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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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      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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District Judge Cooke. On a mission?


podgydad
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I have not been on this site since February. What a change in attitude I have seen tonight. I thought this forum supported people making claims, not underminded them. The fact remains that the banks are making huge profits out of disavantaged people, unfairly. Do not stop this from posting podgydad. I am sure many other members will support you.

 

It ok Anita, I'm big enough and old enough to take criticism and accept others points of view. I understand peoples concerns and respect their opinions, I hope they can do the same. I applaud anyone who reclaims their bank charges themselves and stands up to any injustice. However the reality is, no matter how much coverage this issue gets, there are a great many people who will never reclaim their charges if it wasn't for companies like mine.

 

Companies like mine will spend money marketing our services, increasing exposure of the issue. Some of the people that see that marketing will end up here and do it themselves for free. Others will be happy to pay a fee so that they can watch The Apprentice instead of reading this site, writing letters, and launching court claims. Thats capitalism for you, as long as there is someone prepared to pay a fee for a service, there will always be people prepared to offer that service.

 

This industry is in its infancy, and it will mature over time, just as this site has. Yes there will be cowboys, and that's why we welcome regulation. Yes its primarily about making money, but it is immensely satisfying to see the difference this money makes to the lives of our clients.

 

Its easy to jump to conclusions and demonise the whole industry, however I for one intend for our company to act ethically and offer the best service we can to our clients.

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Yes I did sign the N1 FORMS and I will pay the fee for the help the company has given me as for various reasons, i just couldn't do it on my own. But the thing that worries me is that the company would have represented me in court if it got that far-but wouldn't that be illegal to do so?

Im a bit confused?

caroline

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In the Times yesterday.........

The Lord Chancellor has been forced to disclose that he holds a list of JUDGES disciplined for misuse of their computers, including viewing PORNOGRAPHY!!!

In it first ten months, the Office for Judicial Complaints has investigated 1,434 complaints against judges and other juducial office holders.

Maybe Kev should have taken his documents inside a recent copy of Playboy :D

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Destinyofsouls

it's going to be edited you know that dont you. :eek:

Thanks lillboy

 

 

 

Bogus Charges £499.00 LBA 1/06/06

Refund of £299.00 now sent Data Protection Act:)

 

GE Capital NEXT

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Destinyofsouls

it's going to be edited you know that dont you. :eek:

 

I'm certain I saw Judge Cooke in a restaurant the other night, I very nearly went over and said hello :-)

 

Car2, you need to clarify with them who exactly will be representing you if your case is actually heard. WIll they be representing you as a civil representative or will they instruct solicitors? Did they prepare the N1 for you, or was it their solicitors?

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Hi

 

After reading the transcript of the case, while it seems like a set back, i think Judge Cooke may have done us a favour. As long as you can attach Terms and Conditions to the court bundle, and as long as they infer ie "keep within overdraft limit" etc the breach that was missing in Kevs claim will be proven under contract law and the fees will be deemed penalties and not service fee, and will make things alot easier for us all. I am hoping the TCs get uploaded here soon as i have lost mine and my transfering of proceedings are through now.

 

Cheers

 

Bonane

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Companies like mine will spend money marketing our services, increasing exposure of the issue. Some of the people that see that marketing will end up here and do it themselves for free. Others will be happy to pay a fee so that they can watch The Apprentice instead of reading this site, writing letters, and launching court claims. Thats capitalism for you, as long as there is someone prepared to pay a fee for a service, there will always be people prepared to offer that service.

And whether they are qualified to do it or not,!! hmmmmm personally, if I was claiming to be a Claims Management's Consultant and I had to join a forum so I can ask lay people's advice in order to assist my clients instead of having to rely on my own expertise and knowledge i would be too embarrassed to take their payment, there is always someone wanting to get rich of some poor unfortunate person's back and let other people do the donkey work whilst reaping the rewards. thats job satisfaction i suppose

However this is only my opinion, as a layperson!! and I also love the Apprentice, don't you?:rolleyes: :rolleyes: :rolleyes:

 

Pen

 

 

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Companies like mine will spend money marketing our services, increasing exposure of the issue. Some of the people that see that marketing will end up here and do it themselves for free. Others will be happy to pay a fee so that they can watch The Apprentice instead of reading this site, writing letters, and launching court claims. Thats capitalism for you, as long as there is someone prepared to pay a fee for a service, there will always be people prepared to offer that service.

And whether they are qualified to do it or not,!! hmmmmm personally, if I was claiming to be a Claims Management's Consultant and I had to join a forum so I can ask lay people's advice in order to assist my clients instead of having to rely on my own expertise and knowledge i would be too embarrassed to take their payment, there is always someone wanting to get rich of some poor unfortunate person's back and let other people do the donkey work whilst reaping the rewards. thats job satisfaction i suppose

However this is only my opinion, as a layperson!! and I also love the Apprentice, don't you?:rolleyes: :rolleyes: :rolleyes:

 

Pen

 

 

 

I don't remember asking for advice, could you point out the bit were I asked for any advice? I was simply sharing information with regards to Judge Cooke as I thought it was topical. But you're right, its terrible that some person has chosen of their own free will to use a company to get their money back. They should be forced to do it themselves or not at all.

