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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

Intelligent Finace


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Ok so I sent off my initial letter to Intelligent Finance, IF refused to budge on my Bank account but advised that they are "Reffering my credit card account to Halifax Card Services how (instead of who) deal with IF Credit Cards" - Very Intelligent if you ask me. Gave me such a warm and comfortable feeling inside as it almost felt my letter had been personally typed. I wonder why they call themselves Intelligent Finance...

 

Well anyway I am sending a second letter regarding the bank charges and will wait to see if I hear anything about the Credit Card.

 

I will keep you all updated.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Sounds like an oxymoron doesn't it? Like "police intelligence" and "hard-working student"*

 

Good luck with this and the other two claims.

 

 

 

 

* Sorry! Couldn't resist...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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lol yeah definately.

 

I have already sent two letters previously dating back to early last year. I can't see how they are a responsible lender when it took them two years and £2000 in interest and charges before defaulting me and finally sending it on to a Debt Collection Agency!

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Of Course that goes without saying hence me fairly receiving £80 a month in charges for two whole years! Some it was interest though so it worked out around £60 per month. Was very helpful when I was paying £50.

 

That nationwide advert which is currently showing is so true, I bet these charges pay for the bubbly at the Shareholders meeting the *******.

 

Perhaps at 18 I should have read the Terms+Conditions.

 

Anyway who in their right mind would give an 18 year old a £2000 limit and expect them to behave.... it's suicide. Well it was in my case anyway. Very responsible.

 

Well I live and learn :)

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Well, on my mission to claim charges I thought I would speak to Blair Oliver and Scott Debt Collection agency to get info on my account.

 

It seems IF LOVE charges. Six months after the debt being passed to debt collection (bearing in mind it took them two years), they added another £400 in charges which wiped any progress I made in paying it off. Thanks, that's very Intelligent.

 

Also to my dismay, I have been charged up to 30 pence per time when IF have sent me a letter. I was fuming. Tomorrow I am going to call IF and Wrap this up once and for all because simply they have overstretched the mark big time.

 

I will keep you posted.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Well I got nowhere with this.

 

I ended up going in Circles between IF, Halifax Card Services and Blair Oliver Scott Debt Collection agency.

 

So, I have written three letters, each record delivery to all of the three above. I might get somewhere then...

 

Will let you know what goes on.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Hi I have been looking for a link with Intelligent Finance as yesterday I sent a DPA letter for statements for the past 5 years, I have a loan with them as well so another letter is going out to them for charges on that as well and I had a mortage with them and I know I had charges on that as well.

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Good Luck with your claim! Intelligent Finance have been the hardest to deal with for me. I have been trying to get charges back since October Last year. I did manage to get some back, I am now trying to get the rest!

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Another update,

 

I called Halifax Card Services and it seems their position is quite clear. They don't beleive the charges are unfair and refuse to refund them. I spent about 30 minutes stating my case mentioning it took them two years to default me and that as a result I incurred all these charges. As a result they have forced me further into debt!

 

He said had I have complained before it was passed to debt collection then I might have got the charges back. Thanks I said. Here's what you could have won!

 

He said that my letter has been passed to the debt collection agency. What a lot of good that will do! I am going to wait until the 15th July and if there has been nothing positive I shall consider filing a claim in the court.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Received Letter from Halifax Card Services Today.

 

They are investigating my query and will respond within four weeks inline with the Financial Standards Authority.

 

So not sure if this is a result of my phone call as it seems they are now escalating it.

 

Will keep you updated.

 

One More Update.

 

I had written about my current account which I was overdrawn by £60 when I had lost my Job. Over the time they didn't send the account to collection the amount of £60 turned into £645. Admittidly I could have handled the problem much better but with the stress of all my other debts at the time, I panicked and didn't know what to do.

 

Quite a lot of easy money for them.

 

I wrote a letter to them and they refused to refund, I wrote a second and a third letter and still they refused to refund. Saying that the charges were in accordance of the Terms and Conditions etc.

 

Well I called the debt collection agency about my credit card and thought I would confirm the current balance I owe on my current account. Apparantly there are proposals for the current account debt to be written off, no confirmation yet but I am keeping my fingers crossed!

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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  • 2 weeks later...

