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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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    • Madmart58
      Lost items sent through Parcel2Go and EVRi

      By Madmart58 · Posted

      Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Angryman1404
      IDRWW letter and email received this week

      By Angryman1404 · Posted

      Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  

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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.

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      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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Pliny the Penuriosus

Pliny the Penuriosus

Posted
Posted

I'm not able at this point to detail my thinking on this having not yet digested it but after a cusory glance I can say that I think the banks would be very foolish to rely on this judgement as a means of defeating claims

READ THIS:

http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html

 

Nunquam Iterum

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Sparkie1723

Sparkie1723

Posted
Posted

I agree with calvi36,

 

If only Kev had had a penalty claim as his primary issue I think it would have ended in a different outcome, I also believe that by not attending the Bank did not expect to win, and as precedents are not set in the small claims court the Bank were not particulary worried if they lost,...

thats only my view I could ....AND am most likely wrong.

 

 

sparkie1723

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Mistermind

Mistermind

Posted
Posted

Nevertheless a myth will spread from this defeat.

Laymen among the public who do not know the details,

laymen who are nervous of legal procedure will be more scared than ever.

 

Banks will be rubbing their hands with glee this morning, and their telephone monkeys will quote this verdict when they try to browbeat unknowlegeable claimants. Not a good day for the movement.

 

 

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Parkvale

Parkvale

Posted
Posted

When the banks look at this result. They won't be that overjoyed. If Kev appeals the hearing will be in a precedent setting higher court. If the appeal is presented correctly. The banks will have to reveal the true costs of their charges, and we know they won't do that. They won this case by default and offered a full settlement. Which the judge chose to ignore. So the bank had already thrown in the towel. They will not relish an appeal. I don't know what legal ways they have of stopping an appeal. Even if they try to settle with Kev. Watch this space.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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cg35

cg35

Posted
Posted

HI EVERYONE

 

i HAVE BEEN READING VARIOUS THREADS FOR A COUPLE OF WEEKS NOW , AND HAVE RECEIVED ALL MY STATEMENTS FROM HALIFAX/BANK OF SCOTLAND .

 

THE CHARGES TOTAL AROUND £10000 , PROBLEM IS I AM NOW IN AN IVA AND WOULD LIKE TO KNOW HOW THIS AFFECTS ME,

 

CAN I HAVE THE CHARGES BACK

WILL IT ALL GO TO THE IVA

WILL I RECEIVE SOME OF THE CHARGES IF I WIN

 

THE BANK IS INCLUDED IN MY IVA TO THE SUM OF ABOUT £4000 SO IM ASSUMING THIS WOULD BE TAKEN FROM ANY CLAIM I GET.

 

THESE CHARGES ARE ONE OF THE REASONS I AM IN AN IVA AS OVER THREE MONTHS I WAS HIT WITH £2500 BANK CHARGES WHICH SNOWBALLED FROM THERE .

 

I WOULD APPRECIATE IT IF SOMEONE COULD GIVE ME SOME ADVICE.

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gwildfire

gwildfire

Posted
Posted

I personally am not to worried about this having considered all the factors.

 

As many people here have statement the judge ruled that the charges were for a service and not a breach fee.

 

However I sent my court bundle off yesterday and am staying on course!

 

MY claim I included copies of the terms and conditions at account opening and current T&C's, which clearly state that it is a breach of agreement and a fee is leveid for this.

 

 

The legal argument is not that the fee's levied are for breach of an agreement which are disprapotionatley high!, which is covered under the UFCA. I have also included the listing which states that Unathorised overdraft inccurs and increased APR to cover Admin costs - so in iffect double whammy! which one covers the admin costs them?.

 

My Advice is to stay on course here, dont let the banks bully you into to settlement (if indeed they offer settlements in the future)

 

Include as much as you can, I also included transcripts of a phone conversation where a bank agent confirmed in my case they send no letters, or make phone calls and that the charging system is automatic! so how can they charge £xx for an automatic systems.

 

As a shareholder of what was formerly Abbey I also made a request for a breakdown off how the set the rates and fee's and what the actually cost to the company is! No surprise they have not responded!

 

Sorry if this reply is got a little of topic, but I just wanted to reinforce that this changes nothing! infact if anything it showed us where the holes were in the legal argument and now we can try to plug them.

