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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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      By BankFodder · Posted

      Yes I can imagine that kind of thing rankles a lot. I don't know what the timescale is for making chargeback claims. I suggest that you find out and then change your way working so that you keep records at least until then. It may be six months
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    • andy912
      Chargeback from customer

      By andy912 · Posted

      It was more the principle of this matter the customer has made no attempt to return the products purchased nor have I had no prof of anything & i have had to try & prove the sale which was paid for by the customers phone at the till. Only keep them till I check if the settlements tally up with the bank. Just think its a way of being scammed & the banks are helping them in a way 

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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.

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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.

OFT Test Case and Scottish Actions

cenglish

By cenglish
in Scotland Banks & Finance

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cenglish

cenglish

Posted
Posted

I'm trying to get clarification around about the impact the OFT Test Case has in Scotland.

 

I read a piece on MoneySavingExpert.com saying that it doesn't affect Scottish cases and this seems to be backed up by snippets dotted around recent posts on this forum.

 

Is this the case - should we proceed as normal? Is there a possibility that the case will be haulted until the result of the test case is announced?

 

I'm sure I'm not the only one who would like some guidance on this.

 

Thanks.

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gsbcag

gsbcag

Posted
Posted

I was looking for some sort of clarification on this also....

My small claim proceedings against HBOS were lodged with Aberdeen Sheriff Court before the announcement RE the test case, & I have a return date of 23rd August.

Since then however, I received what looks like a generic letter stating that if I launch a court action they will immediately apply for a 'stay' & the bank will categorically not be settling any claims until after the test case is complete.

I haven't heard anything from the court yet, I guess I'll find out on the 23rd. I assume it's still the case that if they do nothing by the return date I win?

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maryhillgull

maryhillgull

Posted
Posted

The "generic" letter you got seems to be more relavent to the situation in England and Wales. You have a return date so the bank needs to tell the court they intend to defend and attend the prelim hearing .At this stage they could ask for an adjournment. If they dont lodge a defense or lodge a defense and not turn up to the prelim then you will get your Decree in Absence.

 

If they do turn up or write to the courts and request an adjournment then you will need to use all the argurments given in the other threads why your case should continue. I have not seen any posts of banks doing this so far in Scotland.

 

As for not settling any claims until after the test case if you have or you get an extract for payment then the banks will have to pay up or else face sheriffs officers removing equipment from the office or branch you served your papers on.

 

The only exception is they could ask for a recall of decree but again they need a good reason and then all that happens is you get a new return/calling date. They still have to lodge a defense and turn up to the hearing else they loose again!

 

The banks try and frighten you off by making miss leading statements that whilst not technically wrong have you thinking that you have no chance which we all know is not true:-D

 

Cheers

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

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maroondevo52

maroondevo52

Posted
Posted

 

Hi,

 

My claim through FOS has been put on hold.

 

Miffed is'nt the word.!!!!!!!!

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...
mrsc

mrsc

Posted
Posted

Hi all

I received letter from RBOS and one sentence has me confused

 

"For customers for whom Scotland is the most likely jurisdiction,your right to refer your complaint to the Financial Ombudsman Scheme will not be affected."

 

I thought that they were not handly any new claims.

 

Can we in Scotland still put our complaint to FOS ?:confused:

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gsbcag

gsbcag

Posted
Posted

I received a letter from HBOS with the same wording - I just read the whole thing as an attempt to discourage any kind of court action from the outset, & correctly my that my "right" to refer the complaint to FOS is unaffected, it's just that they would not act on it!?

This was just before the bank successfully applied to sist (stay) my Small Claim in the Sheriff Court :mad:

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mrsc

mrsc

Posted
Posted

I got this in reply to a letter telling them they had not fully complied with my SAR which is well past the 40 days.It goes on about the test case and the OFT and FSA and how they have asked them to suspend all cases etc.

 

To me they just seem to be gloating in the fact they have requested the OFT and the FSA to halt all claims and are getting away with it.

 

I thought they were there for the consumer not the banks.

 

I agree with you about trying to put you off,I felt like that yesterday but now I am all the more determined.

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texel

texel

Posted
Posted

You must remember it is you who are doing the sueing not the banks It is not up to them to stop a suit it is the court who decide and if I was in court and the judge suggested delaying the case I would point out that the case was started before the test case and should not be delayed!!!!!:mad:

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kennythecelt

kennythecelt

Posted
Posted
Hi all

I received letter from RBOS and one sentence has me confused

 

"For customers for whom Scotland is the most likely jurisdiction,your right to refer your complaint to the Financial Ombudsman Scheme will not be affected."

 

I thought that they were not handly any new claims.

 

Can we in Scotland still put our complaint to FOS ?:confused:

 

u20sr, joice and myself have the same para inserted in the letter from HBOS. All Scottish cases, so they appear to be saying you can still go to the FOS.

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rory32

rory32

Posted
Posted

You can still go to the FOS no matter where you live but they won't look into it unless you can demonstrate that you are currently suffering hardship as a result of the charges.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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gsbcag

gsbcag

Posted
Posted
You must remember it is you who are doing the sueing not the banks It is not up to them to stop a suit it is the court who decide and if I was in court and the judge suggested delaying the case I would point out that the case was started before the test case and should not be delayed!!!!!:mad:

 

I tried that (amongst other arguments) but the Sheriff still happily granted HBOS their sist on my claim (& 6 others)......very:evil:!

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kennythecelt

kennythecelt

Posted
Posted
You can still go to the FOS no matter where you live but they won't look into it unless you can demonstrate that you are currently suffering hardship as a result of the charges.

 

So we need to find out what their definition of hardship is and get that clarified. Thanks Rory.:)

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  • 3 weeks later...
rory32

rory32

Posted
Posted

Yes, completely correct. Inverness recently gave a decision against the banks and ruled in favour of the pursuer.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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  • 4 weeks later...
lammy2203

lammy2203

Posted
Posted

I have my day in court tomorrow in Dumbarton to oppose the sist, have all the documentation ready (ie GLC info and the case in Inverness) Girl in the office says that they are granting all sists but i am still going in. Spoke to a guy in Greenock who said that the sherriff there had not granted the sist yesterday.

Its all so confusing why some do and some dont surely there should be a bit of clarity on this matter

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  • 2 weeks later...
Bigmac versus

Bigmac versus

Posted
Posted

Govan Law Centre has since written to the Sheriff Principal at Glasgow who has very kindly confirmed there is no Practice Note. Sheriff Principal Taylor advises that every bank charges case needs to be individually considered by the sheriff with regard to the particular facts and circumstances of the case. So there can be no 'blanket' stays in Scotland.

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