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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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    • lolerz
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By lolerz · Posted

      Good luck with that. Most leases don't even follow the majority of the 2002 regulations (too old) let alone the new one. The £250 cap needs to be placed in the lease through a deed of variation and good luck getting freeholders to agree to that. It's not just some magical thing that just caps it one day. Some freeholders are only reducing them through lease extensions at massive costs (essentially buying out the difference in ground rent) and if you're doing that you might as well extend on a peppercorn anyway.
    • The Phantom
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By The Phantom · Posted

      Yeah, I would confirm that anyway, as there is a separate sheet where I have to put in those details and my insurance number and driving licence number. That is on page 2 (page one is their allegations) then page three is a statement that you weren't the driver and space to give details who was driving. Page 4 is an empty sheet for a statement to explain the situation. So I will fill out my details as the driver on page 2, admitting I was driving at the time, and then attach my statement as above as a separate sheet. That should hopefully do it at this stage
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      cpttltd.com (Clone of FCA authorised firm)

      By NewsBot · Posted

      Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Man in the middle
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By Man in the middle · Posted

      Seems OK, except that you must provide your details (as the driver). Include your name, address, DOB and driving licence number. This is to comply with s172 of the Road Traffic Act. Keep a copy and get a free Certificate of Posting from the Post Office.
    • Aleafstorm
      Further Steps Notice and Notice of Enforcemant regarding court case I was unaware of.

      By Aleafstorm · Posted

      Dear all, some information/advice required please.   I recently received a Further Steps Notice about a fine from 19/03/2018 which I knew nothing about. It was regarding a vehicle parked on the street without tax ( It was covered up and there because the only key to it had been stolen, I had been away from home  and I was having trouble getting a new key cut and coded to the vehicle )  I had not made a change of address to DVLA which would be why I knew nothing about the fine until receiving the final steps notice dated 29th April 2024 and giving me 10 working days to pay, although the notice did not arrive till May 9th 2024. I emailed the London Collection and Compliance Centre on May 13th 2024 asking for any information and they sent me a copy of the original fine. It is for  £390 back vehicle tax, £85 cost and £600 fine.  I now have received a Notice of Enforcement dated 7th June 2024 demanding payment ( total £1036)  or an arrangement by 6am 15th June ( tomorrow )  My question is is it tool late now to question the £600 fine part of the total amount to be paid ? That amount seems punitive.  Would making a statuary declaration regarding having no knowledge of the original court date apply ? And any other advice gratefully received. I am on Universal Credit and apparently they have already taken £177 via benefit reductions which I wasn’t aware of, but does make it seem strange that they were also unable to contact me.    Many thanks for any assistance 

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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.

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      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.
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emandcole

emandcole

Posted
Posted

The FOS are truly making decisions bordering on total incompetance and although they are effective in some matters the whole CCA 1974 issues appear to have them in circles. I can't see this changing anytime soon so perhaps go through the motions with the FOS instead using the time productively to plan any litigation necessary in the near future.

 

Frustrating but the banks do appear immune to trifling irritations like the english legal system so what choice does anyone have when supposed regulatory bodies won't act? Best of luck with it all and keep us all posted ;)

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SPROUTY

SPROUTY

Posted
Posted
The FOS are truly making decisions bordering on total incompetance and although they are effective in some matters the whole CCA 1974 issues appear to have them in circles. I can't see this changing anytime soon so perhaps go through the motions with the FOS instead using the time productively to plan any litigation necessary in the near future.

 

Frustrating but the banks do appear immune to trifling irritations like the english legal system so what choice does anyone have when supposed regulatory bodies won't act? Best of luck with it all and keep us all posted ;)

 

Don't waste your time with FOS. IMO there will be a read across to business accounts off the back of the OFT test case. In particular small business and sole trading accounts. Sit on your hands until next Wednesday and have a look at the situation then.

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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SPROUTY

SPROUTY

Posted
Posted
I am in the very same position with barclays. After the first letter was told no way and so I complained to FOS who wrote back saying they have reviewed my case and could not uphold my compaint as the charges were not penalties!!! The charges were for DD that were not paid.

 

Can anyone help with a reply to FOS? :-x

 

OK FOS They are not penalties.....so what are they?

 

Fair charges for the service provided ?

 

A reasonable fee reflecting the amount of work involved in "not paying" a DD...how much was I charged for not taking £10 out of the cash point when there were no funds avaliable?

Oh yeh £0!!

 

May be they are elephants?

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Ibsys

Ibsys

Posted
Posted
The FOS are truly making decisions bordering on total incompetance and although they are effective in some matters the whole CCA 1974 issues appear to have them in circles. I can't see this changing anytime soon so perhaps go through the motions with the FOS instead using the time productively to plan any litigation necessary in the near future.