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Mistermind

Mistermind

Posted
Posted

quote=gwildfire;831405]

 

I personally am not to worried about this having considered all the factors.

 

...........

 

The legal argument is not that the fee's levied are for breach of an agreement which are disprapotionatley
high
!, which is covered under the UFCA.

 

............

 

 

The full 23-page ruling is on the other thread.

Unfair Terms in Consumer Contracts Regulations 1999

"Clause 6.2. in so far as it is in plain intelligible language, the assessment of fairness of the term shall not relate...

(b) to the
adequacy
of the price of remuneration, as against the goods or services supplied in exchange."

Whatever anybody thinks how the regulation is trying to say or ought to say, this is how this Regulation is at present worded. In para 43 District Judge Cooke said the (para 43) wording used "might itself be criticised for deficiencies of intelligibility", but as it stands the wording (para 44) "prevents the court from making any determination that they are unfair." -- the word
"adequate"
empowers the court to rule the price as unfair for being too low, but not as unfair for being too high.

On both counts filed by Lloyds TSB (no breach of contract, no unfairness re UTCCR), the judge found in favour of the defendant in this one particular case. A fair summary I hope, of 23 pages.

 

 

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Cpt Black

Cpt Black

Posted
Posted

When is Tom's next hearing scheduled for?

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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photoman

photoman

Posted
Posted
When is Tom's next hearing scheduled for?

 

I thinks it's Monday !!!:eek:

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Cpt Black

Cpt Black

Posted
Posted

Ooh, cheers - will look out for reports, or news of another delay

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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Bilgeman

Bilgeman

Posted
Posted

There seems to be a current rash of bad news washing over us at the moment which isn't quite so bad once we know more detail. Let's hope it's all just glitches (God forbid otherwise) and that while we're all waiting for outcomes we can keep sight of the whole picture and not begin to panic. Every case I've begun has been successful so far, all except for my Barclays one which is ongoing. There are always going to be 'days like this'.

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Parkvale

Parkvale

Posted
Posted

Bilgeman, There are always going to be difficult situations in this fight for justice, but if you notice the banks are still settling and even the Lloyds case shows that they do not want to step into a court room and defend their charges. All the banks have huge legal backup to pull on. Yet they still settle cases without full disclosure of their true costs. So have no fear its business as usual.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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c_allen

c_allen

Posted
Posted

there is a sticky somewhere on this forum, about asking for stays to be lifted, i'll try to find the link for you

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Pliny the Penuriosus

Pliny the Penuriosus

Posted
Posted

I hope the MODs will forgive me posting this AGAIN but it's an important topic I think ALL info should shared.

 

Have just watched BBC1 Breakfast when their guy from Money Box stated that although very surprisingly this DJ had found in the banks favour it did NOT set a precedent He also said ANOTHER DJ who obviously new of DJ Cookes ruling still found for the claimant AGAINST the bank.

 

The guy was spot on & I shall be listening to Money Box on Radio 4 at 12noon today when it will again be spoken about

 

Perhaps the mods could use there powers to let everyone know about this

 

READ THIS:

http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html

 

Nunquam Iterum

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delboytrotter

delboytrotter

Posted
Posted

Once you have ruled out the impossible only the truth is left......this is why the banks still pay out

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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Celicaman

Celicaman

Posted
Posted
I hope the MODs will forgive me posting this AGAIN but it's an important topic I think ALL info should shared.

 

Have just watched BBC1 Breakfast when their guy from Money Box stated that although very surprisingly this DJ had found in the banks favour it did NOT set a precedent He also said ANOTHER DJ who obviously new of DJ Cookes ruling still found for the claimant AGAINST the bank.

 

The guy was spot on & I shall be listening to Money Box on Radio 4 at 12noon today when it will again be spoken about

 

Perhaps the mods could use there powers to let everyone know about this

 

 

 

And why dont the media grab this one with the same Gusto as they did with the one case that went in favour of the defendant.

Because the claimant winning against the banks IS NOT NEWS ANYMORE

its normal, keep the faith, claim away

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Pliny the Penuriosus

Pliny the Penuriosus

Posted
Posted

For the same reason they haven't picked up on the bailiffs bill going through now & they won't until a debtor is either seriously injured or God forbid killed by these thugs

READ THIS:

http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html

 

Nunquam Iterum

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