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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Please help - list of common failures


dave
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Hi all,

 

We all know that all companies cock up - some more than most.

 

I am trying to collate the most common cockups.

 

Please add to this sticky, preferably in a one line statement, the cockups that you have experienced over the years.

 

e.g.

 

DVLA ignored SORN declaration and I was fined.

Company XXX refused to refund me when good were faulty from outset.

 

etc....

 

All will become apparent soon....

 

Thank you.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group 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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  • 5 months later...

Insurance companies not honouring the 14 day distance selling cool off period.

 

To me they seem to quote low on insurance comparison sites, take your money, then say there is a problem and ask for more money.

 

Then they have you to ransom. You either pay more or if you say you don't want it at the higher price they charge your for cancellation.

 

This has happened to me 2 years in a row and this year I'm not putting up with it!

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Some insurers are claiming cars with factory fitted options are modified cars!

 

I expect 50% of cars on the road have a factory option.

 

If you bought a Mini would you know if it had a Chilli pack or not? I wouldn't! If your sunroof or lighter socket was an optional extra are you underinsured?

 

This problem should be cleared up by the insurance industry it's crazy!

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  • 3 weeks later...

Call centres in India and 3G making me pay a mobile phone contract when they know I was bullied into taking it and will not even give me a hanset or repair mine without me shelling out more money even though they know I cannot use it and they won't let me give them more then 30 days notice of cancellation or they want more money and next month when I can cancel they need 30 days notice and a fee!!!

 

The Indian call centre staff are not trained in customer care and I will NEVER use 3G again

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  • 7 months later...

Added personal injury after I pacifically told the guy (probably on commission) on the phone not too.

 

Also asked them after citizens advice told me I had legal cover also on third party if I did, and that I wanted to use it. They emailed back saying thanks for the info on the incident, and ended the response. Completely failed to answer my question, I think they were avoiding answering. Had to ask a second time to find out they do.

 

That was Elephant.

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  • 6 months later...

14 day cooling off period. Many people think of this along the lines of a money back guarantee, it isn't. If you decide you want to cancel a policy within this period, an insurance co have every right to charge a cancellation fee, and I would do the same thing, as it's a waste of time and resouces.

 

The cooling off period is there for when the policy isn't suitable. If on receiving the policy wording the policy isn't right for you THEN you can claim under the 14 day period. You can't just decide you don't want it anymore because you've sold your house/car/whatever.

 

Hope this enlightens you a little.

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Car insurance advisers that quote incorrect law! For example, I was stopped for having no insurance because the car didn't belong to me and it triggered ANPR - hence the stop. I gave them my car's insurance details which states I'm covered Third Party only for any vehicle not belonging or hired to me, which this car was.

 

After satisfying the law and allowed on my way, I got concerned about possible future action and called my insurers (KwikFit) to confirm I was indeed insured to drive that car later that evening - to which they said I wasn't covered by my policy if the car wasn't already insured by the owner. This made me feel quick sick with fear - what if I'd hit and hurt someone?!??! - so I stayed on the phone demanding they check because they were contradicting two experienced Traffic Officers (who accepted my insurance was valid for that car and let me on my way) and my own beliefs I've held for decades.

 

KwikFit were adamant I wasn't insured and both advisors and their supervisor assured me they were correct, but eventually decided to check with their legal team who agreed with my advisor that I was only insured to drive the car if it was already insured by the owner!!!!!

 

I was literally going mad with worry because I needed to use that car that evening to return it and feared for my freedom if I used it illegally. Eventually, KwikFit changed their mind and confirmed I was indeed covered and offered me £5 compensation for causing me undue stress, wasting hours of my time etc etc. Needless to say I didn't renew with them.

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  • 3 months later...
  • 1 month later...

Legal 'assistance' that is actually no help whatsoever and only there to cut the costs of the insurer by fobbing off the customer. They are often more of a hindrance than an assistance and eventually the customer is forced to accept a poor outcome or take over the claim themselves. This board is littered with examples.

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automatic renewal- RBS have lists of policys that do not automatically renew,despite a letter being sent to the policyholder confirming it will. Their solution,a team will manually renew the policy (on the day of renewal or even 2 days later). Policys that are not renewed manually are an acceptable loss ratio and the policyholder will only become aware when they are stopped by the Police or wonder where their documents are. So we are knowingly let you drive without insurance.

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  • 5 months later...

Call centers in India that either don't understand you or don't want to understand your problem and are trained to lie and be polite at the same time.

Actually this also applies to MoreThan UK call centre which should be renamed LESSThan.

Edited by gob smacked
Added the bit about MoreThan
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Call centre staff who are trained to lie to you saying "you need to phone X about that", and transfer you to another line, who are in turn trained to lie to you saying "you need to phone Y about that"...and so and so on until you give up and they get your money (or, in the case of the insurance company, refuse to pay up)

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  • 1 year later...

Had a good one with sureterm direct in that they kept telling me that due to an I.T problem they coudnt generate my policy or give me a policy number and this was over nearly 3 months and fortunately when I changed my car they had the nerve to try and charge me for cancelling and when I threatened to take them to the ombudsman they suddenly managed to cancel it under the 14 day cancelation period and now theyve just sent me a letter asking for the policy to be sent back to them even though they already know they have never sent me a policy. Needless to say I would never insure with them again and belong to many forums and have told people of my experiences with them. It's my own fault in a way as on one of the forums I belong to have them down as one of the worst companies out there but I thought I would give them the benefit of the doubt but never again.

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  • 5 months later...

DVLA ignored SORN declaration and I was fined also got threats from a debt collectors for months AFTER paying the fine

DVLA sent out tax reminders for a car that was scrapped over a year earlier, its still showing as SORNed

 

Virgin Media for bullying my father into a new contract cause they moved house 2 months before a 3 year contract ran out, he died 3 months later and I cancelled it all then we got threats from debt collectors when he never even owed any money, the broadband speed was 500kbps on an 8GB contract which was pathetic service all round.

 

Nationwide Building Society for putting my mum died when it was my dad.............................all direct debits etc were stopped and it took 3 months and almost 500 miles of travel for it to be sorted out.

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  • 3 months later...
Guest Another Spartacus

AGEAS Home Onsurance are next to useless.

 

Lack of communication between their contractors and policy holders.

 

No customer care especially when involving elderly and disabled policy holders

 

Call centre are staff obnoxious

 

Take more than 6 months to settle a claim or remedy claims

 

AGEAS is a totally unreliable company.

Edited by Another Spartacus
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