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    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  Of course, I refuse to be held accountable - in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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RedBern v Lloyds TSB


RedBern
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Hi _ I'd been posting on another link but had the following response from Barty -

 

To be honest I would not believe what they are saying to you. How far are you along with your claim? You should start up your own thread if you haven't already, so we can keep a track on your progress and help out if necessary.

Barty:-)

 

so I'm starting my own link now...

 

Accepting that I'm gullible - and was going to sit and wait ... and wait ... (possibly) what do you suggest Barty? Do I now send the next letter from the template pack ?

 

Originally Posted by RedBern viewpost.gif

I rang the number TopCat DC gave me and left a voice message - however - about 5 minutes later I had a call from the Andover customer service dept. I had e-mailed them last night - very briefly - with my ref in the title box and a request that somebody telephone me regarding their letter as the phone was constantly engaged.

 

A very nice man has just 'phoned and said that they have a whole department dealing with these complaints and they are awaiting the OFT ruling in the next few weeks which they suspect will declare all these charges unlawful and they'll be told to make refunds.

 

Pending this however, they are prepared, in some cases, to make goodwill gestures and my paltry claim for £340 falls within the limits of what they are paying out. Whilst he couldn't guarantee that I'll get a full refund, he suspects I will!... so has asked me to wait ... hopefully this will be resolved in 4 - 6 weeks. I then said OK so, if I've not had a refund by the end of March I've to contact you again ... and he assured me I will have a response before then!!!

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Hi:)

Have you send the Prelim letter? If so I would give them 14 days and then send the Letter Before Action:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

If you have already send the LBA, you need to start the Court claim.

Good luck, if you have any questions just ask.

Barty:)

  • Haha 1

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 3 weeks later...

Hi Redbern,

 

You sound a little confused over Barty's comments:confused:

 

MCOL is short for Money Claim Online - you can visit the HMCS moneyclaim online website to start your claim online.

 

OR

 

You can pick up an N1 form from the courts, fill this in and return it.

 

Many people prefer the N1, because on moneyclaim you are restricted to a certain amount of letters, on a maximum of 24 lines when you fill in the Particulars Of Claim section. Using the N1 form you can attach a seperate piece of paper if required. Details of how to fill in these forms are shown in the Templates section on this site.

 

The choice is yours!

 

Hope that's a little clearer!:D

 

Pondfish :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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You can also download a N1 form from HMCS website in PDF format. You can fill it in, then print and give to your local County Court.

 

You can do this with the Allocation Questionnaire too. Helps if you have big handwriting

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

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  • 3 weeks later...

Hi Redbern,

 

You are limited to 6 years i'm afraid. If you want to contest charges outside this timeframe it is possible, but a much more complicated affair.

 

If you have already stated these charges in your prelim and LBA i shouldn't worry too much. Lloyds will probably note the charges are outside six years in thier defence, but all that will happen is the charges will be deducted from your total claim.

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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thanks Pondfish - I had included it - mainly because they'd sent me the copy statements with it on in the first place!! anyway it is done now ... thanks for your replies - it is reassuring.

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WAYHAAAYYY!!

received letter from Lloyds TSB today - having completed MCOL at 4pm yesterday. Whilst Lloyds TSB thank me for getting in touch again, and have already explained that their charges are fair ...etc they go on to say...

 

"Generally, we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you £516 in full and final settlement of your claim. We will credit this amount to your account within 10 working days".

 

which is fine - except that I spent £80 yesterday putting this claim in! for £510 (which is my calculation of charges to date) plus interest which is about £70(and I suppose I haven't had the money yet). If only Royal Mail wasn't so rubbish - I'd have had this letter yesterday (it is dated 26/3) So .... advice please - Pondfish - Barty - anyone - what do I do ?

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Hi

Not sure really, maybe ring MCOL first thing Monday, see if you can cancel your claim?? With you doing it 4pm Friday they probably won't have done anything with it hopefully. Obviously if it is going to cost you to cancel the claim, you would have to claim it off Lloyds. Anyone else have any ideas??

Barty:)

 

 

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!!:D :D

If I have helped, please click my scales:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Well you have given them every opportunity to settle if they want to drag things out until the last minute then I would say that they run the risk of incurring your court costs. Speak to MCOl on Monday though and see if you can stop it, if not then up to Lloyds to pay it.

