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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
    • Post in Some advice on buying a used car
    • People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
      It always leads to tears!
      used car.mp4

       

       
    • Pizza delivery insurance.mp4


       

       

       

      Parcel delivery insurance 1.mp4
        • Haha
      • 2 replies

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Hi everyone, I'm a newbie at this so please bear with me.

I have been a sucker with the Bank Of Scotland for almost 6 years and I am now on my second account with them as they closed my original account a year ago as I got into some trouble with it which started 3 years ago, I went seriously overdrawn due to unpaid DD's and the accumulating charges that went with them, now I started off being approx. £650 OD but at its peak the account was £2200 OD all of this "extra" was charges that took me 2 years to clear, my question is can I claim for this even though they closed the account? Also I have just been charged £39 for an unpaid DD which was for £9.99 and only had £9.44 in my account, a bit excessive I thought, £39 for 55p.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Hi welcome to the site. Yes you can claim even though the account was closed

Have a long read through the FAQs and the threads relating to your bank, then

send DPA request along with cheque or PO for all your info for the last 6 years

Good luck:D

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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Hi everyone, I'm a newbie at this so please bear with me.

I have been a sucker with the Bank Of Scotland for almost 6 years and I am now on my second account with them as they closed my original account a year ago as I got into some trouble with it which started 3 years ago, I went seriously overdrawn due to unpaid DD's and the accumulating charges that went with them, now I started off being approx. £650 OD but at its peak the account was £2200 OD all of this "extra" was charges that took me 2 years to clear, my question is can I claim for this even though they closed the account? Also I have just been charged £39 for an unpaid DD which was for £9.99 and only had £9.44 in my account, a bit excessive I thought, £39 for 55p.

 

Do you have all the statements? if you do you do not have to ask for a Subject Access Request under the Data Protection Act and you also save the £10 fee and up to 40 days wait for the information, if of course you are unsure then its wise to ask for a Subject Access Request

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Just an update - BOS has now took £39 from my account AGAIN for the £9.99 DD which I had £9.44 in my account.:mad: One more thing, can the letter templates be downloaded from the site.

 

Thanks for the great site, it has given me alot of encouragement and hope.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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DPA now sent to BOS 16th June, here we go.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Finances are looking good now, won a tenner on the lottery, LOL:D

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Well done on your good fortune - more than I've ever won. Mind you, don't you actually have to enter the lottery to win it :lol:

 

Re : what to write in the letters. The standing advice here is whilst you await the stuff to arrive from the bank, have a good read through of the FAQ section which is extremely helpful and does, as you request, provide you with the exact text to send in your first, preliminary letter once you have worked out how much they have charged you from 2000 to date.

 

Rock on :)

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Yeah I suppose you do have to enter to win, thats the DPA request paid for anyway lol, and thanks for the advice.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Just to clear something up in my mixed up head, I have two current accounts with BOS at different branches one of which has been closed for almost two years now (by the bank) and a visa cc account, can I request all the info from all three accounts from my local branch or would I have to do through their head office in Edinburgh?:???: sorry if this has been answered elsewhere on the forum.

 

Great site, makes for alot of interesting reading and a great confidence booster.:-D

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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One DPA request wil cover all acounts within any organisation.

 

You can submit the request (with payment) via your branch, or send to their H/O.

 

If you are going to your branch, make sure you get a receipt for both the letter AND the payment.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks for the info.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Update : Found my statements for BOS acoount 1, doing the prelim letter and spreadsheet to send to them on Monday, do I include the interest as it is calculated on the spreadsheet or not? Also, do I put Unpaid DD Charge or Charges As Notified on the spreadsheet?

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Leave off the interest for the time being (you claim that when submitting your claim to the court). If you have retained the letters notifying you what the charges relate to then by all means note down what they are (I did, as I'd even kept these missives from the bank), eg Unpaid direct debit, overdraft limit exceeded. For those where you don't have the letters all you can really note is Charges as Notified, given this is the entry which appears on your statements.

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Thanks Clayts you're a big help. Now where to send the DPA for my old account and my visa account, local branch or to :

 

Bank of Scotland

Customer Relations

PO Box 29112

Dunfermline

KY11 2ZX

 

Also would you put CR manager or Data Controller on the envelope?, dumb question I know but I cant seem to find a proper answer to that one. Please, could someone answer that one.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Update, letter received from Bank of Swindlers today acknowledging receipt of my Request for Refund letter blah blah blah. Keep you posted.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Received a letter this morning from Helen Martin, review manager at Halifix saying sorry I am not happy blah blah blah with an offer of £90 which is about to be rejected. Still no news on DPAs to Lloyds and BOS CC though. Could someone also let me know how I should reply to the offer made, I've seen other peoples replies but cant remember for the life of me where.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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If that was in response to your Prelim letter, just amend the LBA slightly to include "Thank you for your letter dated XXXX - I am prepsred to accept this offer as partial settlement only"

 

Anything like that will be fine.

 

If it was in response to the LBA, and the expiry is very soon, I would proceed to court. If there is still some time, a simple letter on it's own will be fine - again "I accept as partial settlement only and will claim the remainder through court" etc

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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If that was in response to your Prelim letter, just amend the LBA slightly to include "Thank you for your letter dated XXXX - I am prepsred to accept this offer as partial settlement only"

 

Anything like that will be fine.

 

If it was in response to the LBA, and the expiry is very soon, I would proceed to court. If there is still some time, a simple letter on it's own will be fine - again "I accept as partial settlement only and will claim the remainder through court" etc

 

Thanks jonni, your advice and the other Mods is great, it was the response to the Prelim letter. Good luck with yours, following it with great anticipation m8.:-D

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Ok this is what I am about to send to Halifix, edited due to there not being OD charges or a Default on the account. Please let me know what you think before I send it.

 

 

Ref: xxxxxxxxxxx

 

 

 

LETTER BEFORE ACTION

 

Dear Helen Martin,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

Thank you for letter dated 26/06/2006, I am prepared to accept your offer as partial settlement only and without condition.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £382.I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of 19/06/2006

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

 

 

Yours faithfully,

 

 

 

Could someone please tell me if I have the above correct, thanks.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Bingo :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Update : LBA sent for BOS EasyCash account, here we go.

On another note, still nothing from either BOS or Lloyds on DPAs, not even an acknowledgment.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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I know the DPA request has a limit of 40 days but can someone let me know what the average waiting time is for a response from Halifix?

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Hi WSM36,

 

We just settled with Halifax, not full amount :( but the original request for data was 4th June and still not received. Actually I think I will just check on that situation (they may have settled but still under a duty to provide the info, i think).

 

Not much help maybe but on this occasion they are slow to provide info....

 

Just another thought have a look (and join) the Halifax banking forum - there are threads on there which show how long others have waited, it might give you an idea the of timescale Halifax use.

 

Good Luck with your claim!

 

x

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Hi, thanks for the reply, I was just reading a few posts again to get an idea of the average waiting time, they really make people wait dont they.:mad:

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Yes they do WSM36:mad: but if you read the threads on "a word from the banks" as well as other authors experiences you will see it genuinely seems to be a tactic on the part of the banks. Many people will be pursuaded by finances or pressure to give up earlier and hence receive less than what is legally theirs! that must be the banks' payoff....

 

I was already familiar with the DPA but to read in light of the bank charges was what changed my mind about feeling like a naughty irresponsible bank customer... read it and OFT report - you will see what i mean. Until then I thought I was "trying it on" with the bank but that changed.

 

Hope you a successful - I will keep looking in on your thread so keep us updated.

 

xx

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