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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sara Vs RBOS


sara24

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Hi everyone im new to all this so thought i would make my new post.

i Sent off the Data Protection Act letter a few weeks ago and recieved 6yrs of my statements back one week later, i then highlighted and worked out all the charges (without intereset) and sent the letter back to the back, one week later they replied with what i think was a standard letter saying - that they believe there charges are fair and transparant blah blah blah and that with the background of my letter they will not be refunding any of the charges into my account.

So i sent off the letter template advising that if they do not reply with an offer in the next 7 days i will be taking them to court etc, i only sent that letter off on Monday recorded delivery and they would of recieved it yesterday... anyway i was just wondering what normally happens next? do they ignore the letter? do they offer me something rubbish (which i will not be accepting as i want the whole amount which is £2436) or will they send me a letter sayin that they will happily go 2 court???

pls help, im sorry for bein a bit thick but i havent got a clue when it comes to things like this and im really scared if it goes to court as i wouldnt know what to say in court!!

 

thanx for reading through my blabbering ha ha

Sara xx icon11.gif

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Just had a call from someone at my local branch where i sent my letter into and she said she can no longer deal with my claim and that she has passed it on to the Edinburgh branch... what does this mean? does it mean that the famous Tommy Mclean will be dealing with it from now on?

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Keep at it. After the second letter someone I know sent in, RBS came back with an offer to settle for half of what they claimed - about £600 out of £1200. This is without actually going to court to set a date for a hearing.

 

They are sorely tempted to take the money and run, however ...

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I think ive messed up... is this the right order to send the loetters in.....

1st letter - the DPA one asking for copy's of statements

then 2nd letter - telling them the charges total and asking for it back

then they replied saying they will not be refunding any charges

sooo the 3rd letter i sent was one in the template saying that if they do not pay then i will start court proceedings in the next 7 days!!

was this wrong should i of put 14 days instead?

sorry 4 bein a bit thickj but im gettin really worried now!

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Yes, I think going by the general advice here, you should have given them 14 days from the date of your 3rd letter, commonly called the letter before action.

 

I think though that, before that 7 days expires, you'll get a partial offer, perhaps, from the RBOS. That will allow you to correct the mistake and, if you turn the offer down, give the bank a more appropriate timescale to respond.

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I still haven't heard from the bank.. i don't know what to do!!?

i sent the LBA letter to them on the 20th Nov as they had refused to give me the money back, i then got a call from my local branch on the 23rd Nov saying that they can no longer deal with it and have passed it on to the Edinburgh branch for them to deal with it and that they would be in contact with me within 10 days. On Monday it will have been 14 days since i sent the letter but i don't know what to do next if they still haven't got back to me.. do i send them another letter? and if so which leter do i send?

sorry for coming across a bit thick, but i get so confused when it cos to stuff like this!! x

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I still haven't heard from the bank.. i don't know what to do!!?

i sent the LBA letter to them on the 20th Nov as they had refused to give me the money back, i then got a call from my local branch on the 23rd Nov saying that they can no longer deal with it and have passed it on to the Edinburgh branch for them to deal with it and that they would be in contact with me within 10 days. On Monday it will have been 14 days since i sent the letter but i don't know what to do next if they still haven't got back to me.. do i send them another letter? and if so which leter do i send?

sorry for coming across a bit thick, but i get so confused when it cos to stuff like this!! x

p.s That meant to say when it comes to stuff like this! see i'm getting myself all confused icon9.gif

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You are on the exact same timetable as I am. I sent LBA on 20th to branch, deadline 4th Dec.

 

I phoned branch yesterday and was told it was escalated to Customer Relations, Edinburgh (Tommy McLean's office) as it could no longer be dealt with in-branch, that was done on 27th.

 

I emailed TMcL yesterday to introduce myself and he replied within an hour saying that there was a little backlog and they would get to me on Monday or Tuesday with a 'suitable' offer.

 

So I have told him I will delay further action until Wednesday.....

 

I suggest you email [email protected] and remind him he's about to run out of time to negotiate.

 

You can decide then whether to give them a day or so longer or just launch MCOL without further preamble - that's what you said you would do in your LBA

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Thanx for the reply i might email him now and give him till Wednesday like you have done, i think they just try and stall it for as long as they can and think that we will forget about it... not a chance when it's the only thing i can think about!

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