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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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    • London1971
      247 Money - refused payment holiday & payment plan

      By London1971 · Posted

      In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Ethel Street
      Backing out of mutual house swap

      By Ethel Street · Posted

      Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • abjb
      247 Money - refused payment holiday & payment plan

      By abjb · Posted

      Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • jk2054
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By jk2054 · Posted

      I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • NewsBot
      Record savers rushed to open Isas this April thanks to new rules and top rates

      By NewsBot · Posted

      New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article

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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

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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.

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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.

full report from an entertaining afternoon at Kingston County Court **MUST READ**

rogerebaker

By rogerebaker
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Mike220359

Mike220359

Posted
Posted
:D

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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jdaraf

jdaraf

Posted
Posted

It was posted by rogerebaker search his posts to see it in full.

 

---------------------------------------------------------------

 

Along with 30-40 others I was at Kingston upon Thames County Court this afternoon for a direction hearing with Barclays bank amongst others.

 

I know a lot of people are nervous about the possibility of going to court so I took a few notes with a view to reporting back and I must be honest it was a couple of hours of excellent entertainment.

John Mac

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psm

psm

Posted
Posted

Apologies for starting another thread but I thought this deserved its own thread. This was taken from a thread on the Barclays section, many thanks to tonycee.

 

 

icon1.gif "Going to court" Dont make me laugh

icon1.gif full report from an entertaining afternoon at Kingston County Court **MUST READ**

Along with 30-40 others I was at Kingston upon Thames County Court this afternoon for a direction hearing with Barclays bank amongst others.

 

I know a lot of people are nervous about the possibility of going to court so I took a few notes with a view to reporting back and I must be honest it was a couple of hours of excellent entertainment.

 

First of all the cast.

 

The judge was a very well presented and instantly likeable bloke. A bit like Ken Barlow on Coronation Street. It was clear from the start that he wasn’t going to miss the opportunity to entertain in front of what was a capacity crowd in Court Two.

 

On the front row representing Barclays was a youngish lady in her late twenties looking every inch the up and coming Lawyer, impeccably dressed, hair tied up, small bifocals. She had a huge file in front of her containing the details of all the dreadful people who had the nerve to challenge Barclays.

 

To her left was a rather distinguished duo who were representing a No win No fee company and subsequently it turned out were representing a significant number of the claimants listed for the day

 

Directly behind them, relegated to the 2nd row was the rather sad looking figure representing Lloyds TSB. Compared to the snappy dressers in the front row he was clearly 2nd division and if on the off chance your reading this treat yourself to a new tie. No one is going to take you seriously wearing that!!!

 

The rest of the court room was packed with 30-40 claimants and you could cut the atmosphere with a knife as everyone was thinking the same “ Please don’t let it be me called first”

 

The first business of the afternoon was to deal with some overspill from the morning involving Lloyds. 3 or 4 cases had clearly been settled as a result of some frantic phone calls during the lunch break. The case names were mentioned and the bloke from Lloyds repeated several times weve settled. There appeared to be a dispute about the account number on one of these cases as the claimant had written the wrong number on his schedule.

 

Sensing his opportunity the man from Lloyds jumped to his feet shouting “Move to strike out the claim” “Don’t be ridiculous” retorted the judge “just put the correct account number on the schedule” We will settle” mumbled the man from Lloyds somewhat disheartened by his failure.

 

I personally don’t like to kick a man when he’s down but the judge showed no such sympathy. “Are you a barrister,” he asked “ No he replied” “ A legal clerk” no” “What are you then” asked the judge “ I used to be an old managing clerk”

 

A slight titter could be heard from the big hitters in ringside seats as the man from Lloyds buried his face in his papers.

 

Then from nowhere appeared a flighty young lad, plonked himself next to the Barclays barrister and in a lawyer sort of way gained the attention of the Judge. He was representing the bank of Ireland and needed to get away quickly so could he go first.

 

The judge obliged and the claimant in this case stood up. The flighty man from Ireland informed the judge that everything had been sorted out (They Settled) and the claimant had consented to the case being withdrawn. The judge asked the claimant if he agreed “ absolutely” he replied “I’ve got to get back and open up my pub and by the way there’s a Gin and Tonic waiting for you on the house”

 

The judge smiled “I better not but I’m sure my clerk could do with one”

 

Things had started well for the claimants and you could feel the relief in the court.

 

Next up was Nat West or well they would have been had they turned up. The claimant informed the judge that they had agreed to settle but he hadn’t had the money yet. The judge agreed to an adjournment to allow time for the money to be paid.

 

The young claimant wasn’t finished there. “Id like to apply for costs” he demanded. The judge didn’t look at all fazed and asked what he would like. Buoyed by this the claimant produced his civil procedure book, no doubt purchased from this site, and started to quote from it.

 

The judge appeared caught by surprise and stopped him. “ If you are going to start quoting civil procedure rules we are going to have to put you at the end”

 

The claimant left a bit crest fallen but lived to fight on later in the day.

 

It was then time for the first of the many Barclays cases. The case was called, the pristine Lady from Barclays flicked to the correct page in her huge file with ruthless efficiency.

 

Distinguished gent to her left rises and states he represents the claimant.

 

Pristine Lady states that Barclays have not received a schedule of charges so could not deal with the claim.

 

Distinguished gent states “that’s a bit surprising as they are stapled to the back of the Form N1 of which you have a copy”

 

Judge agrees and there is an uncomfortable silence as the pristine lady ruffles thru her papers.

 

“Ill have to take instructions”

 

“You do that” states the judge!! Adjourned for Barclays to get their Act together.

