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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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    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • jk2054
      Another P2G / EVRi Lost Parcel Claim

      By jk2054 · Posted

      hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
    • dx100uk
      JCI/BW PAPLOC - old Advanced Payment Solutions Ltd t/a Cashplus

      By dx100uk · Posted

      CCS? nope dx

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      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.

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      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.

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

Cap1 charges Small claim starts today **WON**

Jamboray

By Jamboray
in Capital One

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Jamboray

Jamboray

Posted
Posted

Just letting you know that I will be up to the Sheriff Court today to file my claim with Cap One. Hopefully the £39 spent!!!

 

I'll keep you posted on progress.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Spiceskull

Spiceskull

Posted
Posted

Good luck with it, and keep us posted on how it goes.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Jamboray

Jamboray

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Thanks Spice, after a few changes to the forms, I finally got it passed, not to bad, if anyone needs some help with the forms, shout up!! I'll try and give some advice. I got some help from the Court Adviser, who works for the CAB office in the Edinburgh Sheriff Court, pretty straight forward and they check it all out for you before it goes in. They think it will be the 27th June for the hearing.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Jamboray

Jamboray

Posted
  • Author
Posted

I feel honered:p I have had my 1st letter from Mr Udder, oops Mr Uddy!!

 

He wants to put it all behind us and has asked me to sign a deal worth £150 plus the £40 allready given. What should I do? :rolleyes:

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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jonni2bad

jonni2bad

Posted
Posted
..He wants to put it all behind us and has asked me to sign a deal worth £150 plus the £40 allready given. What should I do? :rolleyes:

 

£190 - for the £499 they owe you?

 

I know what I'd do- but it's not fair to use bad language on here!!

 

See them in court, get your money back and spend it wisely - that's what you should do...

..

.

 

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.

 

 

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Jamboray

Jamboray

Posted
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Posted

The summons has been served :lol: :lol: :lol: :lol:

 

Hearing date 27/6/06

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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jonni2bad

jonni2bad

Posted
Posted

Super - send your litigation in progress details to BankFodder or Bookworm, so we can update that section.

..

.

 

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.

 

 

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cubalibre77

cubalibre77

Posted
Posted

Hi There.

 

Firstly good luck with your claim,I am about to file against capital 1 and Bos credit card tomorrow, in edinburgh.

 

I have a couple of questions, what address did you put down for the defender,is the northampton one ok?, secondly I take you just go up to the reception and tell them you would like to file a small claims action?

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jonni2bad

jonni2bad

Posted
Posted

Yes - I'm sure you'll find them very helpful too.

..

.

 

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.

 

 

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Jamboray

Jamboray

Posted
  • Author
Posted

Hiya,

 

you just claim against Cap One in Northampton, they will let you go up to the small claims dept from the reception. Up there they will go through your claim and may advise you to make some changes if needed, but they are helpful. You claim Juresdiction in Edinburgh as this is where the money should be paid, provided your from Edinburgh?

You can also get advice from the CAB office up on the next floor as for Rosaland McKenna, she's keen to know how these are progressing.

 

Good Luck!!

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Jamboray

Jamboray

Posted
  • Author
Posted

Success!!! Got a reply today from Cap One, FULL REFUND AND INTEREST:D

 

They wont admit liability, but agree to small claim and that there charges are fair....yadah,yadah,yadah.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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jonni2bad

jonni2bad

Posted
Posted

CONGRATULATIONS

 

Don't foget to fill out the SURVEY !!!

..

.

 

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.

 

 

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cubalibre77

cubalibre77

Posted
Posted

Congratulations indeed!!

 

I have one question about the forms, how did you ask for the 8% interest back in section four on the small claims doc. I was told by the sheriffs clerk, that you cannot just claim 8% from the date of service of every charge,rather you need to give an actual date or something. And that normally the 8% would be calculated on the amount clamied from the date of service of the summons.

 

She also said they were getting alot of these.:razz:

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fruitycar

fruitycar

Posted
Posted

I had a chat with a CAB solicitor this afternoon about this and they thought the interest was from the date of service of the summons, so this might need some clarifying as my claim has been paid without the interest.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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jonni2bad

jonni2bad

Posted
Posted

There are 2 issues with regards this interest...

 

It is perfectly acceptable to use the supplied spreadsheet to work out interest on each charge, from the date it was incurred - but only when you reach the court stage obviously.

 

This is because, if the bank had not taken this money unlawfully on that date, then you would have retained it and could effectively have invested it, gaining interest (maybe not at 8%, but that's not your problem). As such, the courts award this to the victor, if claimed for!

 

The second part of this 8% issue is a figure that DOES start from the date of claim. You will have a figure at this date, be it charges only, or charges plus interest from the date incurred, and you mulitply this figure by 0.00022 to provide an amount of interest (typically pence) that will continue to accrue on a daily basis, until the date of settlement.

 

It is the difference between these two parts that normally causes a lot of confusion. You are, however, perfectly entitled to both!

 

**fruitycar - how did you word your 'particulars of claim'? Did you use our template?

..

.

 

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.

 

 

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fruitycar

fruitycar

Posted
Posted

I used Scotias as a template, wording in box 4

"The pursuer claims from the defender the sum of £740 with interest on that sum of 8% from the date of service of each charge (together with the cost of bringing the action)"

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Jamboray

Jamboray

Posted
  • Author
Posted

I used the excel template and the interest from the date for charges on the statements. The wording on the small claim needs to read from date of first charge to date of last charge.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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  • 12 years later...
Jamboray

Jamboray

Posted
  • Author
Posted

This topic was closed on 10 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

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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

 

Thanks

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