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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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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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.

RBS CCA request refused due to CCJ

DandD

By DandD
in Royal Bank of Scotland

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  • 2 weeks later...
DandD

DandD

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Hi All

 

Over the next few hours we will be posting our latest dealing with the RBS.

 

If you have read our thread you will know that we applied a DSAR on the bank some time ago.

 

From this we made our first complaint in April 2008, a copy of this will be posted shortly. This was never answered.

 

We than made another 'Official Complaint' on the 3rd January 2009. This will also be posted. This was answered by Alan Dickinson (Then Chief Exec), this will also be posted.

 

We then sent another letter asking questions about Dickinsons letter, again this will be posted.

 

Today, we received our 'Final Response' letter. This will be posted too.

 

It will take a bit of time to scan and upload this lot but we would be gratefull for any comments/advice.

 

thanks

 

D&D

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DandD

DandD

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Here's our letter that was sent to the RBS in April 2008.

 

It's not so much a complaint.....more a request for clarification and more information.

 

Until today, we have NEVER had a response to this.

 

It's quite long so I will do it over a few posts. It IS worth reading if you have the time

 

D&D

 

RBS41a0001.gif

 

 

RBS41b0001.gif

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paulwlton

paulwlton

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The unilateral practice of changing the nature of defaulting customers accounts throughout the nineties is known as "transitioning" (another new term)

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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debbbbsy

debbbbsy

Posted
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OK, just to help clarify a few points from this response.

 

They state in their letter 'This is the "transitioning"process which I understand has been referred to in previous correspondence.'

 

NO. In 16 years of correspondence, this is the first time they have ever mentioned this.

 

Anyway, the current accounts that defaulted in Nov 93, were passed to Retail Credit Services[Now CMS] in Jan 95. We now know that the Business current acc wasn't closed until June 96,and the Personal Current acc's weren't closed until 17 March 97.Coincidently, the accounts were closed shortly after they admitted they couldn't use a guarantee. It had taken me 2 years to get them to admit this. At no point did RBS tell us what they were doing.

 

Debbie

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andrew1

andrew1

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I've just read through all of that and wished I could add something to help...the best I can do is say what troopers you both are and how despicable these people are at grinding away at your lives..I hope it ends soon and I wish you considerable luck..

 

A1

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  • 3 weeks later...
DandD

DandD

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Great article today in the Sunday Mail.

 

Richard Dyson is coming down to see us next week (Paul...thanks for this).

 

We have decided that this is too much of a problem for too many people!

 

We are not going to just talk about OUR situation, but more about the attempts by the RBS to artificially inflate their Balance Sheet.

 

It's strange that prior to their hostile takeover of Nat West in Feb 2000, for 9 months they had incorrectly keyed our interest at 80% instead of 8%, thus increasing their Balance Sheet by £50,000. I know it's not much in the big picture, but what if they were doing this to thousands of people. Please remember that we were not getting statements at this time. (We only got these from our DSAR). They corrected the overcharge 2 months after the takeover of Nat West!!!

 

This isn't so much about us any more. This company may have defrauded the whole Country!

 

We are still fighting and this is partly to let other CAGers know that we are still going, but it's hard work. Paul & Sparkie are absloute stars!

 

Sparkie,this forum needs people like you. please reconsider!!

 

Speak to you soon

 

Duncan & Debbie

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paulwlton

paulwlton

Posted
Posted
Great article today in the Sunday Mail.

 

Richard Dyson is coming down to see us next week (Paul...thanks for this).

 

We have decided that this is too much of a problem for too many people!

 

We are not going to just talk about OUR situation, but more about the attempts by the RBS to artificially inflate their Balance Sheet.

 

It's strange that prior to their hostile takeover of Nat West in Feb 2000, for 9 months they had incorrectly keyed our interest at 80% instead of 8%, thus increasing their Balance Sheet by £50,000. I know it's not much in the big picture, but what if they were doing this to thousands of people. Please remember that we were not getting statements at this time. (We only got these from our DSAR). They corrected the overcharge 2 months after the takeover of Nat West!!!

 

This isn't so much about us any more. This company may have defrauded the whole Country!

 

We are still fighting and this is partly to let other CAGers know that we are still going, but it's hard work. Paul & Sparkie are absloute stars!

 

Sparkie,this forum needs people like you. please reconsider!!

 

Speak to you soon

 

Duncan & Debbie

 

Good for you.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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DandD

DandD

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With the information that we now have we are convinced that the RBS (a small Bank at the time) artificially inflated their worth to takeover Nat West in 2000.

 

In late 1999 their accounts state that they had a balance sheet of over £20 Billion. Nat West had a lot more.

 

Is it a coincidence that last year they needed to be bailed out at the tax payers expense for the same figure of £20 Billion?

 

This Bank are/were using debt ledger accounts (ROUTERS) to increase their balance sheet.

 

We are determined to have them investigated.

 

D&D

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DandD

DandD

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Here's an interesting timeline on our statements.

 

You can see that they have increased our debt by a huge amount. Google 'timline for rbs nat west takeover'. You will be amazed. I don't believe in coincidences!!

 

RBS80.gif

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  • 6 months later...
paulwlton

paulwlton

Posted
Posted

You will see from para 1 that RBS retains all historical terms and conditions for its loan agreements I think it fair to conclude this would apply to all their accounts.

 

You must request the terms and conditions that applied to your accounts by means of CPR.

 

 

img067.jpg

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 1 year later...
DandD

DandD

Posted
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It's been too long...............

 

If anyone has the time, and are appalled by what the RBS have done over the past 20 Years please read this thread. There will be some updates in the next couple of weeks.

 

D

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