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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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      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.

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      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.

NinjaWiz vs Alliance & Leciester

NinjaWiz

By NinjaWiz
in Alliance & Leicester

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NinjaWiz

NinjaWiz

Posted
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Posted

Hmmm

 

oh well ive sent my Prem letter now so not a lot i can do to claim that too

 

they do word it funny on the statements, i claimed all the Unauthorised Overdraft Charges but pre to 2005 the Monthly Overdraft Charges were £25 which led me to think that it was a charge for using my overdraft and unclaimable, i would of thought they would of called it a penalty charge if it were a penalty.

 

Oh well

 

its only £500 left and sometihng is still better than nothing!

 

Thanks

 

NinjaWiz

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MARTIN3030

MARTIN3030

Posted
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They dont accept that they ARE penalty charges...if they listed them as such they would be making admission of that fact.......something they just dont do !!

 

 

:)

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

looking wont get you your money back they should be ACTING .....

 

4 days then and show them you mean business and unlike them its not just talk.

 

 

:)

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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caro

caro

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I suggest that you add on all the £25 penalty charges on an updated schedule when you send your LBA. You could just add a sentence to the effect that since your last letter you have noticed additional charges not previously listed.

 

Alternatively you could do a second claim later for the extras, but you might as well save yourself the bother.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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NinjaWiz

NinjaWiz

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LBA Sent today!

 

Caro - I decided not to add on all the other £25 Monthly Overdraft Chages just incase i wasnt meant to claim for them and it stopped the whole thing going through, as i still cant seem to find a definate answer if these are claimable (i guess the £5 ones arnt but no idea what these £25 ones beforee 2005 are) I am more than happy with £1600 so that'll do!

 

Right another 14 days to wait

 

NinjaWiz

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NinjaWiz

NinjaWiz

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Today i received a letter back from A&L

 

Saying about how there charges are clearly shown, and that there has been no consultation between the Banking Industry and Office of Fair Trading about current accounts Blah Blah.

 

Is this the standard reply yeah?

 

So i still give them the 14 day deadline and then off to money claim i go?

 

Ninja

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MARTIN3030

MARTIN3030

Posted
Posted

Fraid it is.........and they go on about their terms and conditions and codes of practice (which by the way are their OWN voluntary codes and tcs)

 

 

 

;)

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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NinjaWiz

NinjaWiz

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Got another letter today just saying they are looking into it and getitng back to me within 28 days, only a few days till i file my MoneyClaim,

 

So what exactly do i need to enter on the MoneyClaim site? what address do i put down for alliance & leicester etc.. and do i just type in all the charges im owed etc? dont knwo what to expect when i have to file the claim

 

Thanks

 

Ninja

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MARTIN3030

MARTIN3030

Posted
Posted

Initially 120 quid.

If thet decide to defend its another 100 for the allocation questionaire.

 

You can log into moneyclaim and file all the claim stopping at the submit stage and saving.

This means the claim is ready to go when you have the money to pay.

Can be stoted for 28 days.

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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NinjaWiz

NinjaWiz

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Lovely Thanks Martin3030

 

Few more questions...

 

I couldnt get the Postcode to be accepted but it gave me a choice of a couple it found and one was for Alliance & Leicester PLC, Bridle Road, Bootle so i used this one (it just had a different postcode) - This is the right place yes?

 

In the Particluars of Claim box - Do i need to put a whole list of all the charges etc or just type Unfair Bank Charges and thats it? am i adding the interest at this time?

 

Does or will my claim include any issues under the human rights act 1998?

 

Do I want to reserve the right to claim interest?

 

Thanks in advance

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MARTIN3030

MARTIN3030

Posted
Posted
Lovely Thanks Martin3030

 

Few more questions...

 

I couldnt get the Postcode to be accepted but it gave me a choice of a couple it found and one was for Alliance & Leicester PLC, Bridle Road, Bootle so i used this one (it just had a different postcode) - This is the right place yes?

 

In the Particluars of Claim box - Do i need to put a whole list of all the charges etc or just type Unfair Bank Charges and thats it? am i adding the interest at this time?

 

Does or will my claim include any issues under the human rights act 1998?

 

Do I want to reserve the right to claim interest?

 

Thanks in advance

 

 

Yes Bootle

 

 

There is a nice little pieci in the bank temps folder you can modify for the claim details then paste it.It gives the sections of the legislation you are to rely on.

 

Just adjust it here and there.

 

 

No human rights issues

 

 

Yes to the interest claim.

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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NinjaWiz

NinjaWiz

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Lovely thanks again Martin, Just found that bit i need to copy in, should of gone there first. so i just copy this in.....

 

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

(but edit it to my details)

 

Do i also need to somehow put the schedule of charges in? or just that paragraph above

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MARTIN3030

MARTIN3030

Posted
Posted

The schedule of charges needs to be sent to the court.

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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NinjaWiz

NinjaWiz

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Right.... think this should be it

 

Can someone just look over this and see if it is ok to put in the Particulars of the Claim...

 

I have a contract with the defendant, ac

number 292948182 between 12/03/01 and 15/5/06

,which is conducted on their standard terms

and conditions.I am claiming the return of

money taken by the defendant in the way of

charges over the last 6 years plus the

interest they have levied on those charges.

The bank's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair(Contracts)Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and sch.2

(1)(e).In the event that the charges are not

a penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.

I have repeatedly asked the bank to justify

their charges but they have declined to do

so.

 

A schedule of these charges inc

interest calculations is in the post to you

 

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 12/03/01 to 15/05/06 of

£236.62

 

 

Do i need that last paragraph? the Money Claim site said i needed to copy that bit in if i was claiming interest (and i got the interest total from my spreadsheet)

 

If you could let me know if that is ok to submit

 

Thanks Very Much

 

NinjaWiz

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MARTIN3030

MARTIN3030

Posted
Posted

Yes looks fine.

If you have not gone over the allowed no of characters and its within the allowed 24 lines then no need to take anything out.Looks clear enough to me.

 

 

:D

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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NinjaWiz

NinjaWiz

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Hi Yvonne

 

The final text is used was...

 

I have a contract with the defendant, ac

number xxxxxxxxxx between 12/03/01 and 15/5/05

,which is conducted on their standard terms

and conditions.I am claiming the return of

money taken by the defendant in the way of

charges over the last 6 years plus the

interest they have levied on those charges.

The bank's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair(Contracts)Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and sch.2

(1)(e).In the event that the charges are not

a penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15. I asked the bank to

justify their charges but they have declined

to do so. A schedule of charges inc interest

calculations is in the post to you. The

claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8%

a year from 12/03/01 to 15/05/06 of £236.62

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MARTIN3030

MARTIN3030

Posted
Posted

No just wait.

The next thing you will probably see is acknowledged.

They then have 14 days to subit a defence (if they are gonna do this )

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

This is a little unusual but I dont think its too much to worry about.

The acknowledgement should come from the defendants when they return the response form back to the court.

Depending how quickly they do that..............

I know they can do this by fax or post.

Looks like they dragging their feet here.

 

Anyway they have time limits to respond and if they fail to do so this would go in your favour.

Have a look at some of the other threads for your bank and see how others are getting on with their mc.

 

:)

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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