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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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      By lookinforinfo · Posted

      I am sorry that you have come across excel -possibly the most inhumane of all the rogues that ruin parking in private car parks. i am more sorry that I have missed your thread until now. As I understand it, their artic. was parked in front of their parking sign and the Blue badge places forcing you to stop somewhere else in the car park to observe the rules. On realising that even the Blue badge places were paid places and that you did not have the correct coinage you quite rightly decided to leave. Thus you had read their terms and until you have read them and signified your acceptance by either paying or staying, you are not classed as being parked.  You have a MINiMUM of five minutes  leave. Sadly Excel do not understand any words greater than two syllables which is where their problems start. Their greed, ignorance, inhumanity, etc etc all carry on from there. However they do know that Judges do understand what minimum means and are well aware of the Equality Act  so I wouldn't be too worried about what excel  will do. Plus we still have to see their PCN and when it comes to producing a Notice that complies with the Act relating to private car parks they do not excel at that. I hope that the Iceland MD will cancel the ticket. You still have a couple of other routes you could try. The first one is your Member of Parliament will probably be happy to help as they will need all the votes they can get with an election looming. Plus your local newspaper may also pitch in after hearing your story to go after Iceland and excel. [You may notice I have not merite them with a capital E as it is definitely undeserved.]
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      How much costs did you get?
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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.

      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.

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      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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The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Wildman v Yorkshire Bank ***WON***

paulmwilding
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paulmwilding

paulmwilding

Posted
Posted

Hi Everyone,

 

I followed a few peoples cases and all of the guides in the FAQ's to get here. Here is my case so far....

 

Claiming - £3730

Interest - £894.77

Court Costs - £120

Total - 4744.77

 

1st letter issued - No reply

LBA issued - Had a reply from Neil Mckirdy to say that they wouldn't refund any charges as they thought they were fair. Standard reply I believe.

 

Issued MCOL on 06/02/07.

Defence received today (08/03/07) from Yorkshire, Kirsty Ann-Ross to defend all claims against them, and that the terms and charges are fair and I should have looked after my account etc etc....

No mention of any counter claim though. Again, I think this is a standard defence.

 

Do I just wait for the defence to be sent from the court and then send back the AQ ? Or is there anything else I should be doing in the mean time ?

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sajabu2003

sajabu2003

Posted
Posted

Welcome to cag. You'll receive a copy of their defence and then the AQ. Just spend your time reading up on the court procedure. Apart from that there's nothing else you can do for the time being.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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bankrubbish

bankrubbish

Posted
Posted

hi wildman hope you get everthing back it would be really interesting to see how you get on as im a member of yorkshire bank i think there charging me £8.00 everyday that im over drawn let us know please

 

;) bankrubbish

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paulmwilding

paulmwilding

Posted
  • Author
Posted

Had the defence from the court in the post today along with the AQ to fill out. Most of it seems easy enough to fill in, apart from Section G - Other information.....

 

I have read the guide from jonni2bad which is great, but do you have to go into a lot of detail in this section, or is a brief overview ok ? Any templates or suggestions would be really helpful.....

 

Any help is much appreciated !

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bankrubbish

bankrubbish

Posted
Posted

Hi just got your message, im new to this so i can only give an opinion although today i sent an s&r to yorkshire at the same time i`m dealing with halifax.firstly If and when i recieve a defence from yorkshire i will not let it bother me the results of other people will keep me pressing on alone

to me it would feel like their tring to scare me off with the thought of going to court, but how many banks have gone all the way as i understand it none that i know of they no there doing wrong.Lets say they go to court they lose they pay court fees and everything else but shurley now they have been convicted of breaking the law that would be a massive tarnish for a bank, and who`s going to be the first bank to risk it. As for the other info ive just read the paragraph youve read too and it sounds fine.But me personally i would keep it as short and simple as possible, fumbling on with lots of points may go against you if you say the wrong thing.I would put it to them that the penalty charges imposed on me are much greater than the cost of the corrections that had to made to my account because of simple human error, if the penalty equlled the cost of mry errors than i would gladly have paid.But the fact remains that the defence cannot produce any evidence which defends the high charges made against myself (i do have to stress that this is my person opinion towards this matter and further comments from others should also be looked at as they will have more experince at this stage) good luck yorkshire have always be a pain in the *&%$ keep pushing :)

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caro

caro

Posted
Posted

Not sure if this is what you looked at but all the information is in the link below.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

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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  • 2 weeks later...
paulmwilding

paulmwilding

Posted
  • Author
Posted

I just thought, I have sent my AQ to the court, but do I need to send a copy of that to Yorkshire or do the courts do that ?

