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    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

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


calvi36
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Do you think a judge has ever needed to reclaim charges? i dont! it is normally the poorer people that get walloped with charges etc......and usually when they are skint...remember the old saying ROB THE POOR TO FEED THE RICH, it is changing slowly but it will change. Robin Hood tried a long time ago we have just picked up where he left off!

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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Do you think a judge has ever needed to reclaim charges? i dont! it is normally the poorer people that get walloped with charges etc......and usually when they are skint...remember the old saying ROB THE POOR TO FEED THE RICH, it is changing slowly but it will change. Robin Hood tried a long time ago we have just picked up where he left off!

 

The spirit of Robin Hood is one thing and is an admirable mythos in the extreme, but the Hooded man's corporeal reality is sadly less fixed in facts.

 

Otherwise I agree entirely with your sentiments although I still - thirty years and more later - still chuckle at the Monty Python Hood refrain:

 

"Steals from the poor,

Gives to the rich,

-- silly bitch..."

 

And yes, the poor and less well off are so disenfranchised that they are hunted with relative impunity. Has it ever not been so?

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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Very well put, Shoestring. I dont think i could have said it better,

Most Consumer Action Groupies will agree.

 

Monty Python did a lot of comedy but not as much as the "bankers", although i found Eric and his friends a lot funnier.....

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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It is great to see so many individuals winning against the greedy banks. The thing is though the banks will not really get hit unless many, many more people start to claim. My guess is that the majority of customers will not bother or be too intimidated to begin the whole process.

It would be great if CAG began a class action! That would force the banks into repaying all the money that they have no right to have taken. The Swiss banks in the 1990s lost a class action and had to repay many millions to relatives of Holacaust victims after shamefully using delaying tactics for years. It can be done!

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The Solicitor who has been giving me little bits of help and hints in my claim against the RBOS, has now put in a claim..... believe it or not to reclaim HIS Bank Charges.....I told him good on him!!!!

 

sparkie

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The Solicitor who has been giving me little bits of help and hints in my claim against the RBOS, has now put in a claim..... believe it or not to reclaim HIS Bank Charges.....I told him good on him!!!!

 

sparkie

 

 

I hope you charged him accordingly for the advice you gave lol.

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lol sparkie, I would have haggled my arse off in that one. You could have responded the only difference between lawyers bankers and crooks is that the crooks normally wear ski masks!

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It would be great if CAG began a class action! [...] It can be done!

 

Not in the UK, it can't. As far as I am aware (ICBW), in general we don't have class actions in this country - a handful of test cases are put forward, played out to a judgment, if they match a precedent is set and the result passed on to everyone else. Therein lies the problem.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Not in the UK, it can't. As far as I am aware (ICBW), in general we don't have class actions in this country - a handful of test cases are put forward, played out to a judgment, if they match a precedent is set and the result passed on to everyone else. Therein lies the problem.

 

The class action is not always the remedy it appears. For it to work fairly you need a leading lawfirm that is honest and trustworthy. In the US there have been numerous cases where class action lawfirms have negotiated a deal satisfactory to the defendant and then sold that deal to their class litigants. The lawfirm walk away multi millionaires and the class themselves can now afford to buy a new dishwasher... and the defendant whistles on his way to the bank to authorise the payment.

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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Couple recover £25,000 from bank

A couple whose hotel business collapsed due to the foot and mouth outbreak six years ago have recovered £25,000 in overdraft charges from NatWest. Alan Abrahams and his partner Valerie Knight-Gibbons were in the red for four years as they struggled to keep their hotel going on the North York Moors.

An appeal to the Financial Ombudsman Service failed, so they sued instead.

Now they have banked the second of two cheques, to join thousands of other successful bank charge claimants.

"We are very elated, there is some justice in this world," said Alan.

Slow death

The couple's eight bedroom Moorlands Hotel was in Castleton, not far from Whitby in the North York Moors national park.

o.gifstart_quote_rb.gif We always thought tomorrow would be better but it never happened end_quote_rb.gif

 

 

Alan Abrahams

 

When foot and mouth disease hit the country in 2001, their business just dried up.