 

Then followed about 7 or 8 Barclays cases with the same outcome.

 

"No schedule of charges" she muttered.

 

I’ve sent them to you a hundred times shouted the claimant.

 

"Ill have to take instructions" ever more quietly

 

Then came the first mention of expenses from one of the claimants. “I’ve had to take a day of work to come here can I claim costs”.

 

The judge seemed receptive “What is your job” he asked

 

“Telephonist” she replied

 

How long have you been here?

 

“3 hours”

 

How much do you earn?

 

“£7 an hour”.

 

“That seems reasonable to me costs awarded £21”.

 

You could here the cogs werring in the brains of the claimants as they sniffed an opportunity.

 

Every case after that the opportunity for costs was ruthlessly exploited

 

“What do you do for a living sir?”

 

“Consultant sir” states the defendant

 

“How much do you earn an hour?”

 

“£50” stated the defendant

 

“How long have you been here?”

 

“Since this morning sir”

 

“£270 costs awarded”

 

“What about my car park bill that’s another £10”

 

“£280 costs awarded.”

 

One optimistic claimant even tried to get Barclays to pay for the possibility that she may be clamped in the local car park.

 

That was one step to far for the ever-generous judge who with a wry smile politely refused.

 

Next up Abbey National. Several defendants were awarded judgements and costs on an ever-increasing scale as Abbey couldn’t be bothered to turn up

 

Even the man from Lloyds was joining in the party. Realising that he was on the wrong side of a bit of a hiding he started advising one of the Abbey national claimants on how to calculate 8%.

 

One claimant from alliance and Leicester (Who also failed to turn up) was despatched from the court by the judge to find a calculator so he could add up the daily interest rate.

 

amongst the carnage There were a few successes for the banks

 

A couple of Barclay’s claimants failed to turn up and their claim was struck out. The not so pristine lady from Barclays asked for costs.

 

“How much do you earn” asked the judge.

 

Surly she wasn’t going to answer !! She muttered, stumbled then came out with the old favourite “ Ill have to take instructions”

 

The judge took sympathy on her and adjourned the hearing pending costs.

 

A couple of other significant things happened.

 

Alliance and Leicester had written to the judge stating they were going to defend one claim. The defendant was furious.

 

“They should have been here then” he snorted.

 

The judge with another crippling blow ordered full disclosure by the A & L within 14 days or their defence would be struck out

 

He calmed the claimant by informing him that he need do nothing and he should expect some sort of offer of settlement as soon as they receive that letter.

 

Several claimants asked if members of their family could speak on their behalf and this was allowed although to be honest it wasn’t necessary.

 

I left the court just after 3.30 having witnessed a complete route of the banks on almost all fronts.

 

Lessons learnt.

 

Don’t be afraid of the court

 

Do turn up

 

Have all your paperwork with you

 

Work out your costs and settlement figure before hand

 

 

I know this is only one court in one part of the country but hopefully this will encourage everyone to keep at it.

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fzrkitten

fzrkitten

Posted
Posted

Wicked, so funny.

 

The only bit that got me worried was where you say about what the Lloyds guy was wearing, made me think -

 

:shock: Oh my god, - what will I wear if my case gets to court! (Typical girl!).

 

LOL.

 

Fzrkitten.

Fzrkitten

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vonnie32

vonnie32

Posted
Posted

Well done Rogerbaker, I too had a similar experience in a Court Room in Glasgow, cetainly makes you want to go back.

 

I've not laughed so much in ages. You should definetely take up writing, I could feel a book coming on if you spent too much time in the Courts!! lol

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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stagey

stagey

Posted
Posted

Great read Roger - I managed to get my son's charges back from Barclays a month or so back- a long drawn out affair - but without actually going to court just - wish I had now and got some costs!! Well done.

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bloomingflower

bloomingflower

Posted
Posted

Hi Roger,

your report had me in stitches! it was absolutely hilarious :lol: my sides are still aching from laughter, I hope my experience of Kingston County Court will be the same like yours( I would have to be swiftly ushered out by the clerk for laughing too much:) your day sounded like it was a bit of a circus(with the banks acting as the animals lol)

 

wish me luck, as I have an allocation hearing on the 26th Sept 07, and I cant wait.

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MrMT

MrMT

Posted
Posted

"Sorry, you can not give reputation to this post" - can anyone tell me why not?

 

Thanks very much for this as I was just asking how I can get to experience such cases before I'm hauled up myself. Sorry I can't add to your rep for some reason.

 

p.s. Anyone else get the impression the Barclays rep was just hired cannon fodder? Seems she was treated with as much contempt by Barclays as they do their debtors by the sounds of it.

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blipvert

blipvert

Posted
Posted

A hugely entertaining post, the most uplifting post I've read in ages. Now then this dodgy tie:

 

>

Directly behind them, relegated to the 2nd row was the rather sad looking figure representing Lloyds TSB. Compared to the snappy dressers in the front row he was clearly 2nd division and if on the off chance your reading this treat yourself to a new tie. No one is going to take you seriously wearing that!!!

>

 

idle curiosity, what was up with it, did it have dried egg yolk down it or something :)

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BelstarBomb

BelstarBomb

Posted
Posted

I have just wet myself with laughter:grin:

 

I have a number too that are at N1 submission stage and this has lifted me no end.

 

Thank you for the humour but more importantly, thank you for the support and gee up your post has given me and the rest of the forum.

 

You have made my month!!

 

BB

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Guest Alison82

Guest Alison82

Posted
Posted

Wow how intresteing!!! I didn't realise diffrent banks or even claiamnts could hve one big hearing with one judge??!

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