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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.

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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.

robo2 claim against rbs

robo2

By robo2
in Scotland Banks & Finance

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

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.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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robo2

robo2

Posted
  • Author
Posted

couple of questions

 

1.is the schedule of charges letter , just a spreadsheet with the bank charges on it/

 

2. is it correct that the prelim leter should only include the actual banks charges not the interest?

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maroondevo52

maroondevo52

Posted
Posted

Yes, spot on, 1 & 2 ;)

 

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.

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robo2

robo2

Posted
  • Author
Posted

a couple of questions

 

1. what do i put in the schedule of claim for charges box under my sort code in the spreadsheet

 

2. in the account number box the 2 zeros at the start of my account number wont show, is this ok?

 

3. date from and date to is just the date from the first charge to the date of the last charge, is this correct?

 

4. do i need to include the days since offense category?

 

5. i take it in the respect of column you just list the reasons the bank has taken money off you. i.e card misuse, maintenance charge etc

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maroondevo52

maroondevo52

Posted
Posted

Hi robo2.

 

1. I put PERIOD 08/11/2001 TO 10/07/2006 (1st charge & last charge)

 

2. Is it a 16 digit number, what spreadsheet are you using ?

 

3. Yes

 

4. No

 

5. I put, CHARGES AS NOTIFIED

 

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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robo2

robo2

Posted
  • Author
Posted (edited)
Hi robo2.

 

 

 

2. Is it a 16 digit number, what spreadsheet are you using ?

 

 

 

Scott.

 

no its the 8 digit account no under the sort code

 

eg 00123456

 

only 123456 is showing is this ok?

 

 

this is the order the things appear

my name

my bank

sort code

account no - ITS this one im talking about

"SCHEDULE OF CLAIM FOR CHARGES - i take it you dont change anything in this box

period from and to

 

i take it for the prelim letter you remove the interest column and the boxes with "

"JUDICIAL INTEREST AT CURRENT RATE OF 8%" and "

"TOTAL CLAIMED AT DATE OF JUDGEMENT OR PAYMENT" from the spreadsheet

Edited by robo2
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robo2

robo2

Posted
  • Author
Posted

can anyone help me with these two points

 

 

1.

this is the order the things appear

my name

my bank

sort code

account no - ITS this one im talking about

"SCHEDULE OF CLAIM FOR CHARGES - i take it you dont change anything in this box

period from and to

 

2.

i take it for the prelim letter you remove the interest column and the boxes with "

"JUDICIAL INTEREST AT CURRENT RATE OF 8%" and "

"TOTAL CLAIMED AT DATE OF JUDGEMENT OR PAYMENT" from the spreadsheet

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Yes and yes.

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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robo2

robo2

Posted
  • Author
Posted

1. just wanted to check if this is the correct address to send my prelim letter too

 

royal bank of scotland

customer relations unit

the forthstone

56 south gyle crescent

edinburgh

eh12 9le

 

2. would it be better to send recorded to ensure they recieve it?

 

3. i am planning to claim on hardship grouds - i take it a short paragraph detailing large overdraft caused by charges , 2 credits cards maxed out , currently unemployed should cover all the bases

 

4. i take it once again you have to remove the bit about overdraft interest from the prelim letter?

 

"I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX . "

i.e this undelined bit?

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Yes, on four counts.

 

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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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

I sent mine to my local branch, including my court papers, I think they'll all end up in the same place.

 

Though that was with HBOS so you may be better sending them to the address in the 'stickys'.

 

Sorry, forgot we're not in the RBS Forum, yes, the address you've mentioned in your post should be ok.

 

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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  • 4 weeks later...
robo2

robo2

Posted
  • Author
Posted

ok , can someone point me in the direction of the second letter to send to the bank ( the one after the prelim letter)

 

recieved a letter from rbs today, as i am claiming under hardship, they have basically sent me a form to fill in detailing my current financial position, what steps do i take here here do i fill in the form and send it back but also fill in the letter before action as well and send them both off seperately

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Yes, that looks like the way to go.

 

Here's the 'link'..............

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/112-letter-before-action-bank-charges.html

 

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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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Sorry, I posted the 'link' after I replied to you :rolleyes:

 

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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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Just change the County Court, for Sheriff Court.(although, the link I gave you was the Letter I sent)

 

Don't think it makes much odds.

 

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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  • 1 month later...
robo2

robo2

Posted
  • Author
Posted

right having no joy with the hardship route with rbs, they have been messing me about for about a month now, can someone post me the link to opening a court case

 

is it possible to put a claim in for 6 years with the court even if i only put five years charges in my two letters to the bank?

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

You might be better off sending another LBA but include the extra year, when I claimed, I only claimed for 5 years but with all my claims the Bank paid out 6 :)

 

Have a look at this 'link' for how to proceed..........

 

http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html

 

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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robo2

robo2

Posted
  • Author
Posted

couple of other questions

 

1. I take it I just use my local banks address for my court claim

 

2. there are two forms to fill out in the first link, i take it i just leave form 1 blank and fill in form 1a (i.e the one with the service on defender part on the bottom?), it seems to me that the one i should be filling in is form 1

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

I used my Local Branchs address on my claims.

 

You fill in Forms 1a and 1b both the same, then take them to your Local County Court.

 

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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