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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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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Tom Brennan v NatWest - This is a must-read!!!

calvi36

By calvi36
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PPMAN159

PPMAN159

Posted
Posted

I love the way that Cobbetts say that their cleint is confident that it will be successful in the final hearing and then they cave in and pay up.

 

If they are that confident then why do they not take the case to its conclusion?

 

The reason is that they know that they will lose

PPMAN159

 

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The cobbett slayer

The cobbett slayer

Posted
Posted

It's nice to see that they are being consistant.

 

The wording quoted from Cobbetts letter is identical to the letter they sent me with my cheque for £17000.

 

It proves that they are determined not to disclose actual costs. I had an order for disclosure but they settled on the day it was due.

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Guest bong

Guest bong

Posted
Posted
35k and they settled to save their costs. WHAT A LOAD OF BOL***

 

I agree. If bank won they would recover their costs from the claimant anyway and save themselves further litigation costs and settlement payouts 'cos people would think twice about claiming!!

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Guest bong

Guest bong

Posted
Posted

I'd like to see the courts striking out all bank defences on the grounds of abuse of process and being branded vexatious litigants. It can't be far off after a year of claims, surely?

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The cobbett slayer

The cobbett slayer

Posted
Posted

If (as we all know to be the case) bank charges are unlawful penalties, bravery doesn't come into it. The judge has to make his ruling according to the law. The problem is getting the banks to actually stand before a judge.

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Guest bong

Guest bong

Posted
Posted
Is there a judge brave enough to be the first to do this?

 

there have been a couple of courts sriking out on the abuse of process order on the judges own initiative but I dont know if courts operate in such a way as to make a uniform approach across all courts a possibility.

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PPMAN159

PPMAN159

Posted
Posted

So can a judge rule that a bank is wasting court time?

 

I assume that each case is allocated a time slot on a particular day and yet prior to that the banks tends to settle the claim.

 

My view is that there must be more important cases that need the courts attention so to have these cases allocated and then in effect cancelled at the last minute seems to be an abuse of the courts time.

PPMAN159

 

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Guest bong

Guest bong

Posted
Posted

I've even seen a few cases where the court has allocated a 1 minute hearing because they know what will happen!

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Mistermind

Mistermind

Posted
Posted

Those who shy away from county court cannot escape from the court of public opinion.

 

After Diana's death tabloid journalists were regarded like lepers. Now politicians are persons from whom you would not buy a used car.

 

Bankers cannot see they are becoming a public laughing stock.

 

 

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PPMAN159

PPMAN159

Posted
Posted

The banks know that even though they are having to pay back millions they will still be able to find ways to get this back and more on top.

 

There was a post on CAG yesterday saying that some one had just joined Barclays and that for every new account that they opended they were to be paid £400!!!

 

So bank clerks are now no more than salesman hiding under a different name.

PPMAN159

 

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Mistermind

Mistermind

Posted
Posted

bong,

 

Is it possible to collate a list of dates and courts which dished out strikeouts for abuse of legal process?

 

While county courts cannot establish binding precedents, judges would understandably take an interest in other judgments.

 

 

 

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Guest bong

Guest bong

Posted
Posted

It is possible by searching threads but I'm not sure if individual judges are that interested in the odd quirk here and there to be honest. It would be nice to think otherwise but I suspect that it would require a directive from a senior judge before there would be any change on a global scale.

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PPMAN159

PPMAN159

Posted
Posted

I know that the Brennan case it not specifically about the charges that have been levied but if he wins(or should that be when he wins) what are the implications not just for Nat West claiments but the market as a whole?

PPMAN159

 

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Guest bong

Guest bong

Posted
Posted

My guess is that they are piling money into defending this because they know that if they lose it will open the floodgates to similar damages claims. I don't think it would only affect Natwest either.

 

I wonder if they would take it to appeal if they lose. I think court of appeal is precedent setting.

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The cobbett slayer

The cobbett slayer

Posted
Posted

Bong - were they strike outs for abuse of process or was it that the defence was flawed under part 16 CPR.

 

I know that Boston CC threw a few out and there was almost certainly an element of judges chatting in chambers involved there.

 

I agree with the comment by PPman. Cobbetts must be raking it in. They sent a barrister to Mansfield CC to defend my application for an order under Part 18 and lost. Must have cost Natwest a fortune!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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PPMAN159

PPMAN159

Posted
Posted

If they feel that confident that they are able to defend this case why have they not defended others-they could have put a stop to this months ago.

 

I suppose that the feel that they have as Brennan has them by the short and curlies and has given them no alternative but to attend.

PPMAN159

 

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Guest bong

Guest bong

Posted
Posted
Bong - were they strike outs for abuse of process or was it that the defence was flawed under part 16 CPR.

 

I know that Boston CC threw a few out and there was almost certainly an element of judges chatting in chambers involved there.

 

 

I think Lincoln was one of the courts. they were strike outs for abuse of process because no defence had actually been taken as far as a hearing.

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Mistermind

Mistermind

Posted
Posted

RBS-NatWest are the biggest retail bank group in the world, and I believe now the biggest earning group in UK private sector. Lets say they have a ballpark 25% share of the 4.5 billion per annum unlawful charges, if so Cobbetts are defending a billionpound per annum income stream against Tom Brennan.

 

God knows what a battalion of lawyers RBS-NatWest have deployed against Tom, burning the midnight candle looking for loopholes.

 

Tom said in his Radio 4 interview he has a team of colleagues working with him -- I hope so. But this 30-year-old has been short of the readies within the past 6 years, and is currently not earning. Battle will be joined in 13 days, and I do not believe we should take Tom's victory for granted.

 

For Bankfodder (I would PM if only your mailbox were not overflowing):

 

I have 2 cheques burning a hole in my pocket -- £10 for CAG, £10 for Tom Brennan. Please tell me where to send them.

 

 

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