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    • and Brexit Britain err EU Greece becomes first European country to ban bottom trawling in marine parks   Greece becomes first European country to ban bottom trawling in marine parks | Fishing | The Guardian WWW.THEGUARDIAN.COM The law will come into force in national parks within two years and in all of the country’s marine protected areas by 2030  
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    • The NTK is pretty good at complying with the Act  as is the Notice to Driver so no help there. I seem to remember OPS getting hammered by a Judge [in brighton I think] so they seem to have tightened po their act since. The organ grinder is the MA and the monkey is OPS.
    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
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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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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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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
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Taking on your employer..


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Have any of the current bank workers here taken on the bank they work for to reclaim charges?

 

I know that this cannot affect your employment in any way legally, but worried about possible implications with regards to promotions etc that might be discussed behind closed doors without me knowing?

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I know from various sites that one member in senior management has and won, cannot remember if they had any implications---they were very high up and would have embarrassed the bank in court

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Have any of the current bank workers here taken on the bank they work for to reclaim charges?

 

I know that this cannot affect your employment in any way legally, but worried about possible implications with regards to promotions etc that might be discussed behind closed doors without me knowing?

I'm in the same position and really not sure whether to go for it or not, would love to know if anyone else has been successful......

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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stornoway- have you posted a PM to dave or BankFodder- it is a forum rule.

Yes, they are aware.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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  • 2 months later...
well i've thrown caution to the wind and my SAR went off a few days ago, watch this space!

Hi Jimbob - have you had any progress ?

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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I am in a similar position.

 

I have sent LBA today on two accounts, one of which is a staff account. :D

 

*keeps fingers crossed*

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Sorry, forgot about this thread I started!

 

Had some success, they have repaid all of my actual charges prior to the LBA stage, am now pursuing them for the contractual interest which at 29.9% should be a tidy little wedge!

 

And as for it harming chances of a promotion or anything like that, since starting this action, I have moved into another position within same bank, been promoted twice, and had a hefty rise to boot! :p

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  • 2 weeks later...

Well here is an update on me taking on MY employer!

 

I already had the statements so sent Prelims on two accounts, one a straightforward bank account and the other a Barclays Bank Account for Staff.

 

Usual "we are sorry you have had cause to complain" letter.

 

Sent LBAs last Monday.

 

"GOODWILL GESTURE - CUSTOMER RELATIONS" dropped in to my "ordinary" account this morning for the FULL amount (£435)

 

No letters, no responses to my letter, nothing.

 

No word whatsoever about the Staff Account strangely! ;)

 

I'm due to start my Claim this week, so will give them a couple of days and if nothing I will persue it.

 

Just thought I'd let you know how I was getting on! :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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I have knocked up a letter for a charge that I want returned, but I only have one charge.

 

If I think about it though the majority of banks and building societies use centralised admin centres so the chances of it coming back to you in any way are remote.

 

The only potential pitfall I can see is if there is a condition, as there is in my contract, that you must manage your finances prudently. That said I could always argue that I was prudent and an unlawful charge falls outside of that.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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I have knocked up a letter for a charge that I want returned, but I only have one charge.

 

If I think about it though the majority of banks and building societies use centralised admin centres so the chances of it coming back to you in any way are remote.

 

The only potential pitfall I can see is if there is a condition, as there is in my contract, that you must manage your finances prudently. That said I could always argue that I was prudent and an unlawful charge falls outside of that.

 

I know half the staff working in the office dealing with these complaints and my address is local so sure some of them will have sussed me by now!

 

Not much they can do about it however, i'm complaining as a consumer, not as an employee.

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Not much they can do about it however, i'm complaining as a consumer, not as an employee.

 

This is the basis I am using too.

 

My (real) name is very well known in most quarters of the bank (due to circumstances that would identify me if I described them here!) and therefore I worried about this for oh, about a minute! ;)

 

The "ordinary" account has been settled and my "we disagree with you, but here's your money back, now sod off" letter arrived this morning, some 4 days after the refund arrived in the account.

 

The other account, however, is marked as "Barclays Bank Account for Staff" so even the most dim-witted muppet is going to spot that I reckon.

 

I could be wrong, but I strongly suspect this is why I've only had the charges on ONE account refunded.

