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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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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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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.

CASE LOST - Lloyds Tsb

gillin5002

By gillin5002
in Lloyds Bank

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Champnos

Champnos

Posted
Posted

Yes its a self help site, it has all you need! People do help people who lose out but there has not been many people who have lost and there has been great support. Where else would you find templates? help on filing N1? AQ guide? all sorts

 

Well said Broke_dave soon to be rich_dave we all hope

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Charlies Angel

Charlies Angel

Posted
Posted

Sorry that your case has gone sour - keep fighting if you can.

 

It's easy to get dispondant and i'm beginning to wonder whether i have the capabilities to see this through (my case against Lloyds of £5k was apparently transferred to Pontypridd court only 2 days ago so still waiting for a copy of th defence).

 

But

 

With regard to The bank providing a service or not - i was printing off my statements yeasterday and the following was a regular occurance:-

 

Paid out Paid in Balance

 

Balance 540.00

e.g. 11 June Mortage 550.00 10.00od

 

so i rush out and bank £50 for example - phew

 

11 June Deposited cash 50.00 40.00

 

then later on that day they do this

 

11 June Returned Direct Debit 550.00 590.00

 

 

Tell me how is that is a service to me!:mad:

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Josie8

Josie8

Posted
Posted
these cases that lloyds win really knocks your confidence if u still have claims going through, i know there are alot of successes still but the courts are starting to follow what happened in birmingam,

 

 

Yes but in both cases the claimant told the judge they hadn't breached contract. So what else was he goingto find.........the whole point about these unlawful charges are that they have been imposed as a penalty for breaching contract!!

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Charlies Angel

Charlies Angel

Posted
Posted

What i was basically trying to show you was that a £550.00 d/d went out of my A/c causing me to O/d £10 so i rush out that morning and bank £50. When i check my online bank A/c it shows i have £40 in my account, but then later that day the decide to return the d/d any way showing that i now have £590 in my acccount (hope you can follow that) How is that deemed to be a service?:mad:

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gillin5002

gillin5002

Posted
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Posted

I never actually told the judge that I was not in breach of contract. Nor do I remember him asking that question.

What I did say is that I agreed the bank could apply charges, but they needed to reflect the administrative costs.

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Josie8

Josie8

Posted
Posted
I never actually told the judge that I was not in breach of contract. Nor do I remember him asking that question.

What I did say is that I agreed the bank could apply charges, but they needed to reflect the administrative costs.

 

Thats not what the Judge thought you meant then.........

"The claimant himself does not claim that he was in breach of his contract with the defendant. Indeed, it was the evidence of the claimant that from time to time he had exceeded the agreed limitof his overdraft without complaint fromn the bank save for the imposition of the charges."

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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bwdski

bwdski

Posted
Posted
Even though Lloyds have settled AT LEAST 6 cases today alone?

 

Yes, even though they settled 6 cases today.

 

People, like myself, will be thinking to themselves.... "What if..."

Neither Mrs Bwdski or myself have been in front of a Judge before.

It's intimidating to say the least.

 

Now to think that all the work we've done preparing our case ready for going to court (if we go to court) could be for nothing is a worry.

 

The Judge in both the lost Lloyds TSB cases ruled in favour of the Banks, even though they didn't turn up in court to defend!!!

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bwdski

bwdski

Posted
Posted

just to add...

 

It might be getting to the point where "doing it ourselves" is harming other people's claim processes because we might be messing up along the line and missing vital pieces of "evidence" that the judge needs... and giving the banks what they want... which is a possible way out of paying up?

 

Do we now need to seek the help of professional solictors?

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nicsussex

nicsussex

Posted
Posted

All the more reason to make sure that you have prepared your case completely and that if (and it is a very small if) you end up in front of a judge you wknow exactly how to plead your case. There are thousands of claims made against the banks each week at the moment, and with that number it is inevitable that one or two will 'lose', mainly those that are ill prepared. I'm sure that the 2 recent LTSB 'victories' have come as much as a surprise to them as to anyone else.

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Michael Browne

Michael Browne

Posted
Posted

Although the claimant filed prior to the hearing the bundle of the documents already referred to neither he nor the defendant (who filed no documents other than the defence) filed a statement of their evidence to the court. I therefore took oral evidence from the claimant and invited him to tell me of those matters which he considered important to the case. In so far as I could properly do so I assisted the claimant by seeking clarification of his evidence where this appeared necessary

 

It seems to me from the above that it's vital that claimants submit a Statement of Evidence. The Lloyds SoE firmly argues that there is a breach of contract and 'cloaking'.

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bwdski

bwdski

Posted
Posted
All the more reason to make sure that you have prepared your case completely and that if (and it is a very small if) you end up in front of a judge you wknow exactly how to plead your case. There are thousands of claims made against the banks each week at the moment, and with that number it is inevitable that one or two will 'lose', mainly those that are ill prepared. I'm sure that the 2 recent LTSB 'victories' have come as much as a surprise to them as to anyone else.

 

How much preparation is enough?

Reading hundreds and hundres of threads on this site and MSE and I still can't get my head around it.

 

I have asked questions on this and other sites and all I seem to get (similar to the banks :D ) is a standard reply of looking at a certain thread! ;)

 

We do need to look at our cases and take them very seriously with a view of going to court in the first place.

 

But, and this is my own personal view, a lot of people are claiming back their bank charges because they know of a friend of a friend or a relative who's done it.... not actually knowing why they're claiming in the first place.

 

Are we as amateurs causing more damage than good?

OK, there have only been 2 lost cases (that we know of)... but are these the tiny cracks that develop into foundation damage?

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bwdski

bwdski

Posted
Posted
It seems to me from the above that it's vital that claimants submit a Statement of Evidence. The Lloyds SoE firmly argues that there is a breach of contract and 'cloaking'.

 

Can you give more detail on "Statement of Evidence" please Mr Browne...

 

Still trying to get my head round all of this. I'm not at the court stage yet, but it's always good to be prepared for things isn't it

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Jacker1976

Jacker1976

Posted
Posted

I can understand both points of view on this.

 

I am worried by these developments but I intend to fight as long and as hard as possible to try and get my money back. The bank kept hitting me with charges at a time when I couldn't afford to pay anyone anything. It's taken nearly 6 years to deal with the fallout of that time and if there's a chance I can get a little justice I'm going to take it.

 

At the same time though it's worth remembering that making a claim costs money and if you lose you don't get it back. As these charges affect people who have money problems to begin with I think we each need to look at our situations and go from there. We need to realise that this isn't a case of do this and you'll get your money anymore. Yes the odds are greatly in our favour but that will be scant consolation to those who lose there case and lose even more money they can't afford to the banks.

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bwdski

bwdski

Posted
Posted
I can understand both points of view on this.

 

I am worried by these developments but I intend to fight as long and as hard as possible to try and get my money back. The bank kept hitting me with charges at a time when I couldn't afford to pay anyone anything. It's taken nearly 6 years to deal with the fallout of that time and if there's a chance I can get a little justice I'm going to take it.

 

At the same time though it's worth remembering that making a claim costs money and if you lose you don't get it back. As these charges affect people who have money problems to begin with I think we each need to look at our situations and go from there. We need to realise that this isn't a case of do this and you'll get your money anymore. Yes the odds are greatly in our favour but that will be scant consolation to those who lose there case and lose even more money they can't afford to the banks.

 

Thanks for that reply Jacker, good points raised.

When the banks win these cases, is it on a "full and final" basis?

I.E. you can't claim again?

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nicsussex

nicsussex

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