"It died a slow death," said Alan.

"People abandoned bookings, the following year's bookings never came through - and our debts were rising," he said.

They continued trying to stay afloat, courtesy of their overdraft with the NatWest.

"We always thought tomorrow would be better but it never happened," said Alan.

"All the time the bank was gorging itself on the account with the charges; never once did they question if we could carry on in business."

Setback

Alan described that experience as "four years of hell", especially as a repayment claim to the Financial Ombudsman in 2003 ended in failure.

 

NatWest successfully appealed against an initial award of £35,000.

The hotel finally closed in January 2005 and the couple decided to become property developers, obtaining planning permission to convert it into luxury apartments.

They have now done this and have paid off their bank debts.

In the meantime they started writing to NatWest, again asking for their money back.

They were prompted by the Office of Fair Trading's statement last year that it thought that bank overdraft charges should be reined in, just like default fees for credit cards.

Settlement

NatWest claimed that Alan and Valerie had no chance of winning in court.

o.gifstart_quote_rb.gif It's not the money, it's the sense of achievement, getting something back that was taken from you end_quote_rb.gif

 

 

Alan Abrahams

 

"The bank would throw everything in our path to put us off," said Alan.

But as with so many other claimants it eventually settled before a court hearing.

It said it would be uneconomical to contest the case and it offered the money, just £2,000 short of the full claim, as a gesture of goodwill.

A cheque for £5,126 was paid last November and another for £20,198 came last week.

"It's greatly important," said Alan.

"It's not the money, it's the sense of achievement, getting something back that was taken from you. I'm so happy."

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That is me folks. So ihope it can be an inspiration to everyone to continue their claims with some confidence and claim what is rightfully yours

gfx.cgi?page=204_0&font=big&channel=bbc2

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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Congratulations. And yes it is an inspiration. And interestingly a point made in an earlier posting as to whether judges would be claiming. And the solicitor yes a solicitor claiming. Well the judge maybe not. But the solicitor i can well see that. My sister is a barrister working through the family courts. And her debts are huge. And so are bank charges. Tom will probably understand the way barristers are paid if not doing private work. They have to wait months and month for there money to be paid. I would imagine there are more barristers claiming than we actually think. My sister has been near to bankruptcy on more than one occasion.

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  • 2 weeks later...

The J is ''still working'' on the case, we'll just have to patient. But an appeal from the losing side is inevitable.

 

It appears the lad is preparing to go ''toe to toe'' with another foe which

by all accounts ''should be fun''.

 

Dontcha just luv im?

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Nope. It's been so long I think even TB himself has forgotten about it!

But in the meantime he's been keeping himself busy lining up his next opponent(s) and has taken to treading the boards (edit) if you fancy going to watch the lad in action.

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crfx, why did u post that link? Not helpful at all! TB has already stated, awaiting judgement, once judge has had time ro recover from his hols, judgement will be given, there is no rush. We hav e had decades of banks and their charges so hey ho captain jack, a few more weeks will not matter.

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Sorry I should have said, he's on the stage in the spoof Eurovision production this week.

 

But I'm struggling to understand the point of the remainder of your post.

M'learned clearly led both parties to believe a judgement would be made

in ''a couple of weeks''. After that time had elapsed he then decided to

swan off on holiday, return and we're still waiting. It's hardly surprising

then that posts appear on this thread asking ''Anyone heard anything

yet'' and ''who knows what happend with tom brennan case?''.

 

Your assertion that ''there is no rush. We hav e had decades of banks and their charges so hey ho captain jack, a few more weeks will not matter'' lies in stark

contrast with an earlier post that excitedly pronounced ''I so cannot wait to see how they respond in court'' made by one calvi36.

 

Any delay can only work in the bank's favour.

 

And I would suggest that when you've got your tackle and career on the line, a few weeks probably does matter.

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