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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bank Charges - A suggestion


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this is a tough one to answer because i know the answers of the differing balances from separate mechanisms, which is complicated to explain and with regards to what will happen within the next few years.

I know things will happen and that mechanisms are in place to do so. The bank has been for years maximising fee income. I think the OFT looking into the general pricing of current accounts is not, as some might see, a view as to if they will put other charges up should the OFT set a cap, but, in my opinion, was something the banks wanted with a view to charging for bank accounts. I think i can see how it will happen so that a basic basic account would remain free within the banking system but its usefulness would be probably not make it attractive to anyone.

I came I saw I helped. I could do no more.

 

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anonman - only a few bad apples - you're not with barclays then! lol sorry bad joke. Truth is, I agree with you. I used to work for a debt collections agency (not as a collector though, I will add) and i spoke to several bank employees who didn't like the charges structures even back then, and that was before the whislte blower shows started appearing. I think it jsut stays in people's mind though when they get the bad apple, and they don't remember the others. top marks for coming here though.

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What about whistleblowing? My org has a procedure in place and I think there might be an angle here. I'll put the wording up when I can.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Why should you need to keep a float of £100 of your hard earned just so you dont go over?

 

why shouldnt the bank refuse to pay anyone if you have insufficient funds? Why charge for NOT doing something?

 

How can any customer know how much is in their account at any given time to know if they will go overdrawn and have to contact bank to plead for an overdraft extension?

 

I had a joint account at the nationwide BS and we closed the account after a few years before the next months DD went out. However the woman at the counter was a little tardy at officially closing it so we went over by just 10p, and so the charges started it wasnt long before they totalled over £2000. After much phone calling and letter writing they agreed that we had closed the account and decided we owed them nothing at all.

 

Being charged by a bank for having no money is like being arrested for being in prison or like being told youre naked when youre having a shower.

"I am more than prepared to repay any money I have borrowed, IF they are prepared to refund any money THEIR agreement doesnt allow them to charge me." Tamadus

 

Thanks couldnt put it better myself :D

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just thought id add here that it was impossible for me to overdraw myself only a cash card to my account the only way was when the bank did that for me hence a claim now for over £3000 so wasnt my doing was it

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I think that the crux of the issue is that the Banks are in the unique position of being able to obtain funds deemed to be owed to them automatically. This needs addressing. For instance, how would you feel if your garage was able to deduct money from your account when they claimed to have finished work on your car.

 

I believe that the banks should work like any supplier of services - no automatic access to your account.

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Andy is spot on, like people have said before how is it that the direct debit bounce but the charges never do?

 

If the charges are a fee for service, as they cynically try to claim, then why don't they invoice you for it? This is how garages and other types of service operate.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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And if it's for a service, you'd think that the VAT man might be interested too - it just doesn't add up.

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That, I think, is the crux of much of this. The banks unilaterally set themselves up as primary creditor, even before statutory authorities like Child Support or whatever. This has to be an abuse of their unique access to our money.

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Hi anonoman.... as you can see you have disturbed a hornets nest.Please do us all a favor.. Follow Nattie's advice..then join with all other banking staff on CAG giving sound advice.To the benefit of us all!!!!

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I used to work for a bank, that has recently announced job losses, and the staff and union were very concerned that staff were being disciplined for not reaching sales targets. Very ethical that!

I too would like to take my chances with the honest thieves and hide my money under the bed, with my very angry rottie. At leasrt i know it would be safe

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  • 2 weeks later...
And if it's for a service, you'd think that the VAT man might be interested too - it just doesn't add up.

 

Could this be a potential route to success Dave. (Probably very relevant since you made that comment- before Fridays announcement.)

 

None of the charges have VAT applied to them, yet the banks claim it is a service they are providing- why no VAT?

 

Have the banks paid VAT on these "services" ?? Can this argument be raised with the OFT to utilise during the test case?? Surely, if no VAT has been paid, then it has not been a service and the banks would lose that argument and potentially the case.

 

Am I barking up the wrong tree?

 

Comments anyone!!

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Banks are exempt from VAT they should have to pay VAT on all their purchases etc.

 

This from the HoC gives an example of how they could get around the VAT issue

 

House of Commons Standing Cttee on Delegated Legislation (pt 1)

"I am more than prepared to repay any money I have borrowed, IF they are prepared to refund any money THEIR agreement doesnt allow them to charge me." Tamadus

 

Thanks couldnt put it better myself :D

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  • 4 weeks later...

this is true, and i have a basic bank account to stop me going overdrawn etc, but when my benefits arent paid in on time, and i get charged afailed dd fee, and then a unauthorised od fee for the failed dd fee making my account overdrawn, what do i do?

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Well all you can do at present is follow the procedure on here which I know doesn't help at all in the short term (the main reason why the FSA's decision is peverse).

 

The only other thing you can do is not pay things by direct debit, I do this wherever possible because I think the direct debit system is just ridiculouslu riddled with the opportunity for error.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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  • 2 months later...

Anonman is still alive - but is no longer employed by a bank. Out of choice I assure you - it just wasn't a fun job any longer. Its all sell, sell, sell - but then that is not going to shock anyone here.

 

However, I do have some insider knowledge, and might be able to help in some ways. Not a guarantee - so no personal attacks please.

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I think you just did a very brave thing, your tone has changed noticeably. I too may seek new pastures, I like my job but I have a problem with my company acting in an a manner which is unlawful.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Hi Anon.

read your post for the first time today. i did feel for you, but on the bonus side, for me anyway, your post lead to a very intersting debate and details of experiences which i can relate to - so its not just me then.

 

very best wishes with your new job.

 

by the way. are you friendly with anyone over at LTSB? i dont think im their most popular person at the moment - keep chasing them for mis sold PPI which they wont pay back claiming time barred. could you put in a word do you think?:)

 

oops. i hijacked a bank charges thingly. but isnt it listed under general in new posts?

 

anyway im off again now. Anon so glad that you have decided to keep with the forum, look forward to reading your future posts.

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