Jump to content


  • Tweets

  • Posts

    • Just to clarify then, should the reason I am disputing the debt be that they have not supplied all the relevant paperwork (CCA) and the debt is therefore unenforcable?
    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

Parcelforce Damage Claims


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5888 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I am just hoping that someone might be able to to give me some advice here.

 

A parcel I sent with Parcelforce was damaged in transit - having spent a few months going back and forth with the claims department I finally had an inspector visit and had a reply from Parcelforce saying that while they acknowledge that the parcel was damaged, there is no visible harm to the packaging so they have rejected my claim. I am obviously going to appeal this, but I'm looking for advice on what exactly to say in my letter.

 

I used the manufacturer's standard shipping box, which is very robust - you can easily drop a decent cardboard box from 2 or 3 metres or more (plenty of shock to destroy even the most well-packed contents) without leaving a mark if the large, flat face lands on a flat surface. I plan on saying this to Parcelforce, but really I don't know what else I need to point out to them. Any help would be very much appreciated.

Link to post
Share on other sites

If the contents are damaged but there is no visible signs of damage to the exterior packaging then it almost always means that the interior packaging was insufficient.

 

What was the item, and how was it packaged?

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.

Link to post
Share on other sites

It was an Apple computer, and was packed in all of the original shipping packaging (there are several moulded polystyrene inserts to hold and protect the computer inside the box). Basically it was packed exactly how Apple would've done when sending it out.

Link to post
Share on other sites

Well firstly, if you've re-used the packing materials then it is obviously weaker than when it was new due to the stresses and strains already applied. Secondly, just because Apple pack it in that way does not necessarily mean it is sufficient to protect it.

 

In what way is the computer damaged?

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.

Link to post
Share on other sites

Hi MB,

 

Is there any background to this - have you sold the computer, sent it off to the buyer and it's arrived not working. Or some other scenario.

 

Who has diagnosed the damage to the motherboard. Was no opinion given as to how such damage occured. Have you an estimate for repairing the damaged.

 

Who now has the computer.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

I sent the computer and it arrived not working, I refunded the buyer's money and had it returned to me. I know that anything will take bumps in transit, but I believe some of the BGA chips have come loose, implying a jolt of significant force. Like I said in my first post, if you drop a cardboard box on its flat side it can withstand an awful lot of shock without deforming.

 

Because of the cost of replacement hardware for Apple machines, replacement would cost about the same as the total value of the machine.

 

Parcelforce have not said anything about the packaging being inadequate - all they said is that there is not any evidence that the computer was damaged while in their care.

Link to post
Share on other sites

Hi MB,

 

From all I've read here, I think you have to decide whether to press PF for compensation, possibly by a court claim, or not.

 

In your favour, PF have agreed package was damage. I don't see how they can acknowledge this, yet deny liability BECAUSE of no visible sign of damage to packaging mats.

 

Against you, I guess you have no expert report suggesting poss cause of damage to computer, nor do you have proof that puter was working when sent.

 

Poss evidence in your favour would be if you sell and send puters on a regular basis using PF, with this being the ONLY problem encountered.

 

As with banks (reclaiming chgs from them), you have to show you're determined (willing to take court action) or they won't take you seriously and will deny liability.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...