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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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gonnabeatu V FD


indigoblue
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And so we begin, bit of a newbie here so any help would be appreciated. the story so far - Requested statements for last 6yrs on 9/3, telephone yestereday to see if they had been sent, was told the had been printed and I should get them very soon. I know im getting ahead of myself but if no i mean when im successful can i ask for a cheque as FD had colsed my account down and can i ask for it in my sole name as the account was a joint account and i no longer have a joint account the other party is happy for that to happen

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Hi gonnabeatu

 

Sounds like your statements are on their way. That's a blessing because some people have been waiting for many, many weeks. I received mine within a few days but other FD customers have waited varying times ranging from a week to a few weeks.

 

On the cheque issue. If your account is closed - when you get to the stage where they offer to settle you can stipulate that one of your conditions of acceptance is that you are paid by cheque. Other people have done that.

 

They may try and fob you off by saying they'll use the money to pay off any outstanding debits etc on your old account but you can ask for a cheque.

 

You might have a bit of a way to go before that though (hopefully not too long)

 

Good luck:)

Claim against First Direct - WON - 29th March 2007

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Thanks for that, I'm just dying to get started i'm expecting the total amount to be around £4000, as ive already looked back through last 2yrs statements and total charges are £2000, so will see when statement arrive. If anyone could clarify situation on interest, what am i claiming to start with? is it the amount on my statements that say debit interest? sorry if thats a really silly question!!

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Hi Indigoblue (have you changed your name since starting this thread by the way?)

 

In terms of interest it seems there are two options.

 

There are exceptions BUT - in general terms, based on threads and info I've read:

 

  1. You can either use the contractual interest spreadheet (look in templates section - sorry I can't work out how to create the link)

  2. Or - you can wait until you file a claim at court and then claim statutory (judicial) interest at 8%.

 

So the choice seems to be you first ask for all of your charges in full (without interest) or you claim you charges in full with contractual interest and see how the bank responds.

 

Others have claimed contractual interest and because the banks didn't go to court but settled before the hearing they've paid up (see BONG V HSBC; Madzai & Lucid versus Lloyds) including the contractual interest they've claimed.

 

Madzai & Lucid (In the Lloyds TSB section) have produced a nice spreadsheet to work out contractual interest on the charges but the Vampiress Spreadheet (in the templates ection) will work out the contractual interest you have been charged / applied on the charges the bank made.

 

It sounds complicated but isn't really.

 

Have a look at the threads on 'interest' and then make a choice.

 

Good luck

Claim against First Direct - WON - 29th March 2007

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Thank you Harvest, your help is much appreciated. No not changed my name. I'll have a look at the threads you suggested while im waiting for the statements to arrive.

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Can anyone help? Im aware that OFT will soon be making a ruling on bank charges, will this have an impact on claims? I am just a bit worried FD have taken over £2000 in charge in last 2yrs, not sure whether i should start claiming that back while waiting for the rest of the statements. i would hate to think i missed my chance any ideas please

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Thank you mad house just had a quick read, put my mind at rest a bit, Ive got 4 on the go now anyway

 

Cap one

First Direct

GE Capital

Morgan Stanley

 

with FD being the largest, the other i have sent SAR's for but expect it will be around a couple of hundred each.

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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  • 1 month later...

Can anyone offer some advice whilst having a clear out tonight I have come across some FD statements which go back to 2000, total charges of around £500, ive already sent my prelim letter and need to send LBA tomorrow, can i add these charges on or do i need to resend prelim, in which case i might as well add contractual interest (now ive got my head round it) as it adds quite a lot to my claim, any thoughts?

 

Thanks :???:

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Just a bit of an update - sent prelim to FD 14 days expired on 20/4, sent LBA on 23/4. Letter from FD arrived 23/4 saying there charges are fair and legal etc. pretty much a standard letter really. They have until 7th May to reply but I am expecting to file at court........... If/ when it comes to that some help would be appreciated

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Well nothing in todays post, so it looks like im filing, not sure whether to drop them an email, reminding them that i will be filing next week unless a full offer is received any thoughts??? thanx

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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just a quick update, completed mcol today as i hadn't had a response from LBA. not totally sure what i do now so any advice would be appreciated

 

Thanks

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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LBA expired yesterday, Ive filed online today, got my claim number - just the waiting game now i suppose

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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hello everyonecan anyone please help me,i've been offered part settlement from fd which i do not want to accept,they have also said that it will be forwared to metropolitian collection services to reduce our outstanding debt ,which in actual fact is the charges they put on my account .can they do this ?

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Just a quick question, ive filed with MCOL and it says issued on the 10th may, when do i start counting the 14 days from?

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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  • 2 weeks later...

Just had a look at mcol still just saying issued, they have until 29th to acknowledge then what?

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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can anyone help, FD have till the 29th (tues) to acknowledge my claim, what happens if they dont acknowlegde?

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Update - FD acknowledged a day late, the court accepted this so more waiting.........., should i be doing anything while im waiting, I just had notification that they intend to defend all of my claim..........

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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Can anyone help, im looking for a fax number for DG solicitors i know its on here somewhere but just cant seem to find it getting a headache from looking now!!

 

Thanx

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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