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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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      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
        • Like

yorkshiregrit vs Barclays


yorkshiregrit
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Well, after reading the forums for a few weeks with great interest i have yesterday set off my Prelim letter with a copy of the spreadsheet attached claiming £490 (didn't bother with the interest as it was just too complicated tbh) Plus i will get my 8% anyway later!!.

 

had 5.5 years of statements at home so just worked my way through those, was easier than asking for a SAR and waiting another 40 days!!

 

Having read all the info it seems a pretty simple process, my only concerns are once i get to the point where i need to file online and what information i need to enter there, how to fill out the AQ, what documents to send to the Bank and the court at that point and what the hell i should put in my Court Bundle??

 

Online N1 Claim Form.

My take on it is that i use the following as the particulars of claim

 

I have a contract with Barclays Bank

conducted on their standard terms and

conditions. I am claiming return of money

taken by the defendant in the way of

charges over the last 6 years, totaling

£XXX.The charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and sch.2

(1)(e).In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.I have

repeatedly asked the bank to justify their

charges but they have declined. I also claim

interest under section 69 of the county

court act 1984 at the rate of 8% a year

from XX/XX/2000 to XX/XX/2007 of £XXX,also

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 8%.I therefore claim a total of £XXX.XX

 

I then need to send a copy of the spreadsheet with my list of charges to the court

 

is that it - anything else at that stage??

 

Cost approx £50

 

Allocation Questionaire

I then fill out an AQ (No Idea How, or what with??) Assume there is a template somewhere for this? and do send that to the court only? or to the bank as well?

 

Cost Approx £100

 

Court Bundle

And then make up a court Bundle, inc

all the letters i have sent and recieved during this process,

my bank statements (just those with charges? or all that i have?)

and the rest i print from the template right??

 

is there anything else that needs to go in there? i want to try and collate all this as i go along to save time having to do it later!!

 

I think that is all my questions for now, anyone who can advise, by phone, e-mail or MSN or similar feel free to PM me - esspecially anyone who is Leeds based and has had any success against Barclays - i'd love to hear from you and what you did and when.

 

Other than that thanks for a great site - i will soon be starting tha same process off against RBS and BarclayCard for my Credit Card charges over the last 5 years too!!

 

Wish me luck!

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