 

Also, nice to see Yorkshire got a mention on Whistleblower last night ! And a nice bit of free advertising for Consumer Action group as well !!!

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sajabu2003

sajabu2003

Posted
Posted

You don't have to send a copy of your AQ to the bank but it is seen as being polite.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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paulmwilding

paulmwilding

Posted
  • Author
Posted

Just reading through alot of th YB threads, and most people seem to have had an offer by now......even if it is only half.

 

The AQ deadline is today, and I haven't had anything from YB. Just makes me worry a bit that I have done something wrong.....

 

Is this normal ?

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caro

caro

Posted
Posted

I didn't get an offer until well after AQ stage. YB are not consistent in their tactics and do seem to vary a bit so don't worry.

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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paulmwilding

paulmwilding

Posted
  • Author
Posted

Hi,

 

Had a copy of the YB AQ that Kirstie Ann Ross had filed. Looks a standard reply apart from they have asked for any futher action to be postponed for one month......

 

As I have read in other threads, this appears to be another stalling tactic used by YB, but is there a way or a template to use to reject or query the extra month ?

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sajabu2003

sajabu2003

Posted
Posted

I think only the judge can say if they can have the extra month or not. YB put the same thing in their AQ in my case. I haven't let it bother me as I know they will end up having to pay out. 2 weeks after my AQ deadline of 5th March I received a hearing date which is set for 7th June. Hopefully it won't be too long before you hear something about a hearing date.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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  • 1 month later...
paulmwilding

paulmwilding

Posted
  • Author
Posted

A long time coming, but had a letter from the court to say they have set a date for the hearing on 11/07/07. Hooray !

 

Not long to go now then.....

 

However, how will the Lloyds case that the bank won in the news last week affect any of these claims ??

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  • 3 weeks later...
paulmwilding

paulmwilding

Posted
  • Author
Posted

Hi,

 

I have been reading up on court bundles and checking through existing threads for information. I have been reading that more and more people are being asked to provide statements of evidence, however, when I received my notice of allocation letter from the court on 09/05/07, it stated the following 6 requests...

 

1. Each Party must deliver to every other party and to the court Offices copies of all documents on which he intends to rely at the hearing.

 

2. The copies must be deliverd no later than 14 days before the hearing.

 

3. The original Documents must be brought to the hearing.

 

4. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand.

 

5. the parties are encouraged to contact each other with a view to trying to settle the case by negotiation or narrow the issue.

 

6. Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs.

 

 

I have a couple of questions to ask...

 

Do the above 6 requests mean that I do NOT have to provide a Statement of Evidence ?

 

Will the Basic court bundle tailored to my case suffice ?

 

And for point 5, do I write to Kirsty Ann Ross again to politely ask for my money back again ? Is there a template for this at this stage ?

 

 

Alot to ask for, but it is also alot to get my head around ! The court date is on 11/07/07 and have a couple of weeks to submit my case....

 

Thanks in advance.

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caro

caro

Posted
Posted

I would suggest that you write to Ms Ross and offer to reduce your claim by the amount of their actual costs, although you will require disclosure of how this figure has been calculated.

 

I doubt she'll accept but you will show that you are reasonable and willing to pay the bank their costs for each event.

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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  • 2 weeks later...
paulmwilding

paulmwilding

Posted
  • Author
Posted

No offers or no reply of Ms Ross yet ......

 

Although my directions do not state that I need a statement of evidence, I was wondering if it is better to put one in because it seems to collate everything together and makes the court bundle look better...

 

Yorkshire's defence is all about the charges being a fee for the service provided etc etc, and there is a standard template on another thread....

 

Would it help if I put one in ?

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sajabu2003

sajabu2003

Posted
Posted

I put it in mine even though it wasn't asked for. It certainly makes the bundle look professional :p

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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paulmwilding

paulmwilding

Posted
  • Author
Posted

Court Bundle with Statement of Evidence hand delivered (All 200+ pages !) to Court yesterday, and a copy sent to Yorkshire.

 

Still haven't had anything back from Yorkshire despite me sending 2 letters in the last 2 weeks offering to pay their actual charges if they disclose them..

 

Oh well, 2 weeks today until the court date icon11.gif

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caro

caro

Posted
Posted

Won't be long now. The end is in sight although it can be a worrying time, but hold your nerve and you'll get every last penny they owe you. Remember they want to stay out of court far more than you do.;)

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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