 

Frustrating but the banks do appear immune to trifling irritations like the english legal system so what choice does anyone have when supposed regulatory bodies won't act? Best of luck with it all and keep us all posted ;)

 

Section 78 used to state if a section 77 request of the CCA1974 isn't complied with after 30 day then the lender has committed an offence, but the "offence" bit has been removed which is why lenders hang thing out now. The OFT won't enforce the CCA, trading standards won't and the FOS take months. We have laws but no one to enforce them. How did we get to this situation?

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steven4064

steven4064

Posted
Posted

Sory to correct you Ibsys but s77(4) used to say this about a request under s77(1) and s78(6) about one made under s78(1). S77 refers to fixed loans and s78 to credit cards, catalogues, etc

 

 

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Ibsys

Ibsys

Posted
Posted

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

(b) has been struck out/repealed but is this part of 77 and not 78? Either way the lender cannot enforce the agrement if he does not comply with the 77/78 request.

 

Unfortunately, lenders drag their heals in complying to the request as the offence has been removed because they know what is going on. My real question is who enforces the CCA 1974?

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Bigdebtor

Bigdebtor

Posted
Posted
I am in the very same position with barclays. After the first letter was told no way and so I complained to FOS who wrote back saying they have reviewed my case and could not uphold my compaint as the charges were not penalties!!! The charges were for DD that were not paid.

 

Can anyone help with a reply to FOS? :-x

 

I set up a thread into "how good a job are the various publicly funded regulatory bodies doing? ". I totally agree FOS are useless. Can you subscribe to my thrread with yuour experiences?

 

Thanks

 

BD

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Ibsys

Ibsys

Posted
Posted
Not retrospectively they haven't

 

I have a problem with Lloyds and am trying to find out who enforces the CCA1974 as they have been issued with a 77/78 on May 19 by recorded delivery and signed for. I have complained to the OFT but they don't want to know.

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slick132

slick132

Posted
Posted

ibsys,

 

The OFT would not be able to help with an individual complaint.

 

But see here for a suggestion about getting the FOS to intervene - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

:)

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Ibsys

Ibsys

Posted
Posted
ibsys,

 

The OFT would not be able to help with an individual complaint.

 

But see here for a suggestion about getting the FOS to intervene - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

:)

 

Ther only problem with the FOS is they take about 6 months to even look at it.

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xukc15

xukc15

Posted
Posted

Hello everyone,

 

I'm new to this forum, I found this thread while looking for more information about claiming business bank charges. I have just been hit with nearly £300 charges for going overdrawn by £50, unfortunately in several tiny transactions. The account is with Abbey Business and I'm sole director of a limited company. I phoned Abbey today and was told that the best they could do as a good will gesture is to waive 2 x £30 fees. I am not very happy with such outcome, I would prefer all or most of the fees waived but obviously it won't happen over the phone.

 

Can you please advise me how to proceed next? I would like to write to them and reclaim the charges but I can't find an appropriate template to use. I would probably prefer to word the first letter differently and ask for the fees to be refunded as a good will gesture considering I've only had the account for a few months and haven't been overdrawn before. Would anyone please share their experience and recommend what to do as I'm getting a bit lost with all the complex cases on the forum :)

 

Thanks!

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steven4064

steven4064

Posted
Posted

Hi xukc15

 

Welcome to CAG

 

Are there other charges from before or is this it?

 

There isnt a template because there is aproblem with reclaiming business charges as they are not covered by consumer legislation and the judge in the test case said that they are not penalties. We are working on a different approach but it may not be worth it for just £300.

 

 

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xukc15

xukc15

Posted
Posted

Are there other charges from before or is this it?

 

There isnt a template because there is aproblem with reclaiming business charges as they are not covered by consumer legislation and the judge in the test case said that they are not penalties. We are working on a different approach but it may not be worth it for just £300.

 

The business is quite new, so is the account, no other fees from before. I've been reading both this forum and the Money Saving expert site and while most cases relate to much larger sums of money, there's been comments by others in a similar situation like mine. Some say they've managed to claim the fees but haven't explained in detail what they've put in their letters or how they went about it.

Is there an approach you could recommend or do you think it’s unlikely to get these charges back?

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gillymas01

gillymas01

Posted
Posted

Hi I am new to this site and have just received a copy of my husbands business bank account charges since 2003. The amount is £2247.21 he was a landscape gardener and had to take a job last year due to the credit crunch!! He has had to set up a loan to pay back his overdraft which had amounted to approx £6000.00.

Can somebody point me in the right direction for a template letter as I understand the business account reclaims are worded slightly different due to a different law??

Many Thanks

Gill

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MARTIN3030

MARTIN3030

Posted
Posted

Welcome to the site.Which bank is it ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

Ok thanks.

I suggest that first of all you spend some time reading up on this forum.

You will need to get an understanding of whats been happening in the last 12 months.

Claims for business charges differed from those of personal consumer accounts in that they were reliant soley on Common law statutes..as part of the arguement.

In late 2008,in the case brought by the OFT,the Judge ruled that charges were not penalties under common law.

We advise that claimants look at those terms and conditions that the banks submitted to the commercial court and reconcile them to their own.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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