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    • Thank you BankFodder and jk2054. Dear Mr ***** *****, Re: Letter of Claim, Lost parcel delivery P2G123206851 Case Number 3348098 I write in response to your offer of £75 for the loss of the above parcel which I reject. Your offer comes nowhere near the value of the parcel that you were contracted to arrange the safe delivery of. You state that as I did not take out insurance to cover the full cost you will not be making any other offer. Attempting to limit or exclude your liability under the Supply of Goods and Services Act 1982 and your insistence on paying something in addition to the agreed contract price for the service is unfair and contrary to the Unfair Contract Terms Act 1977. If I do not have a satisfactory outcome by the 10th July I will be issuing court proceedings. Kind regards,      
    • Thank you, I suggested a particular approach in my first post. Will you now follow the advice so that we can then understand exactly what has happened and advise you as to what to do.  
    • I'm not sure whether you will succeed in having the case transferred – but why not try? Whatever, if you don't hear anything – don't take anything for granted and attend at the designated court. If you can show that his licence was in force – back to back despite the various investigations – then there should be no problem. In any event, he should plead not guilty and then explained carefully to the court – maybe with a large diagram which he contender in evidence – and make it clear that if there is any offence is because of some misunderstanding but actually, the charge has been caused by a bureaucratic misunderstanding by the charging authorities. If he gets a "not guilty" then he should certainly ask for the costs of attending court. Don't go for a money grab but keep petrol receipts et cetera. He should point out to the court that he is very straight dealing. He abide by all regulations. He makes all disclosures. He is very concerned about road safety and understands exactly why these requirements are put in place for a man of his age. He should not be challenging in court
    • This happened approx 18 months - 2 years ago. I have not been out of pocket. eBay instantly paid the money to me and then investigated once the buyer claimed the item did not arrive. They favoured towards the buyer and therefore made my ebay account minus £9000. Subsequently the ebay account got suspended and I since cut ties with it and no longer have access to it.  
    • Regarding "No breach of contract" where they have used E instead of F and that incorrect post code has always been there in subsequent PCNs including the first one,  does that not make it a valid point? because contract shows different postcode then PCN,  also if valid can this be moved under different section such as "No Locus Standi"? Since there is no mention of EV charging bay or its abuse in contract,  can same fact in point 3.1 be used under "No breach of contract"?  does the grace period of 10 minutes needs to be mentioned in terms and conditions signage?  
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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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    • 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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mortgage indemnity - still being pursued by royal and sun alliance


neo321
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Hello Neo321

 

Welcome to CAG. Before you start the process of getting your charges back, have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen.

 

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

 

If you any questions please do come to the forum and we will only be too happy to help you!

 

Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.

 

All the info to get you started is here:

http://www.consumeractiongroup.c o.uk...se-read-these/

 

There are more links below to assist you get around the site.

 

Good luck

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 1 month later...

with regard the "MIG". there was a court case that clarified this position, and i understand that there is "no time limit" for the insurer to try and recoup whatever they paid the mortgage company. I personally am still being pursued by royal and sun alliance for this relating to a mortgage in 1989. Any one beat 18 years ?

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  • 2 weeks later...

Hi Neo321,

 

Do you remember any details of the court case which clarified the mig position - i've just found some case law that was cited as recently as the end of 2007 in which a mig was defined as a contractual contract and therefore subject to the 6 year rule. It depends on the terms of the MIG.

 

With regard to time limits they have a 12 year statute of limitations at the moment for mortgages - the debt still exists it just means that they can't enforce it through the courts!

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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