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      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.

      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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      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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zanna v natwest


zanna

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Hi im sending my first letter re the data protection act 1998 and gaining a list of charges made to my account, do i send it to my local branch of the natwest or head office.

thanks

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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thanks a lot

good luck with yours!

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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  • 3 weeks later...

i sent my first letter on 4/07/06 to natwest re subject access request, as of yet they have not responded nor have they cashed the £10:00 cheque i sent with it.

Today i have sent a reminder and a copy of my previous request.

Does this sound familliar!

I sent my request to the bishopgate address should i also have sent one to my local branch?

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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Yes that should do it. They have 40days to respond, if they dont you can report them to the information commissioner. I have started recieving all my info. Did you send it all recorded delivery??

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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no i didnt send it recorded delivery do you think i should? i have also found another address to send to from one of the links it is to alex lyons i thought i might send a copy to him also

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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Yes i would. Make sure you send it either recorded or special delivery with special delivery you can view who signed for it so there will be no dispute. They could come back to something as simple as "it was lost in the mail".

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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thank you might need your help again soon

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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i think that might be whats happening at the moment still hopefully that will change now.

do you think i will have to wait another 40 days or will they take it from the date of my original letter.

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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hmmm well i would call them and ask them if the letter has been recieved and added to their client activity system i think thats what its called when i phoned up, they should have notes on there about it. If they haven't recieved it you will need to send the letter in recorded or special delivery to the branch or customer relations. You will prob have to send it in again and start the clock again as there is no proof of it being recieved.

 

However on another note, there is nothing stopping you reporting them to the Information Commissioner if the 40 days are up from you sending in first letter but i would tell the bank that in a letter ie "i have sent a recent DPA to you to which i have recieved no response, whats going on, if you don't comply i will report you to the Information Commissioner"

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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ok i will try that thanks.

by the way ihave been trying to inputt my information ie first letter sent blah blah blah but cant find how to do it !

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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At the top of the page look at "user CP" and on the left hand side it says signature, put it all in there and save and edit the signature as you go along.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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thanks

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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after sending my second request recorded delivery to alex lyons, today i have recieved my statements! Now to go through them to see how much i may be able to claim back:-|

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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hi im probably being a bit thick here, and i have tried looking for the correct info,

today i recieved my statements and am going through them carefully,but not sure on what to claim apart from unpaid d/d fees. i have an advantage gold account which charges me interest for using this service, does this count as well.! thanks for your help in advance

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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I also have an advantage gold account. You cant get these charges back, and they get a bit confusing... it took me a while to get my head round it... however, I went back through my statements, added it all onto the spreadsheet. then deducted the amount for the advantage gold charges... they normally add them into other charges... I dont know when you started you advantage gold account, however, the charges we £9 then £10 and they are currently £12. the charges they added them to showed up as charges... £29 then charges £30 I just deducted them and entered charges, the date and £20 onto the spreadsheet....

 

I hope this helps....

 

Lynne

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still a bit confused but thanks ill try to work it out on the spread sheet

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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hi i dont know if you can help

i have recieved my statements back from natwest and going through them i have marked off my unpaid direct debits but every month i also get charges which started off as £6 a month from april 2000 in august 2003 they changed to £9 a month and in june 2005 they changed to £10 a month. However in november 2004 i had a referral charge( i dont know what that means or was for) for £30 in december one for £37 then in feb 2005 £37, in april £90 !!! and then again 2006 may £38 and june £40. what i would like to know is can i claim back these charges. interest is also marked at various amounts each month but i dont claim that back do i?

am trying to work out exactly what charges to put onto the spread sheet as dont want to get it wrong

would appreciate any info you can give me

thanks zanna:confused:

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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im not sure if it is for bounced payments as i have a whole list of those and they are charged at £38 each and headed as unpaid direct debit fee or returned cheque. I have no idea what referral charge is or means!!!!!!!

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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by the way thanks for helping out i need lots of it!

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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Guest NATTIE

yes paid referral fees, bounced DDs Unarranged Borrowing, card misuse fees. A paid referral fee is when the bank choose to pay an item that takes you over an agreed overdraft. £30 a pop maximum charge per month is £90

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ive tried posting a thread on the goldfish/credit card site but got no respose, can anyone tell me if once youve sent an SAR, do the companies usually close your account or ask you to re pay any outstanding amount and then close it!

any help gratefully recieved...thanks

zanna

4/07/06 sent letter re data protection act request NatWest

25/07/06 sent 2nd request to alex lyon

1/08/06 recieved statements (NatWest)

4/08/06 sent S.A.R - (Subject Access Request) goldfish recorded delivery

4/08/06 sent SAR capital one recorded delivery

14/09/06 sent request for repayment letter and schedule of claim for charges goldfish

14/09/06 as above to capital one

21/09/06 recieved offer from capital one

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