank accounts with Lloyds TSB and HSBC and credit cards with MBNA, Lloyds TSB and Barclaycard. Could anybody point me in the right direction as to where i start to make my claims and what i can actually claim back in the way of charges etc?

 

Thanks:D

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Hi Fastbird

 

I was certain you could claim back your charges yesterday, but worth double checking the info for yourself. You need to send an S.A.R. (Subject Access Request) to all of the companies involved. Read all of the FAQ'S again and prepare your letters. Get all of your statements for the last 6 years. Go through those and add up the charges.

 

Good luck

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hiya bottomburp and martin3030,

 

I'm pleased to report that my trustee of my bankruptcy rang me this morning and said that i am to speak to the official receiver who dealt with my bankruptcy. I rang the official receiver who said he would look into it and ring me back. I was surprised at how quick he did this, within an hour! Anyway, he rang me back and said that if i was to make a claim for bank charges then all the money claimed back would come to me, and nobody else would receive the money. So needless to say i am extremely happy. Now the fun bit begins, i had bank accounts with Lloyds TSB and HSBC and credit cards with MBNA, Lloyds TSB and Barclaycard. Could anybody point me in the right direction as to where i start to make my claims and what i can actually claim back in the way of charges etc?

 

Thanks:D

 

 

Great news and of course a new learning experience for me and others in the team on here,which is always a good thing.

Right as regards your way forward now.

You have some work to do.

First of all you need to send requests for full sars to the organisations you list above.

One request for each organisation will cover all your business with them so for example your S.A.R - (Subject Access Request) to Lloyds tsb will cover both account and card accounts.

I suggest you start threads in each bank group and also MBNA which is in the other institutions section.

read up more in the faqs and also some of the other claimants threads above.

looks like you have lots of work cut out.

But hey this is your money ......which will make it all the more worthwhile !!

 

I will move these posts into the Lloyds tsb section to start you off.

You should do the same with the others you are claiming against.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You're Blonde? Go here for the information you need.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks UK, just checked out the link you sent and its for requesting copies of all the statements. Although i said i was blonde, i did actually keep all the original statements for all of the accounts, so could you please advise what i do now? Also how do i go about setting up a thread with the various banks?;)

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You can go back 6 years for a claim. Go through them all and highlight the Direct Debit returns, Cheque returns, late payment fees, overdraft excess fees. Put them onto a spreadsheet which can be found on this site.Send copies of your spreadsheet with the Preliminary letter asking for it back.

 

You must read the FAQ'S over and over again. The information you pick up will also make you a lot wiser with credit in the future.

 

To start a thread under the banks name, go to the bank in question, at the top of the other threads on the left, there is a button like the Post reply one on here. Click that and you can start your own thread. Keep us posted.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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If you have all the original statements then you can get right on to it.

Work out the unlawful charges for each institution then send off the preliminary letter asking for it back (letter in the banks temp library in the bank group forums )

 

You need to read up more from the faqs

To start a thread in the relevant bank group click onto your bank in the bankgroup section.scroll down to new thread and hey presto you are there.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Fastbird!!

 

I am in the same situation as yourself, except that I am not due to be discharged until May this year.

 

Did the insolvency people advice what would have happened to the refund if you had not been discharged? Should I let them know that this is what I am doing?

 

Maybe i should wait until I am discharged before pursuing further. I have just sent off prelim to FD.

 

Other posters my thread think I should be ok.

 

Wondering if you had any guidance for me.

 

Thanks

 

Charliuk

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