Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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

Kat v RBOS


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6084 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

Ah sorted it now thanks. That was really annoying me!!! Another quick question, when putting in the charge information into the 'In respect of' column do you need to put it exactly as displayed on the statement?

 

e.g. I did this:

 

CHARGE FOR CARD MISUSE

 

should I have done this:

 

CHG CARD MISUSE

POS £42.00

 

which is how it looks on the statement?

Link to post
Share on other sites

Yes it is a pain but best to give them no cause for complaints, without this info they may cause bother at court stages as there are no charges description, offcourse sometimes the statement itself says charges as notified CAN, i just reitterated this on my spreadsheet.

  • Haha 1
Link to post
Share on other sites

Grrr I thought as much. I'll have to amend it then before I send it, I'm glad I checked now! I think I'll do it tomorrow now though its getting late.

 

Thankyou for your INSTANT help, much appreciated!

Link to post
Share on other sites

42 quid for card misuse :o that is SHOCKING

 

Just checking, you know you can't claim back royalties charges??

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

In case you were still curious I just looked up that GTEE charge. Didn't find it on the RBS website, but Ulsterbank had this....

 

Guaranteed Card Payment - Payable when you informally request an overdraft by making a payment supported by cheque guarantee or Maestro where there are insufficient funds or insufficient unused agreed overdraft facility to meet to payment.

 

....I'd imagine it is the same thing for RBS? Basically means you have used a cheque guarantee / switch card to guarantee a payment when you didn't have enough money in your account to pay for it. I think that "Card Misuse" is the new narrative for this as that is what the Card Misuse charge is.

  • Haha 1

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

Oh no its not that bad, the £42 was the transaction on the day - I think POS means Point of Sale? The charge was (only) £20. Which is still bad!

 

Thanks T4FF for looking that up for me, I think that's right, there werent available funds. It annoys me so much that they alow you to use your card when there aren't funds available! And then charge you, taking it to mean a requested overdraft! :mad:

 

Especially when they take so long to take a payment out of your bank. You use your card in the supermarket and what you spend doesnt come off your account for days, and when you check your balance in the meantime you think you've got money to spend and then they go and fleece you for card misuse!!! :evil::evil:

Link to post
Share on other sites

Oh yes about the royalties charges T4FF - I dont think that applies to me, it's a student royalties acc, so I dont think there are royalties charges on the student one. There's no regular charge like that on my account. I have been charged £10 a month a lot but that was for going over my overdraft and it wasnt every single month so I've claimed for those.

Link to post
Share on other sites

Ok I've finished my schedule of charges so I can send my prelim letter now. I originally decided that I didnt want to go through adding on the overdraft interest but am now thinking about it. How do I show that overdraft interest I incurred was solely from the charges they have levied against me? Does the spreadsheet work it out for you? I had an interest free overdraft for three of the last six years. In the last three years I have gradually paid more interest year by year, in 2005 I paid interest on £500 of my overdraft, in 2006, interest on £1000 and in 2007 interest on £1500. It might not even be worth bothering with?

 

What does anyone think?

Link to post
Share on other sites

Yes you are correct, no monthly charge on the student accounts and I believe that student accounts can only be charged a maximum of £10 for most charges.

 

Assuming you are using a spreadsheet with interest columns on it, yes it will work it out for you. Difficult to say how much it will be worth without seeing figures. To give you an idea, I have a claim of £2700 against RBS and I think £500 was interest. Personally, for the extra 20 minutes it might take to put it together, even if it's £20 it's worth it!!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

  • 2 weeks later...

Hi, sorry it's been a while but I have finally posted my prelim letter after having a horrible flu for the last ten days!! It went recorded delivery so they should receive it on Monday.

 

Thanks T4FF, but in the end I didn't work out the overdraft interest, it was interest free for three years and then I only paid interest on a proportion of it so I dont think it would be very much at all. I was eager to get it off aswell so I can get the ball rolling. The full amount I am claiming for is just over £1100 which will do me nicely!

 

I'm going to set up a parachute account on Monday as well as get rid of my rbs overdraft so that they cant swallow up my charges and cancel it themselves!

 

I'll keep you posted

 

Kat

Link to post
Share on other sites

Good luck Kitkat83, but you wont need it. :)

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

Link to post
Share on other sites

  • 3 months later...

Hi everyone,

 

As you can see form my thread I started my claim ages ago but it got interrupted by a stressful time of break ups and moving out and so I haven't done anything since my prelim letter. I'm settled now and thinking about sorting my claim out. I know it's really bad to have left it and not stuck to the deadlines but I still really want to do it and can dedicate the time to it now.

 

But firstly, I know about the test case and them freezing all claims so where does that leave me? Should I continue on?

 

If I should continue, will my original claim still count? I received a letter saying they were looking into it but I havent herd anything since. I need to send my letter before action and im wondering whether I should alter the letter and put something about them having more than ample time to respond and so i'm now giving them 14 days until court?

 

Or should I start again from the beginning?

 

Any help would be much appreciated, I really hope I haven't ruined my chances of a successful claim.

 

Thanks

kat

Link to post
Share on other sites

Hi Kat send a LBA like you said adding in that you have allowed 8 weeks to respond as per the FSA. This time has now elapsed without a response and you will allow no more time than this LBA states before taking the matter to court.

 

Remember to send an updated schedule of charges.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...