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


  • Tweets

  • Posts

    • Mickgibbons1
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Mickgibbons1 · Posted

      Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
    • shakeyshark
      PRA Group - Letter Of Claim - Halifax Loan £20k+

      By shakeyshark · Posted

      Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

    • lolerz
      Advice needed regarding Eviction

      By lolerz · Posted

      Please see my comments on your post in red
    • WiltshireGuy81
      Advice needed regarding Eviction

      By WiltshireGuy81 · Posted

      Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      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.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

EricTheRed v Abbey

EricTheRed

By EricTheRed
in Santander

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1914 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

NeilP

NeilP

Posted
Posted

Eric,

 

If you have no money going into your Abbey account, no payments coming out, what can Abbey do about your O/Draft?

 

Seriously though, If your claim is for more than your OD then write to them stating that the amount they are claiming you owe them (your OD) is in dispute, and until such time that the dispute is resolved you will not pay any further money into your account, and request that any interest being levied onto your account is frozen.

 

Then, when you get your claim paid, pay off your OD and spend the rest on something nice!!

 

If your claim will not cover your OD, then still say it is in dispute, but also offer an amount each month that you can afford to pay it off bit by bit. If they tried to get Debt Collectors or a Court Order against you for the OD, then you can state that you have tried to come to an arrangement with them but they have refused all your offers. This will not look good for Abbey from any angle.

 

Neil.

Link to post
Share on other sites
  • Replies 63
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Bexybexbex

Bexybexbex

Posted
Posted

I'm interested in this as well, HSBC are trying to charge me £1 per statement for the last 8 years, (last 12 months for free) I know this may be nothing compared to what I may get back but reluctant to spend money. Barclays have just charged £5 per statement but 1 statement spanning 4 years is allowed!

HSBC - £460 - first action letter sent

Barclays - £730 - first action letter sent

Virgin credit card - no action yet

Natwest - no action yet

Lloyds - no action yet

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

Some people are currently claiming, but as this is quite new I don't think they have reached settlement yet.

 

If you have not received the full charge details from the bank, you are advised to issue the DPA Non-compliance LBA and give 7 days notice of court action for that.

 

If still no reply, issue the N1 Court claim for the breach of DPA and then issue a court claim for monies based on estimates.

 

I.E. - You have 12 months of charges, equalling £300

 

6 years x £300 would be £1800, so that would be your best estimate until you are informed of correct charges by the bank.

 

DPA letters are in the Templates Library.

 

Does that help any?

..

.

 

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.

 

 

Link to post
Share on other sites
Bexybexbex

Bexybexbex

Posted
Posted

Groovy thanks for that. HSBC here I come! Then it's onto Natwest. One battle at a time.

HSBC - £460 - first action letter sent

Barclays - £730 - first action letter sent

Virgin credit card - no action yet

Natwest - no action yet

Lloyds - no action yet

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

ALL THREADS MERGED - AND RETITLED FOR CLARITY

Please try to keep anything that could be related to your claim in this thread.

..

.

 

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.

 

 

Link to post
Share on other sites
  • 3 weeks later...
EricTheRed

EricTheRed

Posted
  • Author
Posted

Well after reading Seminoles excellent thread I feel that I am now in a bit of a predicament.

 

As you can see from the above postings my overdraft has been withdrawn by Abbey and despite the fact I wrote to them begging and pleading for a pay down arrangement they have withdrawn the facility and sooner or later they will ask for a full repayment. I’ve opened a parachute account with another bank and all my DD’s are being paid (including my Abbey mortgage).

 

My current situation in respect of the claim against Abbey hasn’t changed, apart from the fact that it hasn’t been issued yet as I’ve just got myself into a position of being able to afford the court fee.

 

As you are aware my claim is based on a reasonable estimate on their claims for the past 6 years because they have failed to supply me with a list of transactions which would have enabled me to submit a correct claim. After reading Seminoles thread if my case goes before a judge then could Abbey argue that they have supplied the information in accordance with the DPA? The judge could say that they are correct and that my estimate is not correct and then order them to pay what they have taken based on the statements they have supplied.

 

I could go down the route that Seminole has taken and hold out for a full list of transactions and get into a long winded exchange of letters between DLA and the Information Commissioner or I could just issue my estimated claim and let a court decide. If it went to court and the judge requested that they provide all transactions going back 6 years should I then ask they supply this from their microfiche records thus nullifying their contention that microfiche does not form part of a relevant filing system?

 

This is causing me no end of stress at the moment and the thought of having to square up to their lawyers in court fills me with dread even though I am aware of the legal basis of the claim and will have a buddy with me.

 

My opinion is to go ahead with the claim and report them to the IC.

 

Could anybody advise please?

