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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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      BankFodder posted a post in a topic,

      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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Ewan v RBoS

Ewan

By Ewan
in Royal Bank of Scotland

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kflemi16

kflemi16

Posted
Posted
Going through them I'm finding a few entiries like this:

 

CHG TO 01APR A/C 1020xxxx -£10.00

 

But when looking back to that date I see nothing, I was expecting this to be a £10 service charge for going above my overdraft, but when traveling back to the date I see nothing that would have caused me to go into it (and no other associated charge). Weird!

 

Hi ewan,

Did you claim these charges back?

I have quite a few of them, One a month going back for quite a while.:mad:

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BigCol

BigCol

Posted
Posted

kflemi16,

it depends what type of account you have/had with the RBS, some have a monthly charge (Royalties) of between £5 and £12 per month for the 'extras' that you get. Nothing useful like an official keeping a closer watch on your account or anything, but that's profiteering for you!

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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BigCol

BigCol

Posted
Posted

kflemi16,

it depends what type of account you have/had with the RBS, some have a monthly charge (Royalties) of between £5 and £12 per month for the 'extras' that you get. Nothing useful like an official keeping a closer watch on your account or anything, but that's profiteering for you! So I would assume that for this 'service' you cannot claim it back as an unlawful charge, I can be stood corrected otherwise!

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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kflemi16

kflemi16

Posted
Posted
kflemi16,

it depends what type of account you have/had with the RBS, some have a monthly charge (Royalties) of between £5 and £12 per month for the 'extras' that you get. Nothing useful like an official keeping a closer watch on your account or anything, but that's profiteering for you! So I would assume that for this 'service' you cannot claim it back as an unlawful charge, I can be stood corrected otherwise!

 

Hi BigCol,

I phoned RBS and asked about this, they said it was a charge because i went over my agreed limit. I assume this is like the £28 charge in a royalties.

My account was an R21. This doesnt have any monthly charge for any extras, so i take it that i can claim these £10 ones back but as they are under the OFT's £12, are they unfair?

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stacymason

stacymason

Posted
Posted

I'm about 10 days ahead of you and up to now they've just acknowledged the claim, no defence as of yet!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Ewan

Ewan

Posted
  • Author
Posted
Hi BigCol,

I phoned RBS and asked about this, they said it was a charge because i went over my agreed limit. I assume this is like the £28 charge in a royalties.

My account was an R21. This doesnt have any monthly charge for any extras, so i take it that i can claim these £10 ones back but as they are under the OFT's £12, are they unfair?

 

Ignore the OFT thing, thats only a recent addition to our arsnal, the one you need to be concerned about is that any charge not reflecting actual loss is therefore punative and so agsints common contract law. Now it doesnt cost them £10 to tell you you went over your OD and send you a letter.

 

Yes I am claiming for these amounts, you should too. I'm also route 21.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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BigCol

BigCol

Posted
Posted

kflemi16,

 

firstly I suggest you start your own thread if you haven't already, but the OFT ruling was that they suggest the charge was less than £12 and only when justified to cover any 'intervention' and they can prove it costs them. Any other charges we deem are unlawful! Go for it!

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Ewan

Ewan

Posted
  • Author
Posted

OK, I received my return and hearing dates now :) see sig.

 

Little bit worried by the thread in the scotland forum http://www.consumeractiongroup.co.uk/forum/scotland/13879-i-am-going-court-4.html

 

It seems they ended up in court as they didnt attach the terms and conditions of their conracts, Would this be worth sending to the court do you think?

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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  • 5 weeks later...
Ewan

Ewan

Posted
  • Author
Posted

Well, the bank entered a defence.

 

I recieved a letter one day later offering a partial refund, I declined and told them i would only settle for a full refund. Sure enough, a full refund is now on its way to me and the court case is being dismissed.

 

:D

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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seaweasel

seaweasel

Posted
Posted

Well done Ewan! I'm considering putting in a claim for what will probably be about the same amount (going to put in a DPA request today or tomorrow). If you don't mind me asking, do you still have your RBS account and do you have an overdraft? I'm a little concerned about them calling it in if I sue them.

 

Cheers,

Craig

Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

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Ewan

Ewan

Posted
  • Author
Posted

I still have both! There was no mention of anything closing or being removed.

 

ITs a small amount in the grand sceme of things, so I wasnt concerned. If I claimed again then It may be a different storey!

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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  • 12 years later...
Ewan

Ewan

Posted
  • Author
Posted

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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Start your own new thread

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

 

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