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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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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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Pinkstar V's Natwest


Pinkstar
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Hieee!!!!..........

 

I been reading all the success stories!!!......

 

Im currently fighting it out with NatWest. I only recently started my claim with them........... im still awaiting my statements for my 1 account but my other account their 14days is up tomorrow to reply to my letter for £1400! So we shall see if they reply..... Which im not holding my breathe for and I have already signed up for the Moneyclaim site to get my claim going.... I have to admit im a little nervous in taking on the big boys But reading through everyones posts I can see it is deffiantly worth the fight!!!.. fingers crossed I get my claim for this one account settled in full and then the other account can follow suit hehe

 

=)

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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Hie........

 

I signed up to the Moneyclaim site. got myself sign in name and all of that... didnt have to do a claim straight away.. I jus wanted to be prepared for it in readiness for the 14day deadline =)

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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fingers crossed i wont =) ..

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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ok.. now i know this prolly is a dumb q and the answer is in forum... and knowing mah blind self i missed it.......... But

 

Since its coming to the end of Feb and a new charge looms on my account..... do i need to send intial letter again or can i jus add it to my LBA?......

 

Its amazing i swear they are doing this jus to make me go overdrawn !.. so they can get more money out of me tha lil buggers!!!...

 

Im still awaiting the 2nd accounts statments!...... but fingers crossed i will get them soon,.

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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and another question...... the interest that Nastywest take from you..... why on the spreadsheet does it only add up the ones that they take when your account is o/d . can we not claim the interest they take when the account is in credit?

 

Thanks!!!

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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Thanks Michael thats Great!!!!!!!!!

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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  • 2 weeks later...

ok...... I got mah statements through for mah second account today..........

 

Can i claim back the £50 card recovery fee? :-/

 

Thanks!!!

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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and can you not claim interest that they take from you before they start charging you ? :-/ They been taken interest from me months before they whacked huge charges on me

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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Guest NATTIE

pinkstar you can claim interest on the charges that have been levied NOT on legitimate interest where you have been using the overdraft, i hope that clarifies things for you

And yes the £50 you can claim back

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Thanksssssss!!!

 

Got letter for number 1 account today....... will post after dinner...... :)

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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ok letter i received today from Stuart Higley

 

Dear Pinkstar

 

Thank you for your letter dated 1st Feb 2007. I am sorry that you have concersnregarding the charges that have been applied to your account.

 

We explain all of our terms & coniditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our website and in our branches, and updates are sent out regularly to our customers. For your conveniece, I am enclosing our current terms and conditions (including fees and charges) that apply to your account.

 

NatWest has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques, Direct Debits, Standing Orders, UK debit card transactions and UK ATM withdrawals. It isalos important to us that our customers have opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through our branches, online or via our UK based call centres.

 

Whilist many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit. By reviewing such requests we provide an addiotnal service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft. These charges can be avoided entirely by arranging suitable borrowing faclities in advance.

 

For these reasons, we do agree with the basis of your complaint. We believe that the charges we levy are for providing servies and that they are not penalties or charges bfor default. Furthermore we believe that these charges are fair, reasonable and transparent.

 

Howerver, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the ammount of £1407.42 paid direct to your account.

 

To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope provided. If you would like to discuss this offer please contact the number quoted above.

 

Any charges that properly accrue in the furture will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. INstead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

I trust that this willresolve your complaint, however for the sake of completeness I am enclosing a leaflet explaining the options available to you should you wsh to take matters further.

 

Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take your complaint foward please let me know with in time.

 

I look foward to hearing from you

 

Stuart Higley

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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Ok i asked for £1406.93 but since then another £28 has been taken..... so its less than £28 short :-/ up to today's date. This is a toughy!!!!!

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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Letter for 2nd account sent today!!

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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I think im gonna settle...... with it actually being more than i asked for..... excluding the £28 but i can always claim tha back seperatly!.

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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Thanks!!........ i sent off the acceptance letter .............. fingers crossed the 2nd account will go the same :)

4th January 07 - Statement Request

30th January 07 - Statements for AC 1 rcvd

1st February 07 Letter Sent on AC 1

14th February 07 Statement Request AC 2

23rd February 07 Letter Before ActionSent on AC 1

2nd March Statements for AC 2 Rcvd

3rd March Offer Rcvd - full charges and interest (and a lil extra -wo0p)

3rd March Letter Sent on AC2

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