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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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    • 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.

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      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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Have Received No Interest

Ellie41

By Ellie41
in Royal Bank of Scotland

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Ellie41

Ellie41

Posted
Posted

Hi

Can anyone help please. I have a Bank of Scotland account but where do I send my DPA request. Is is to the Bank of Scotland or Halifax?

If it's to the Bank of Scotland, do I send it to their Head Office in Edinburgh or my branch.

Thanks.

 

Ellie

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richardc

richardc

Posted
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To the Bank of Scotland. I'd send or take to your local branch, but either really

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 1 month later...
Ellie41

Ellie41

Posted
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Sent DPA letter to my local BOS branch in March - received phone call and letter from Assistant Branch Manager. Statements were mailed to us approx. 4 days later - very efficient I thought. No mention from her at the time of cost of statements. 1 day later another letter from BOS Edinburgh (Head branch?) saying that the statements would be arriving shortly (we had already received them) and stating they would charge us £5.

 

Sent letter asking for refund £833.00 from 1 account and £390 from another. Letter arrived 2 days later from Assistant Branch Manager of our branch saying our concerns were still being investigated. Our copy statements had not yet been made available to her due to the high demand for this service over the last few weeks. Her investigations would be completed in 14 days when she would write to us again. It seems this Assistant Branch Manager does not really know what she is doing.

 

Today, a letter arrived from Customer Relations in Rosyth (standard letter I may add) with another set of the last 6 years statements saying they provide these free of charge although they have already forwarded these to us!

 

Oh, as a gesture of goodwill they are prepared to offer a refund of £110, basically 10%. Will phone them on Monday declining their offer of goodwill and ask for a full refund. If they do not offer this, then we are prepared to go to court. I know that in Scotland I can put in 2 separate claims for up to £750 each claim but does anyone know what happens if you lose the court case in Scotland - are you liable for their solicitors costs etc?

 

Keep going folks.

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jonni2bad

jonni2bad

Posted
Posted

Keep you replies in writing.

 

If their offer was "full and final" then just proceed to the next stage.

 

Looks like they are getting flustered!

..

.

 

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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Robertxc

Robertxc

Posted
Posted

Hello Ellie41,

 

It is most unlikey that you'll end up actually in court, however if you do, and it is on the Small Claims roll then you will not be liable for any costs. What to do is add up all the charges, and then use the interest calculating spreadsheet on this forum to work out the interest. Then, starting with the earliest, add up charges + interest until you get to about £730. This lot will represent your first claim. It's likely that when they offer to settle, it will be for the full amount owing. Remeber that you will be treating each and every charge as a seperate and distinct item, and under no circumstances will you entertain any attempt to try to lump them into a single claim. It is best to carry through multiple claims one after the other, rather than all at the same time, or you will be in serious danger of the Sheriff lumping them together and taking it out of Small Claims.

 

One other thing, you should never, ever, speak to them on the phone about these things. What you are trying to do is dead against bank policy, and the chances of anyone in a call centre having the authority to refund you that sort of cash are zero, so why bother? Also, the person in the call centre has had a lot of training in debating with 'difficult' customers, so they will likely be much better at it than you! No Sheriff, Judge, Ombudsman etc., is ever going to think less of you for insisting on things in writing, so if they call it's best just to politely end the call and tell them to put it in writing.

 

Good luck.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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thegoodsamaritan

thegoodsamaritan

Posted
Posted

 

I know that in Scotland I can put in 2 separate claims for up to £750 each claim but does anyone know what happens if you lose the court case in Scotland - are you liable for their solicitors costs etc?

 

 

Have a look here it explains how the legal process for small claims (ie up to £750) works in Scotland

http://www.govanlc.com/chargescourtaction_scotland.html

"If you raise a small claim with a value below £200 there is no award of expenses, and for claims over this sum the max award is £75. This means so long as you act in good faith and pursue a claim for under £200 the bank can't recover any expenses if you lose."

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Ellie41

Ellie41

Posted
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Hi

 

I am in the process of starting a small claim summons against Bank of Scotland but I am a bit confused as to the name and address of the defender. The first offer we got was from Bank of Scotland, Edinburgh. The second offer was on Halifax headed paper in Leeds and the last letter was on Bank of Scotland headed paper in Leeds.

 

Do I just put the name and address of my local branch?

 

Thanks very much for your help.

 

Ellie41

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Jamboray

Jamboray

Posted
Posted

I would put the BOS head office addy, you dont have to put a name on it i.e Joe Bloggs, just the BOS.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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fruitycar

fruitycar

Posted
Posted

I used the Edinburgh Head Office address on my claim, with a line in the claim that stated my account was held at XXXX branch and so came under the local sheriff court jurisdiction.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Jamboray

Jamboray

Posted
Posted

Hi Ellie

Have you set up the small claim with the court? If you live in Scotland then you can claim in the jurisdiction of your home as the money is due to be paid to you at your home. I've completed mine with a hearing date on the 27th June in Edinburgh.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Ellie41

Ellie41

Posted
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Posted

Hi everyone

 

Goodness me, what a problem I have had trying to log in - am an AOL e-mail.

 

Anyway, issued Bank of Scotland with small claims summon and they have paid us £719.00 plus £39.00 court fee but no mention of 8% interest which was mentioned in the summons. Do I write and ask for it back or just leave it?

 

Thanks

 

Ellie41

 

5 threads merged - please do not start a thread for every question!!

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fruitycar

fruitycar

Posted
Posted

I have written to them saying that the claim is not settled until the 8% interest is paid. Have you notified the sherriff court that the claim is not settled?

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Ellie41

Ellie41

Posted
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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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