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Had an e-mail response on Monday from Court - and the papers arrived this morning. So, I intend to wait to check when the money from Lloyds TSB arrives in my account - it hasn't yet. Then what?:?

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What date did you send your LBA?

 

What date did you issue the court claim?

 

Did you give them more than the 14 days stated in your LBA?

 

If so, they have settled your claim but are liable for the costs.

 

In this case ask them for the £80 costs, or give them the option of paying even more costs, if you have to get an order for costs off the court.

 

Your LBA told them straight out when they had to settle by, not x days later than that.

 

If they pay the costs, write to the court stating your claim has been settled.

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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My LBA was dated/posted 15th March - I issued the court claim on Friday 30th March. so that is 14 days, and I had sent them a letter on 1st March reminding them that they'd telephoned to say this was going to be settled - and had heard nothing - so I stuck to a rigid 14 days. Too rigid??:sad:

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If you used the LBA off this site, it gave them 14 days to settle, not simply agree to settle, with payment at some future date.

 

Unfortunately it doesnt say 14 days from the date of the letter and under court rules it is deemd served on the second day after posting, which makes it deemed served on 17th. (Unless you have proof of reciept on 16th from recorded delivery)

 

So bad news is on one hand, you jumped the gun, but here goes your arguments...

 

1) They were given 14 days to investigate and confirm they would settle (preliminary Approach) which they didnt.

 

2) They then had another 14 days to actually settle (LBA) and didnt.

 

Because they failed to agree to settle and then failed to actually settle, you issued your claim.

 

On this basis, you issued your claim and if they still want to settle, you want the costs as well.

 

3) 10 Working days from 31st March, takes you to 18th April, which is actually 34 days after your lba not 14.

 

If not you will make an application to the court for the costs and any additional costs for hearing the application, normally £65.00 and you will ask for your costs of attending the hearing.

 

Give them the choice, pay the £80 or pay £170.

 

I dont think the law specifies you must give 14 days, only that you must give notice.

 

In the ordinary course of business we only provide 7 days notice before proceedings, you gave them 28.

 

Also, why 10 days? If your account is still with them, they simply credit the account.

 

If we transfer funds electronically within the same bank it happens overnight.

 

I think you have enough arguments here.

 

Good Luck.

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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have gathered all my copies of letters and a schedule of charges to post to Court. Have respectfully asked for my charges to be refunded ... do I just sit back and wait now?

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Sorry RedBern, you have confused me?

 

Did you issue the claim through MCOL, or direct to court?

 

Have you rang Lloyds to ask them what they want to do about the court costs and when, if ever, do they intend actually paying?

 

Are you intending sending copies of letters to the court at this stage?

 

How, have you respectfully asked for your charges back?

 

Lot of questions but just seeking clarity.

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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  • 3 weeks later...

I've had a Notice of Defence that amount claimed has been paid from Court today.

 

Well - Lloyds TSB have paid £516 - I claimed £510 plus interest (and also my £80 charges) so I'm still out of pocket by the £80 costs and interest. What now?

 

and if that wasn't confusing enough - point 8 of Lloyds TSB defence is that "insofar as part of the Claimants claim is based on charges levied on her account prior to six years from the date of issue of claim, this part of the claim is statute barred by Section 5 of the Limitation Act 1980. The Defendant is unable to verify the amount claimed prior to the 2nd April 2001 as the particulars of Claim does not show how the amount claimed is arrived at". and

point 9. "The Claimants claim is denied in its entirity. It is further denied that the Claimant is entitiled to the sum claimed or to any sum from the Bank"

 

Well - they've paid £516 so what bit am I not entitled to? And the only reason I included charges that were over 6 years is that Lloyds TSB had sent me details of these when I asked for my statements.

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  • 2 weeks later...

hi,

 

as you can see - Lloyds TSB filed a defence - yes I've received £516 but I'd already paid £80 to the court and so have asked for that. Written to Lloyds TSB regarding fees - no response - and to solicitors - no response.

 

Today I've had a notice of transfer of proceedings and a form - Allocation questionnaire - to complete.

 

Advice please - I'm £80 fees out of pocket - my original claim was for £510 so not sure where Lloyds picked £516 from.

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