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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.

Adding interest twice

blueskies

By blueskies
in Historic Bank Claims

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blueskies

blueskies

Posted
Posted

Had an idea today.

I am starting against Barclaycard and Capital One.

If we claim back all the charges and add contractual interest then we are only back at square one. i.e. we will have only claimed back the interest that they have taken off us and effectively reduced the amount to what the amount would have been had they not taken the charge.

 

If were were to charge the contractual interest TWICE then it would put us in the position of having earned interest on our unlawfully charged fees.

 

Please don't be too harsh on me if I have missed something obvious here, I had a very heavy night last night (celebrating my win) and brain is not functioning to 100%.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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barracad

barracad

Posted
Posted

The whole point of this, in my opinion, is to claim back what is rightfully ours, not to make a profit.

 

What would be your argument for claiming double the interest? How would you argue that in a court?

 

What is the significance of claiming double the amount? Why not three times, ten times or a hundred times the interest rate? (ok getting silly but you see where I'm coming from?)

 

Please explain further if I've missed something.

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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blueskies

blueskies

Posted
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Posted

The arguement is that by paying one lot of interest you are back to exactly where you would have been had the charges not been applied.

 

If you were to charge twice (or contractual +8%) you would get the position you would have been in if you had invested the money charged elsewhere.

 

It is not entirely clear in my head yet.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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blueskies

blueskies

Posted
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Posted

Having thought about it again the arguement doesn't work as if you were talking an account that always has a negative balance you wouldn't have the money to invest anyway. Was a nice thought while it lasted though

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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bram stoker

bram stoker

Posted
Posted

I was wondering if you were thinking about two interests being 1. the interest charged on your charges by the bank, and 2. the interest you can claim at court.

 

1. You can do this either extremely difficultly using their contractual interest rates, or quite simply by using my spreadsheet which apportions the amount of interest you were charged between penalty charges and legitimate overdraft. The first way, you are likely to end up requesting a refund exceeding the amount they actually took from you, so I highly recommend my method.

 

2. The interest you can claim at court is currently 8% (slightly different in Scotland), and it is this that we are suggesting you replace with the contractual rate. This is a kind of compensation for not being able to invest the money they took from you.

 

Therefore you DO get 2 lots of interest.

 

Was this along your lines of thinking?

[

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goforit

goforit

Posted
Posted
Had an idea today.

I am starting against Barclaycard and Capital One.

If we claim back all the charges and add contractual interest then we are only back at square one. i.e. we will have only claimed back the interest that they have taken off us and effectively reduced the amount to what the amount would have been had they not taken the charge.

 

If were were to charge the contractual interest TWICE then it would put us in the position of having earned interest on our unlawfully charged fees.

 

Please don't be too harsh on me if I have missed something obvious here, I had a very heavy night last night (celebrating my win) and brain is not functioning to 100%.

 

Claim back the default charges, the interest charged by the bank on those default charges and contractual interest upon the entire amount.

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blueskies

blueskies

Posted
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Posted

That is spot on what I was thinking Vamp and so eloquently put by goforit. I had the thought after 5 pints (you must have seen what that does to me at the CAG party Vamp), then posted the following night. Forgive my haziness.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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meagain

meagain

Posted
Posted
Forgive my haziness.

 

You're the wrong colour for that, surely? ;-)

 

To clarify things, you have two lots of interest, but you're not merely adding one lot twice. The interest charged by the bank/card issuer is on part of the account balance. The interest then charged by you on top of that is on anything and everything they've ever owed you, though usually at the same rate as the first lot.

HSBC • Lloyds TSB • contractual interest • New Tax Credits • coming for you? • NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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PKea

PKea

Posted
Posted

Can I clarify this is right, beacause i will be adding up my Barclays claim shortly:

(the default charges + the interest charged by the bank) = A

(Contractual interest upon the entire amount 'A') = B

Total Claim A + B?

I am getting this this correct?

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bram stoker

bram stoker

Posted
Posted
Can I clarify this is right, beacause i will be adding up my Barclays claim shortly:

(the default charges + the interest charged by the bank) = A

(Contractual interest upon the entire amount 'A') = B

Total Claim A + B?

I am getting this this correct?

Yes, but not the entire amount in total, B is added to every single item in A individually.

[

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  • 1 month later...
tamadus

tamadus

Posted
Posted

ok I need a bit of clarification here

 

If I calculate the charges and compounded interest on a credit card with an account balance ( Which is what they are doing every month). Once I make a moneyclaim then the calculation obviously stops at that point. Can I then ask for the s69 interest up to day of judgement/settlement on the total balance ?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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  • 4 months later...
charlie.l

charlie.l

Posted
Posted

 

2. The interest you can claim at court is currently 8% (slightly different in Scotland), and it is this that we are suggesting you replace with the contractual rate. This is a kind of compensation for not being able to invest the money they took from you.

 

Therefore you DO get 2 lots of interest.

 

[end quote]

 

I wonder if this is the answer I'm looking for.......?!

(Sorry, i can't even work the 'quote' highlight)

 

I'm hanging on to my prelim for co-op (business) looking for contractual interest info.

 

I would like to charge 8% interest in my prelim & if it goes to court then I claim a further 8%. (sorry Bank I'm reasonably trying to conclude this matter without going to court but I want interest)

 

Please let me know if I have misunderstood s'thing?

 

If it's the case that I can claim 8% interest before the court stage (it is unarguably lower than any contractual interest rate) How would I word this in the prelim ?

 

Apologies if I'm way off the mark here..

 

Don't really want to send in standard letter & forget the interest on the £998 that was largely charged 3 years ago..

 

Thanx in advance for any help !

 

C

A&L S.A.R - (Subject Access Request): 40 days up - overdue ! Now received

Co-operative Bank (business): £ 1,008 - settled in full after LBA

 

Lloydstb: £ 387 - settled in full after LBA

 

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