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    • If you are buying a used car – you need to read this survival guide.
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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wp Vs Lloyds Bank - **WON**


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You can see mine from my reload vs Lloyds thread - link is in my signature.

  • Confused 1

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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You can see mine from my reload vs Lloyds thread - link is in my signature.

 

Edit:

I have a contract with Lloyds TSB Bank PLC, conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in the way of charges over the last 4 years, totaling £2225. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (01/07/2002) to (22/05/2006) of £328.11 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%. I therefore claim a total of £2553.11 (£2225 + £328.11 interest).

 

If, as you say, you just put your account number, "claim for unlawful bank charges" and the 'interest bit' I'm not entirely surprised you got the response you did. Please, please, be careful when making your claim.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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here goes after reading reloads i 2 am not surprised by the response from their solicitors:::

 

 

request for unlawful bank charges to be

returned.

sent two letters requesting but refused .

ref with lloyds BHAM/DJ/CC/878893

The claimant claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from {date when the money

became owed to you} to {the date you are

issuing the claim} of £ {put the amount}

and also interest at the same rate up to

the date of judgment or earlier payment at

a daily rate of {enter the daily rate of

interest}.

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here goes a little cheeky i know but it is worded so well thought it would be a shame to change it........

 

I have a contract with Lloyds TSB Bank PLC, conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in the way of charges over the last 6 years, totaling £400. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (30/05/2000) to (01/09/2006) of £120.25 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%. I therefore claim a total of £400 plus interest of £120.25 which equates to a total of £520.25

Below is a list of all charges from these dates

 

 

30 may 2000 £10.00 £4.36 interest

28 july 2000 £10.00 £4.25 interest

30 aug 2000 £10.00 £4.18 interest

02 may 2001 £10.00 £3.69 interest

16 may 2001 £10.00 £3.66 interest

23 may 2001 £10.00 £3.65 interest

04 june 2001 £10.00 £3.62 interest

02 july 2001 £10.00 £3.56 interest

10 sep 2001 £27.50 £9.42 interest

09 sep 2001 £52.50 £17.36 interest

10 dec 2001 £25.00 £9.29 interest

09 jan 2002 £25.00 £7.96 interest

01 feb 2002 £25.00 £7.84 interest

01 mar 2002 £82.50 £25.43 interest

02 apl 2002 £27.50 £8.30 interest

01 jul 2005 £25.00 £2.11 interest

01 sep 2005 £30.00 £1.57 interest

 

total £400.00 £120.25 interest.

 

total £520.25

 

 

is this enough ...

 

i emailed moneyclaim and they said when i get my allocation questionare i can update it then.

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Looks fine wp - sorry if I came across a bit short in my last reply, but you really MUST be careful when filing a Moneyclaim - and generally speaking, by all means follow the guides and letters laid out on this forum but remember to pay attention!

 

As for the Particulars of Claim though, there is a draft copy in the templates library - which is pretty much exactly what mine is. You really should have spotted that ;)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (30/05/2000) to (01/09/2006) of £120.25

 

why are you claiming interest for 1/9/06 when we are only in June ?

  • Confused 1

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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just recieved my allocation questionannaire--any suggestions on wat to put in sect g as i dont want to cock that up either...

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There's a... damnit, away for an hour and I miss one!

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 3 weeks later...

Congratulations!!

 

Brilliant news.

 

Please complete our bank charges survey.

 

And a donation would be greatly appreciated.

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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CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Congrats WP :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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