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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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Hardship bank charges refund dilema - Bank Smart


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Hi guys/girls - some advise needed here!

 

I have 2 accounts that i applied for unlawful charges back in May 2007 (BARCLAYS AND NATIONWIDE). As you may be aware of the court case, this has been on hold ever since.

 

In July after taking further responsibility of sorting my finances and occuring further financial difficulty, i applied for hardship via bank smart again.

 

I have since had a part payment via bank smart for barclays and am awaiting their finish on the claim, however, Nationwide have refused to co-operate with bank smart and have offered me all my charges via a cheuq i the next 10 working days.

As i have an agreement with bank smart, they are asking for costs more to what my charges total to.

 

obviously, i cannot turn down a full payment from Nationwide so what do i do?

 

i need to let bank smart know or i am committing some sort of fraud and i am willing to forwad their 105 commission. the only worry is they will probably ask for the costs and commission if i hold onto this cheque.

 

so, do i refuse the cheque and refer nationwide back to bank smart or accept the cheque and hope can settle something with bank smart?

 

i am at a real dilemma, please help!!

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Hi guys/girls - some advise needed here!

 

I have 2 accounts that i applied for unlawful charges back in May 2007 (BARCLAYS AND NATIONWIDE). As you may be aware of the court case, this has been on hold ever since.

 

In July after taking further responsibility of sorting my finances and occuring further financial difficulty, i applied for hardship via bank smart again.

 

I have since had a part payment via bank smart for barclays and am awaiting their finish on the claim, however, Nationwide have refused to co-operate with bank smart and have offered me all my charges via a cheuq i the next 10 working days.

As i have an agreement with bank smart, they are asking for costs more to what my charges total to.

 

obviously, i cannot turn down a full payment from Nationwide so what do i do?

 

i need to let bank smart know or i am committing some sort of fraud and i am willing to forwad their 105 commission. the only worry is they will probably ask for the costs and commission if i hold onto this cheque.

 

so, do i refuse the cheque and refer nationwide back to bank smart or accept the cheque and hope can settle something with bank smart?

 

i am at a real dilemma, please help!!

 

If the amount is not for 100% of the charges then tell Bank-Smart that you want to know why they are asking for money when the claim is not settled in FULL.

If it is a full settlement by cheque then surely they cannot take more than a percentage of the payout on this one claim cos that would be ridiculous.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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If the claim is due to your hardship I can see why Nationwide wouldn't pay it to a third party. I think you must accept the cheque, but how much costs can bank smart have incurred it NW haven't dealt with them? I suggest you read your contract with them to check the small print.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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