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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dessie v First Trust


Bigdess
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At present my case is with the FO,I received a letter from them stating that they have contacted AIB Group (First Trust) It then goes on to say that they expect to receive a reply within the next two to three weeks. Total amount of claim is for £2770.00. Is it possiable to ditch the FO in order to threaten the bank with court action even though the FO is dealing with the case.

 

Dessie :-|

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im not sure about that dessie but you might be better sit it out and see what the FO come up with as there have been a few sucess,s with them recently. if you start a civil bill against FT it will take several months to get to court so its not speedy either.

regards john.

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Thanks I suppose two-three wks isn't all that long.I feel that FT should have done what their sister bank AIB in the sth done by coming clean and reducing their charges.Can't see FT doing that unless AIB in Dublin force their hand.

 

Dessie

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Fos letter on Saturady with full offere from banl for £2837.50.Yippee.

First Rust now appear to have opened their lines of communication with Earth and human contact has been made!!!!!!!!!!!!!!!!!!!!

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brill news bally - im waiting a reply from FOS myself v first rust - its great to see other people getting somewhere!!!

 

fos have my case about 4-5 weeks now so keep your fingers crossed I am as lucky as you.

 

enjoy your windfall!!!!!!!!!11

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Thats Excellent news Bally35 well done great to hear that someone here in Norn Iron has got money back from the Banks.Hi folks been watching threads for sometime and havent really been getting involved to be honest as i was waiting to see how use all were doing and was also waiting to see what DONT TRUSTs reply to my letter before action was going to be and guess what as predicted letter received today actual response was (In accordance with the terms and conditions that apply to your account, the Bank is entitled at all times to collect its fees as outlined in our Price List. In the circumstances we regret to advise that your complaint has been rejected)I must of had a good idea that this would be there response as yesterday i went to Ballymena court house to file a Civil Bill and they informed me that they dont have them forms and that i required a Solicitor to file a civil bill and that i would get one off a solicitor. Is this true?I have also drafted another letter to DONT TRUST to say i would be willing to accept 15GRAND and that they could keep the interest of 1706.45 as good will and would save the Judge and Courts there precious time if this was all settled out of court as i believed that the judge would rule in my favour.Any suggestions would be greatly appreciated.

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iwillgetyoubackfirsttrust - why dont you refer your case to FO, its free and as bally has found out they got it sorted - that way you can try and get the interest as well, i have referred mine to FO, and waiting to here from them, but going by bally's news i shud be successfull!!!!

 

worth a thought - and i think you'll find that the reply to the letter you just sent whill be the similar to there last reply. Go to the FO website - theres a link (i think is this thread)

 

GOOD LUCK!!

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Financial Ombudsman Service

 

found the link through google mate. Your can complete a form on-line and then print it off because they need an original signature before they start. dont forget to send your evidence too - i have read a few threads (think one is bigdess v firsttrust and the FO recommended to first rust to pay all the fees back, now apparrently they ar receiving about 150 cases per week so it will take a few weeks - but no slower than the courts and you can ask for more than the court limit of 2000 -

 

good luck and keep us posted

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Go for it Iwillgetuback (erm think of shortening that will ya).

FOS are very helpful, free to us (costs bank £400.00 per complaint, and oh lets see I have about six of them at the moment).

 

And the now the bank want me to withdraw my PPI claim becuase its not going their way with FOS (WHO HAVE ALREADY OFFERED MY THE WHOLE THING0).

 

Has their solicitor offered me any compensation on top of this? Has he feck.So guess I will let it go all the way with the ombudsman, since it will achieve the same aims and oh loadsa satifaction for me!!:D :D :D

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THANKS bally35 and madjj111 thats great advice thanks for the link madjj111 i was on the phone with the FOS and they are sending me out the relevant forms i tried doing it online but unfortunately my computer is playing up at the moment with word documents. I have another question for use do i have to copy all my bank statements and send them in with the FOS form or can i just send in my spreadsheets of penalties????

I admire your courage bally35 fair play to ye take them for all ye can 'ye boy ye' as they say in Ballymena

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Received letter from FO stating that FT have made an offer of £1500,£1200 short.FO have asked will I accept their (FT) offer NO NO NO NO.The FO have requested what the shortfall is if I don't accept their offer.One thing which I find hard to believe, the acceptance slip from the bank states that it can take anytime up to 6 weeks for the money to be lodged into my account.I have till 3rdAug 07 to reply.What now

 

Bigdess

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You only need to send copies of any letters received from FT and copies of your schedule of charges.Also if you have a copy of FTs terms and conditions were it states Penalty Fees,if you haven't a copy give me your e mail and I will supply you with a copy.I have just rejected the offer from FT and have issued an ultimatum that if my claim isn't settled by close of business on 2ndAug 07 then its formal investigation by FOS and or small claims court.I have also been in contact with local media concerning an incident re shoddy treatment in April 2000.