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personally i think judge cooke is out to get his name known and on that note i shall not utter another word.apart from it is a minefield and if i could afford not to do it by myself i would certainly employ somebody else!!

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I would just like to say how surprised and shocked I am by the ridiculous attitude some people have towards claims management companies. It is the behaviour of the people who run them that causes the problems, not the businesses themselves. There are 10's of thousands of people in the UK who would say good things about CMC's and the attitudes being displayed here are both ignorant and thoughtless. Did you right off every doctor after the Shipman case, every school caretaker after the tragedy in Soham? No, I didn't think so. It is every mans right to choose how he earns a living and, as long as you treat people with honesty and respect and conduct your business in an honourable way then where the hell is the problem? Have any of you ever actually worked in a CMC, if you had I think your attitudes would change, especially after seeing the thousands of thank you letter from happy and satisfied clients. Too quick to judge methinks....

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personally i think judge cooke is out to get his name known and on that note i shall not utter another word.apart from it is a minefield and if i could afford not to do it by myself i would certainly employ somebody else!!

 

And you are at liberty to do that if you so wish. The point is, where do you draw the line? I've helped a number of friends, relatives and neighbours to reclaim their charges - all successful and FREE of charge. I recently had some chancer putting a flyer through my letterbox offering to reclaim bank charges - for a fee of 10%. What annoys people on this site is that there are people who give a lot of time and effort for free and then there are people like Podgydad who charge. That's not going to change, but if you are seeking to jump on the gravy train, perhaps this is not the place to make that known because it really gets on some people's nerves. Rant over. Goodnight.

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OK Lets see, Hmm CCA & Settled Claim, The Link & Cover Plan, RSB and Credit Agreement Application, Bailiffs and agreement Plan, Etc, Etc Etc, ring any bells.

Petcat, i could not agree with you more, and if i could afford it so would I pay someone to do it for me, but then if i could afford it i would probably not worry about reclaiming my chargers. please do not get me wrong, there are a lot of people who are owed hundreds if not more in penalty chargers and are unable to claim them themselves not because they would rather sit at home watching TV but for many reasons such as the elderly or disabled to name a few, and the service you are supplying is an important one. there are many excelent CMCs around and if people want to pay for the service well thats there choice, and a good one if that is the help they need, some cases are far too complicated and need an expert.

 

The problem i have with this is that if I needed to go to a CMC and was paying for that service I would expect them to be Qualified in Consumer Law. If after I employed them they informed me that they would find the information they needed to win my case on a forum simply because the did not pocess the knowledge themselfs I think I would take my service somewhere else and maybe claim against them for misrepresentation. I am sorry I don't know how else to explain it other then if I employed a brick layer to build me a wall i would not expect them to bring a DIY book with them.

 

As I have said this is only my opinion and many or most of you may not agree with me and thats fine, This is a fabulous site and i have said that many times over, the support I have received from members who i now consider friends has been unbelievable. I personal just think it is wrong to charge someone a fee for a service when they obviously need to rely on a forum as their guide book.

I am sorry if I have upset you in my comments, it has not been my intention. It is just how I feel and as shown be petcat a lot of people do agree with what you are doing.

 

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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I would just like to say how surprised and shocked I am by the ridiculous attitude some people have towards claims management companies. It is the behaviour of the people who run them that causes the problems, not the businesses themselves. There are 10's of thousands of people in the UK who would say good things about CMC's and the attitudes being displayed here are both ignorant and thoughtless. Did you right off every doctor after the Shipman case, every school caretaker after the tragedy in Soham? No, I didn't think so. It is every mans right to choose how he earns a living and, as long as you treat people with honesty and respect and conduct your business in an honourable way then where the hell is the problem? Have any of you ever actually worked in a CMC, if you had I think your attitudes would change, especially after seeing the thousands of thank you letter from happy and satisfied clients. Too quick to judge methinks....

 

Call me ignorant and thoughtless if it pleases you but the point is that this is NOT a CMC - it is the CONSUMER Action Group, so maybe you've come to the wrong place. The clue is in the name. And no, I'm very pleased to say that I have never worked in a CMC. I'm a university lecturer and no doubt earning a lot less than you. But I don't feel the need to justify what I do, unlike yourself. Sorry Will Scarlet, but you are not Robin Hood, not by a long stretch.

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I have to admit I agree with the OP.

 

I do think Judge Cooke is on some sort of mission.

 

I hate to think what this mission is ,

 

And from looking at your post his judgment does seem to be awray.

 

The only conclusion I can make at this moment in time is he has made a very bad error of judgment in his recent bank charges case, but he did his job as best he could, having said that for a judge to look on the internet for evidence is astounding.

 

I do wish to thank podgydad for bringing the other matter to light he did not need to do this, and he opened himself to some horrid comments in the process.

In my opinion this just strengthens the allegations put forward that he is definatly on a mission to end the bank charges row once and for all.

 

I just think he has opened up a can of worms, a can that the banks in the months to come will wish the lid had been left firmly closed.

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