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    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
    • Hmm, that's strange how they got my email then.  I assume the below is ok to send to DCBL, Nicky?  Hello, I am writing regarding our ongoing dispute and the upcoming court claim reference xxxxxxxx. To ensure fairness and transparency in our communications leading up to the court hearing, I request that you use postal mail exclusively for all further correspondence related to this claim. Please refrain from sending any communication or documents via email. Thank you for your understanding and cooperation. If you have any questions or need clarification, please feel free to contact me via postal mail at the address provided above. Yours sincerely, xxxx
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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.  

      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.

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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.
      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
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I have just received a letter from Civil Recovery Solutions claiming that damage was done to a room at the Travelodge which I stayed in on New Years Eve. Me and my friends are pretty chilled out and not stupid whilst intoxicated and I know there were other people in the room who we were chatting to throughout the night who were staying in other rooms.

Basically the bed was jumped on and broken and coffee and sugar was thrown around the room, and I know I had no part in this, but as the room was in my name, I am being fined £500.73 for 'Damage to bed and electrical socket' and 'soiled walls and carpet'

I was not even aware there was an electrical socket broken, altho was aware of the other damage, altho am 100% certain it wasnt me and have been told by my friends that it wasnt them, which I believe as they are honest and would admit wrongdoing.

Do I have a leg to stand on here? Any help would be appreciated :)

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Your room and you are responsible for it. The hotel chain will have CCTV on each corridor and they should be able to check whether any one went in the room after you left.

 

They will check the cctv, if they can't see anyone else in your room. You will be responsible and liable for the bill of repairs

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you have a 'speculative invoice'

 

its NOT A FINE

it has no standing in law nor ANY law backing it whatsoever.

 

up to you really.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Travelodge terms and cons state-

 

"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property. If you request it, we will send a breakdown of these costs to the address used for the booking."

 

By agreeing to a bookin you agree to these terms and you have broken them.

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"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property. If you request it, we will send a Breakdown of these costs to the address used for the booking."Do you work there then???????????????

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if you were the one who booked the room then its you who agreed to the terms and conditions. travelodge are known to use the county courts to reclaim the damage costs. you need to speak to them and see if they,ll accept a lower fiqure

 

normally they would charge it to your card if you have enough credit

 

would a judge see it as a speculative invoice. damaged caused company had to replace and repair. travelodge did in fact suffer a loss

:???: what me. never heard of you never had a debt with you.
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lets just be clear, i did not recommend you ignore it

rather, just be clear upon 'what' it actually IS

that being it is NOT a fine.

 

you really need to all get together and talk about it , else

you COULD see yourself in court.

 

however

thats not to say the figure they are asking for is 'correct'

and not negotiable

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok... I'll bite:

 

Travelodge terms and cons state-

 

"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if YOU damage our hotel or property. If you request it, we will send a breakdown of these costs to the address used for the booking."

 

By agreeing to a bookin you agree to these terms and you have broken them.

 

According to this, you're ok as long as YOU didn't do the damage. But i'm sure Travelodge will have a different definition of 'YOU'.

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which is why they did not run it on the debit/credit card they swipe upon taking the keys?

 

we have had a few of these before.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Normally the problem with Travellodge is about smoking - where it is difficult to prove, the client absolutely denies that they smoked in the room etc and Travelodge offers no proof about the smoking or any justification for the bill.

 

This is rather different because I expect that there will be photos and a proper estimate for repairs.

 

If the rook was in your name then contractually you are obliged to hand the room back in good condition. If wasn't in good condition then I think that you are probably liable.

 

What you should do is to write to Travelodge and ask them for photos and the estimate for repairs. Tell them that you want to see two estimates and details of any losses that they have suffered.

 

You had better then discuss it with your friends and see whether together you are prepared to put your hands up and settle the reasonable bill.

 

Keep copies of all correspondence - don't dop anything on the phone.

 

You can fully expect that maybe as much as half of the bill is a commission to Civil Recovery.

 

The position I would take is to say that there was no need to bring in Civil Recovery. If they had written you a letter in the first instance outlining the damage with a properly estimated bill, then you would have paid it.

It would only have been necessary to bring in Civil Recovery if you had caused problems paying for the damage. You are only required to pay for Travelodge's reasonable losses and it seems to me that bringing in Civil Recovery from the start is not a reasonable thing to do. Travelodge have a duty to mitigate their losses and they may not have done so.

 

As you have been advised, watch your card because we have heard instances of people merely having their card details debited. You should inform your bank - in writing - not to pay out anything to Travelodge. If anything is taken then complain in writing to your bank ASAP and insist on a chargeback - or better still inform them that this is an unauthorised payment and that you want immediate refund under the FSA rules.

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