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    • Do you intend to revise this thread's title assuming Labour win the general election?  
    • quite usual for couriers to swap parcel contents, though it could have been done by someone at the 1st address before it got to where it should have .... ebay. just to clarify as you seem to be not understanding/reading some posts correctly.   you should always ignore a dca totally unless you ever get a letter of claim in the post. you never ever ring a DCA.. they LIE. no!! no!! they dont own the debt, their txt says our client ebay. only the OWNER of a debt can take you to court. and ebay dont do court. i find it quite amazing that you have numerous threads about ebay/paypal regarding issues since you joined in 2011 but have never read any of the advice previously given. dx    
    • so where are the one with this HMTL link? and when were they sent.? pdf's merged and properly named. dx  
    • Hi Just had a wee look at your PDF and nothing really to add. Now as for the Court Fees if these are in there Claim then that is for the Judge to decide whether they accept the recovery of Court Fees in the Claim. If recovery of Court Fees are not in the Claim and they try to recover these via your deposit then you dispute this with the Tenancy deposit scheme your deposit is protected in and point out these costs should have been in there Court Claim which they failed to do and is there error.  
    • The postcode is an important point. You cannot be in two postcodes at the same time and the contract only covers the F area and not the E area where Met placed your car. See there is some   advantages in with idiots.🙂 The other fact about the electric spaces is that as you are not allowed to park there, the sign is prohibitory so cannot  offer a contract anyway. and another biggie in your favour is you were not the driver and the PCN does not comply with PoFA. I had another look yesterday at the PCN and there is another error since it does not say that the driver is responsible to pay the charge during the first 28 days. Schedule 4 Section 9 [2][b] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; so that is another nail in their coffin and it s something I would include in  your WS since that is one that every Judge would accept as a failure to comply. As far as their WS is concerned some of them leave it to the last minute to prevent Defendants being able to counteract their claims. However if they leave it too late [ie after the stipulated time] you can email yours to the Court on the last day and complain at the bottom of your WS that you have not received it and therefore you are asking the Court not to accept their WS. In your case it isn't that important since you have a virtual walkover in Court. I would be surprised if they don't concede beforehand. It is a lost cause for them. Not that I would advocate parking in their electric bay in future with a petrol driven car again.🙂
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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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Hi y'all, I'm a newby to this forum, but I hope someone can help.

 

Ive just bought a new property and the waste pipe for the washing machine was fitted incorrectly resulting in a flood. It's ruined new pair of curtains and 7 pictures. The builders say I have to provide reciepts but I can't find one for the curtains and the pictures are from my previous house so I have none for them either. Can anyone advise?:-?

 

This is not the only problem I've had and I've only been in 4 weeks:cry:

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The builders will have to estimate the cost of damage with your satisfaction.

 

The fact there is no receipts doesn't mean no damage has taken place.

 

What if you bought some of the paintings from a friend or family member? Are you expected to demand a receipt from your own mum?:-?

 

Thinking of it, what if you were given a painting? It is still a loss to you but of worth.

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You do not have to provide receipts, but merely estimates of the cost of replacements. If it went to court, they would (more than likely) place a judgement in your favour, and would not question the costs you were reclaiming (iif they were not hugely excessive). The reason these builders want receipts is due to them knowing you probably won't have any or will not be able to find them, and then they can refuse - but it doesn't discharge them in their obligation to replace the items or the cost you have incurred through their negligence and poor workmanship!!

 

if you did want to take this further, then I would provide them with estimates of the cost of replacements (bearing in mind you have to show that you are not replacing items of a higher value for those of a lower) and advise them that this is what is satisfactory. Remember to get it all in writing, and if they refuse ask them to put it in writing. When you recieve this, lodge an order at the small claims court and provide the letters which have been sent between the two and they will have to provide a valid legal defence as to why they are not willing to carry out their obligations. They will either ignore it (in which case you win by default and a CCJ will be issued to them) or settle out of court! In the unlikely event they defend it, they may not even show up on the day (in which case, you will more than likely win) or the judge will not be impressed with such a clear cut case. Hopefully it won't get that far, but stand your ground - you're in the right!!

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Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Sorry to hear about the recent flooding made by the washer, why you seeking the builders replace the damaged items, can you not claim from your contents insurance....the curtains can be just washed, or dry cleaned, how the pictures became damaged i'm trying to wonder ?

The recifing of the waste pipe will be covered under builders insurance, the workmen will just re-do the work to make all safe....

All talk about the possiblie of court and judges etc etc are far far away, it will be settled before any such action will be deemed nessary.....

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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  • 4 weeks later...

Hi,

Thanks for the great advice, I recieved a cheque for £140 today for the damage to the brand new curtains and the pictures that were still stacked against the wall ready for hanging. I did'nt claim from my insurance because I did not want to lose my no claims discounts and did not think I should as the problem was not made by me. I also did not think I should have to put up with cleaning a pair of curtains that had only been hung for a day and were a matching pair.

So thanks again!! :)

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