I have received a reply from Halifax saying NO we won't refund your charges. I called them up again and the Lady on the phone listened to my side of the story and agreed that the charges I incurred were unfair.

 

In the letter I received it states that debt collection proceedings are normally made after eight months of continuos arrears..... right ok so why was it 26 months after this eight month period that mine was eventually passed on? Stupid me thinks as it was quite clear in my letter to them so surely they could have realised?

 

So I ask what the lady I spoke to could do, she said nothing as they have no information about my account. Great so I have to talk to Intelligent Finance again, to which she replied yes. I can see a big circle here.

 

Well in the end she said if I can send in the statements for my account then they could look into it further so tomorrow that's what I will be doing recorded delivery.

 

Will let you know what happens.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Make sure you send copies! You'd be surprised what goes missing in large companies...

Nationwide - £80.00 refund agreed 01/06/06

Halifax Current Account - £132.75 refunded 07/06/06 (I won without asking! See this thread)

Intelligent Finance - £941.23 (including interest and court costs) refunded in full 09/06/06

smile - £255 refunded 30/06/06

GE Money - £195 refunded 01/07/06

NatWest - £4,801.15 (including interest and costs) refunded by cheque 14/02/07

Capital One - £40 refunded 06/06/06 - another £16 refunded 21/07/06

Barclaycard - £72 refunded 03/07/06

American Express - £300 refunded 05/07/06

Halifax MasterCard - DPA request sent 19/02/07

Co-operative Bank - DPA request sent 19/02/07

 

Total charges refunded (inc. Interest) - £6,831.98!

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Yep done that, fortunately I scan all documents I receive into my computer incase I ever have the need for them :)

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Hmmm,

 

Seems Intelligent Finance would like to speak to me as well, they have telephoned me. I will call them tomorrow to see what it is regarding. And don't worry I won't let them scare me.

 

I shall keep you updated!

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Share on other sites

Well not to worry about the phone call. It was about another query I had with them and some missing payments that were not taken off my balance to the tune of £200.

 

They admit they made a mistake and have adjusted my balance.

 

I am still fighting the charges and the length of time it took for me to be defaulted. 34 Months to be precise. Outrageous.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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  • 2 months later...

An update.

 

I have received interest and charge refunds from my loan account. The reason that I received this was because upon checking my credit file, the balance they had recorded was much higher than the actual balance. I wrote to them explaining the data protection act and that I wanted the correct information recording. They wrote back saying they would do this and also that they would refund the interest and arrear charges for the account. I am yet to see how much this is because their balance does not match that of the debt collection agency. Such a pain.

 

I am not going the legal route with my credit card. I am awaiting a decision on what they intend to do. I am also preparing my case for the Financial Ombudsman incase they grant referral rights. Because of the situation I was in at the time, and the fact that the account was transferred without any notice to me to Halifax, the fact that their is a £500 difference in the balance on my credit file and the length of time this matter has taken, I think that this would be most appropriate for me.

 

My current account, I am hoping the remaining balance will be written off as it is just a collection of charges. I am awaiting a decision on this.

 

I will keep you updated.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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  • 3 months later...

Hi,

 

After 12 months of Letters my query was final brought to a close. My current account was written off and I received £900 back in charges and interest on my credit card which has been taken off the balance I owe. I have also received a refund of Interest on my Loan Account.

 

The only way to get somewhere with IF is to persist.

 

Thanks

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Share on other sites

Good to hear you beat them! Congratulations, and you're quite right - persistence is the key.

Nationwide - £80.00 refund agreed 01/06/06

Halifax Current Account - £132.75 refunded 07/06/06 (I won without asking! See this thread)

Intelligent Finance - £941.23 (including interest and court costs) refunded in full 09/06/06

smile - £255 refunded 30/06/06

GE Money - £195 refunded 01/07/06

NatWest - £4,801.15 (including interest and costs) refunded by cheque 14/02/07

Capital One - £40 refunded 06/06/06 - another £16 refunded 21/07/06

Barclaycard - £72 refunded 03/07/06

American Express - £300 refunded 05/07/06

Halifax MasterCard - DPA request sent 19/02/07

Co-operative Bank - DPA request sent 19/02/07

 

Total charges refunded (inc. Interest) - £6,831.98!

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