 

Bigdess;)

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Cheers Bigdess got a copy of FT T&C's and just received my forms from FOS so getting them filled in today and sending all my correspondence off today. My business account is a joint account and unfortunately my wife and i are split up now where she is still running the business now im frightened that when i do get a settlement from FT that they will lodge the money into our account and that i will not get my share as things are a bit ugly between us. Can i request that the half of my claim be sent to my address as a cheque????????? Any advice would be very much appreciated

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I think you should read this first before proceding means that any complaints will now be put on hold pending the outcome of the case with the OFT and Banks

 

http://www.financial-ombudsman.org.uk/news/updates/bank-charges-26-07-07.html

 

 

 

 

"This year the ombudsman service has been dealing with tens of thousands of enquiries and complaints about bank charges - and county courts across the UK have similarly been coping with significant volumes of bank-charge claims.

 

In the cases that the ombudsman service has settled so far, all disputed unauthorised overdraft charges have been repaid - but on a voluntary "goodwill" basis, without the ombudsman reaching the stage of investigating the merits of the legal issues. Meanwhile, cases heard in the county courts have so far resulted in a range of outcomes - with inconsistent and unpredictable judgments and no clear legal precedent being set.

 

So it's in the interests of everyone involved - consumers with current accounts, the courts, the banks and other current-account providers - that the High Court "test case" announced today should settle the legal uncertainties relating to the level, fairness and lawfulness of unauthorised overdraft charges.

 

We agree that it's also in the general interest for the ombudsman service to suspend its own work on complaints about unauthorised overdraft charges, while waiting for the High Court to make a decision on the significant legal issues involved."

 

If I was in your position I would slow down a bit,wait and see what happens

this thing isn't finished by a long shot.If the OFT screw up then their credibility is out the window.You should also read this,you will need to copy and paste this link.Makes interesting reading.

 

 

FSA grants waiver to firms on complaints handling

 

 

 

Bigdess

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hi bigdess

1.how do i start a new thread - u sound like ur really gettin sick of us in urs but i havent a clue how to start a new 1 !!!!

2.not sure whether this news today is good or bad - yes theyre gonna sort it out once and for all but how long is it gonna take - looks like not only did i not have it to spend on this years hol but it might be a few years away!!!!

3.great timing for bally35 - the whole amount wow.Pity about urs - given the timing of todays announcement i think id been tempted to take the 1500 and run now.

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Stay on this one Mary,sure the cracs good ;)

 

No I am ****ed of with the whole thing in general,sounds like the bricklayers have been at their work if you see what I mean.Accoding to a Channel Four news report the banks cut a secret deal with the OFT.

 

Channel 4 News video

 

Anyway I off to Tipp on Saturday,don't give a flying F--K now.

 

Bigdess

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thanks!!! pretty ok at computers but couldnt find anything about startin a new thread!!!

 

aye i was away on hols 2 - just back at the weekend to letter from FOS saying they were getting on the case so was happy enough then got filled in about the test case. have read a few bits and pieces and would agree that the banks cut a deal. I always hoped to be on my hols this year spending first trusts money then i thought feck it maybe next year but god knows when now. im an impatient bein i dont like the idea of waiting years!!

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Nothing received from First Trust despite my letter requesting they settle my claim by close of business today (2nd August 2007).I am kicking the FOS into touch and taking my claim to court.

 

Bigdess

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Received this letter from First Trust outling their position, this letter was received by us while we were on holidays.

Thank you for your letter of 30thJuly 2007

You may or may not yet be in receipt of a letter from the Financial Ombudsman Service advising you of recent developments concerning the handling of cases concerning the charges you have complained about. The general position is that such complaints (whether they are being dealt with by the Bank, the Financial Ombudsman Service or by the Courts) are to be suspended pending the resolution of a test case being taken by the OFT against a number of the major Banks in Great Britain.

We trust the matter will be clarified further by the the Financial Ombudsman Service in due course.

Yours Sincerely

T C Smyth

Solicitor

 

 

 

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Bigdess

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