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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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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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Vikki Arda v Lloyds


VIKKI ARDA
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All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have an agreed overdraft of £5800 but my claim only totals £1234 is it wise to continue with the claim or do you think they will call in the whole of the overdraft? There is no way I can afford to pay this back at any great rate or in one go.

I am about to send my first letter am I correct in thinking that overdraft interest cannot be claimed?

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Guest Lueeze

Unfortunatly you cannot predict what the bank might do!

 

They may close the account but usually this isnt done very often! In which case they wiil ask for your OD back!

 

Good Luck!

 

Lou x

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What can they do if I can't pay it back all at once, can they take me to court or are they obliged to accept an offer of settlement.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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They usually send you and income and expenditure form first then try to agree a mutually acceptable pay back amount.

 

If it ever got to court. Make sure you attend and fillin the court income and expenditure form. The judgment can then be made with your needs taken into account.

 

I doubt it would get to that though unless you persistently defaulted on paying them back.

 

LOULA

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LOULA

 

Am I correct in thinking that if they call it in, even if the account holder works out a payment schedule, they could still issue a Default Notice?

 

If so, it's another very serious point that needs making to the OP

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Guest Alison82

This happened to me, Natwest wanted me to pay back me 1,800 o/d my claim was for approx 500 (on top of the 1,800 not included in) they gave me option to pay it back a bit at a time I propsed 20 per month haven't heard anything about it yet

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With regards to paying your overdraft back, as far as i know if you owe money to a company / bank etc and you make a payment plan. Legally they cannot refuse payment.

 

If they took you to court and you told the judge but i am paying (for instance £40 per month) and i cannot pay anymore because of this and you show your budget plan. The judge would throw it out of court.

 

As long as you pay something regular its ok

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....If they took you to court and you told the judge but i am paying (for instance £40 per month) and i cannot pay anymore because of this and you show your budget plan. The judge would throw it out of court.

 

As long as you pay something regular its ok

 

BUT, to issue a default notice, they don't need to go to court. They issue a default letter, giving you xx days to pay the lot, and if you can't / don't then they can issue the default. This is still true if you offer to pay an amount each week / month.

 

That's what is so very wrong about defaults.

 

The only point I cansee that would fend one off is to reply to that default notice and say that the amount is contested, advising them that legal action will be taken if they proceed whilst the amount contested is resolved.

 

Other thoughts welcome........

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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This is my first letter which I will post tomorrow. I have left out the default section as I am not sure if I ahve one or not. I have also left out the bit about interest as everyonr seems to be of the opinion that is is to difficult to calculate. Is this correct? I have included the folllowing:-

unpaid d/d

o/draft excess fee

o/draft usage fee

unauthorised borrowing fee (exceeding ageed o/d limit).

 

Lloyds TSB PLC

Moorgate

London

EC1V 4LE

 

 

 

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years

I now understand that the regime of “fees” which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Your responsibilites

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

What I require

I calculate that you have taken £1234 .

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

Mrs V J Arda

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Sounds good but maybe edit your address out...

 

Good luck ;)

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Thanks Neo just wanted a little reassurance. Here go's.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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I posted my request for a refund of charges totalling £1299.00 today. I've dragged my heals a bit but it just added another months charges to my claim.

 

 

 

Please stay on 1 thread, the Moderators have spent time cleaning up the forum due to this reason, thanks!

 

Louise

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Sorry about that I am abit of a novice with computers.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Toady I recieved one reply dated 10th May thanking me my complaint and saying they are sorry that I feel they have let me down. They will look into the issues raised and will give me a full response within 28 days. It gave the name of the manager of my branch if I wish to contact them and eclosed a leaflet "How to voice your concerns"

I also recived a reply dated 11/5/05 which was the standard reply to the first request for refund. A big fat NO!

Sorry I haven't worked out how to scan the letter yet.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Can someone please confirm that it is now ok for me to send the letter before action and is there anything I need to add to it? I know I delete the red text if there is no default.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Yes I have used your advice thanks.

I intend to post my LBA letter on Monday 15/5 is anyone else on the same time scale as me it would be good to compare how things are progressing.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Managed to post off my LBA today ansd intend to get my spreadsheet ready for Moneyclaim as we all know what the reply will be.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Can someone please tell me the easiest way to calculate the number of days of days since offence on the Spreadsheet.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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Unfortunatley mine won't for some reason. Also do ou know if you can claim for Overdraft Usage Fee's

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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That way you will attract more attention to your story and get more visitors and more help 

 

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