 

We shall See ................................:D

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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One word of caution though my contract makes specific reference to managing one's finances so if I get rumbled it could come out bad for me. On the other hand I could question the morality of an organisation forcing its employees to carry out processes which bring about unlawful activity. :)

 

I only point this out because, from the sounds of it, you're quite senior and have more to lose. On the other hand this means you're more likely to have no consequences because they would have a hard time replacing you.

 

I live very far away from our admin center and have agreed to send my letter to a colleague in another branch to verify my sig.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Well, I've checked my contract (latest one) and it doesn't have the clause you refer to in it. (I know the older ones did - probably when they used to INSIST you banked with them, as opposed to now when you can bank with whom you please!)

 

The morality question you raise is excellent and I shall be saving that one for a rainy day! ;)

 

I don't have as much to lose as you might think, as I am almost "ex-staff" - I cannot digress further unfortunately - so I'm not particularly worried. I also know what "markers" are against my accounts, and therefore I know that at least one account manager in my local branch will be less than pleased if they try anything! ;)

 

I'm hundreds of miles away from where this is being dealt with too. Although, from the conversation I had with Customer Relations this morning in relation to this account I don't think it matters who or where you are, they are simply ploughing through them one at a time. (Heart bleeds for them doesn't it!??)

 

Good luck with your claim.

 

I'll keep you updated how I get on.

 

:D

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Well, I've checked my contract (latest one) and it doesn't have the clause you refer to in it. (I know the older ones did - probably when they used to INSIST you banked with them, as opposed to now when you can bank with whom you please!)

:D

 

I work for a different bank from you and whilst there is not a clause in the contract we do all have to complete a quarterly "integrity" sign off which covers things like what to do with gifts / hospitality received from customers but also has a specific section where we have to agree to tell our line manager if we are having financial difficulties.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Hiya all

Its a dilemma ive been harbouring and worrying about until this morning myself, until......i spent nearly an hour with customer services for the fourth time in the past month to get them to answer my banking questions.

Now, Im Mad!!! I emailed them with all my concerns and frustrations as now they have treated me exactly as a customer and not an employee, i will return back in force! LOL

Ive complained by email, also still not had my statements! also gave them other information. As an employee im now embarrased that i work for a bank,

I am going to ask for all my charges back, this way i may just get listened to, and look forward to any confrontation as the type of blood i have would help me conquer all. With all the security issues on here lately, i will reveal the bank i work for once ive been successful, dont want to reveal too much as it may even be a colleague that may handle my complaint - will soon see if get called into the office to explain myself. I will just reply rather explain in a court case and will only accept the Judges word if i am to have my charges back or not. I am looking forward to my day in court but as we all really know, its not going to happen is it? So will keep my personal info private for the time being.

Will update you if any consequences occur to me though. Am no longer worried only just gone a bit crazy and determined to go the whole way with this now. Enough is enough, stand up and be counted if what my grandpa would say. God bless his soul,

have a good evening, MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I work for a different bank from you and whilst there is not a clause in the contract we do all have to complete a quarterly "integrity" sign off which covers things like what to do with gifts / hospitality received from customers but also has a specific section where we have to agree to tell our line manager if we are having financial difficulties.

 

Fortunately this does not apply to me.

 

However, how would your employers define "financial difficulties" in these circumstances? A couple of bounced DDs a year? Edging over an overdraft once or twice? Bad month? etc etc.

 

I ony incurred just under £500 in 6 years. At no time was I in "financial difficulty" as I understand it. Just careless/busy/away etc. I was charged as any customer would be, so therefore consider I have a right to reclaim my charges as any customer would be.

 

;)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Maz

 

I trust you have PM's a mod to ensure that they know you are "bank staff". It's one of the rules of the forum.

 

Everything you tell the mods in private stays that way.

 

Good luck in reclaiming your charges.

 

:D

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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  • 3 weeks later...

Even if you met thier definition of "financial difficulty" thier charges would be to blame!!!

 

BTW RBS forces employees to bank with them, a novel idea, I thought the point was to have products people actually want not force them to have the, (you have to have them even if you work for a company they own like Churchill)

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Hi I worked for a bank for 16 years, just retired. I know it costs next to nothing to the bank for returned dds and over credit limit and unautho ods. I know this because in the bank I worked for it was not a manual thing, a computer did it automatically. However, I cannot prove this, I wish I could

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mollyjacks16, go to user cp top left, once in user cp private message a mod of your choice

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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