 

many thanks

Link to post
Share on other sites
Dessie

Dessie

Posted
Posted

I can't help much with regard to the estimation of charges I'm afraid, but I would have thought you would require exact charges info if it goes as far as court as Shabbey could just say to the court that you are claiming too much as they are aware you dont know the exact level.

 

As far as the overdraft goes, I am had the same 'review' letter and I am now getting 'you are over your overdraft limit' letters. I have contacted the Shabbey and told them that I will not be clearing the overdraft as I am disputing the charges levied on the account, yet 1 week later I get another letter demanding clearance of overdraft from a different person!

 

They will be getting a letter in reply to every they send me.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

Link to post
Share on other sites
Seminole

Seminole

Posted
Posted
Well after reading Seminoles excellent thread I feel that I am now in a bit of a predicament.

 

As you can see from the above postings my overdraft has been withdrawn by Abbey and despite the fact I wrote to them begging and pleading for a pay down arrangement they have withdrawn the facility and sooner or later they will ask for a full repayment. I’ve opened a parachute account with another bank and all my DD’s are being paid (including my Abbey mortgage).

 

My current situation in respect of the claim against Abbey hasn’t changed, apart from the fact that it hasn’t been issued yet as I’ve just got myself into a position of being able to afford the court fee.

 

As you are aware my claim is based on a reasonable estimate on their claims for the past 6 years because they have failed to supply me with a list of transactions which would have enabled me to submit a correct claim. After reading Seminoles thread if my case goes before a judge then could Abbey argue that they have supplied the information in accordance with the Data Protection Act? The judge could say that they are correct and that my estimate is not correct and then order them to pay what they have taken based on the statements they have supplied.

 

I could go down the route that Seminole has taken and hold out for a full list of transactions and get into a long winded exchange of letters between DLA and the Information Commissioner or I could just issue my estimated claim and let a court decide. If it went to court and the judge requested that they provide all transactions going back 6 years should I then ask they supply this from their microfiche records thus nullifying their contention that microfiche does not form part of a relevant filing system?

 

This is causing me no end of stress at the moment and the thought of having to square up to their lawyers in court fills me with dread even though I am aware of the legal basis of the claim and will have a buddy with me.

 

My opinion is to go ahead with the claim and report them to the Information Commissioner.

 

Could anybody advise please?

 

many thanks

 

From what you've said, you don't seem to have followed the DPA non-compliance legal path. This is set out in the FAQs and Library. This is normally the best approach to take as issuing an estimated claim without obtaining the transaction data or issuing a DPA claim could get you into difficulty.

 

In your case a valid approach would be to proceed down the DPA non-compliance path. Assuming that they are already outside the 40 days, send them a letter before action demanding compliance with a short (say 5 day) turnaround time. If they don't then comply, issue a section 7 claim. This should cost you £30. At the same time issue a claim for the charges that you do know about and have evidence for but mention in the particulars of claim that Abbey haven't complied and that you may seek to vary your claim when they provide the information.

 

In the unlikely event that Abbey don't supply the information until after the known charges claim is settled, you could issue a second claim for the amount in question.

Link to post
Share on other sites
EricTheRed

EricTheRed

Posted
  • Author
Posted

Just a thought.

 

If Abbey were to take me to court in respect of my unpaid overdraft and I then disputed the claim on the basis and that I wanted them to confirm where they got the transactional information from and was it retrieved from their microfiche records then would this shoot their current argument down in flames or are they really just stalling everybody on the SAR status? If they took action against me for recovery of the overdraft I would bet my shirt that the information in support would come via their microfiche system thus confirming what a set of vindictive b@st@rds they are and that their system is used when it is to their advantage.

 

Rant over…………….

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

My guess is that they wouldn't take any legal action (in the short term) for recovery of the overdraft. Far more likely would be that they will issue a Default Notice requiring you to repay in 28 days, with the threat of marking your credit files.

 

Should that happen, you would need to write and formally make them aware the amount is in dispute.

 

As well as the path above (from Seminole) yo might be best placed to issue a Section 10 Notice from the Template Library. They have 21 days to respond to it, and failue to reply in time leaves them open to further action. The Sec.10 effectively states that 'although I agreed you could put info on my credit files, I never agreed to you putting incorrect info on them' - that type of thing.

..

.

 

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.

 

 

Link to post
Share on other sites
EricTheRed

EricTheRed

Posted
  • Author
Posted

seems reasonable. My own claim is based on the £972 for this year and for the previous 5 years (where they haven't supplied any info) its based on incurring a £75 penalty every 60 days or so. I don't think it's over the top bearing in mind I had £972 in about 3 months or so.

Link to post
Share on other sites
  • 12 years later...
EricTheRed

EricTheRed

Posted
  • Author
Posted

This topic was closed on 03/06/19.

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

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1914 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Guest
This topic is now closed to further replies.
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...