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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • FTMDave
      UKPC/DCB(L) Windscreen PCN Claimform - Walcot Yard, Walcot Road, Bath, Ba1 5bg.

      By FTMDave · Posted

      Thank you. The fact it was a permit-holder car park, rather than a pay car park, does help your case.  You can argue Prohibition at least. Have a look at the attachment in post 40 here  https://www.consumeractiongroup.co.uk/topic/466177-ukpc-2x-windscreen-pncs-claimform-forgot-permit-appealed-res-parking-my-own-space-east-croft-house-86-northolt-road-south-harrow-ha2-0es-claim-dismissed/page/2/#comments You can use the introduction, Prohibition section, Double Recovery section and the concluding Statement of Truth as the basis for your own Witness Statement.  Your case is virtually identical.
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    • john12039
      UKPC/DCB(L) Windscreen PCN Claimform - Walcot Yard, Walcot Road, Bath, Ba1 5bg.

      By john12039 · Posted

      Parking dispute - DCB Legal 09:05:24.pdfHi there, Please find attached the correspondence to date as requested. I have attached everything that I have in terms of correspondence. To the points raised: Your case is not looking too good at this stage. Not helped by the car park not appearing on Google Street view.  Interesting that UKPC seem to think that Walcot Yard is off Walcot Road when it is off Walcot Street. Part of Walcot Yard has the postcode BA1 5DW which is a building called North Range. You would have to find out where in Bath they would know the specific post code for the car park there since if it were the 5DW ending you may be able to claim that you weren't in BA1 5BG Walcot yard, Walcot Road, but BA1 5DW Walcot yard, Walcot Street.  >> Thank you, I am trying to find more information on this.  But probably the main help would come from the site manager. A  written statement from him explaining the informal situation with the land owner or better still  finding out who the land owner is  and contacting them might help. though getting UKPC to cancel at this late stage will be next to impossible. >> I can also do this. The site manager is able to provide a written statement. However, they have not been able to contact the site operator, who lives elsewhere in the UK. It is a very frustrating situation but I have really tried.  
    • dx100uk
      Intrum (1st Credt)/DWF SPC OD Court Claim - Old HBOS OD - Calling OC to Court?

      By dx100uk · Posted

      no we dont give private advise helps no-one bar YOU not what CAG is about. post it here dx    
    • Johnny1 leg
      2010 Loan Debt from Dubai bank last paid 2009 and IDR letters by Email

      By Johnny1 leg · Posted

      Thanks for the reply Dubai 50. will keep on filing everything in the bin, physically and digitally. 

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cabot/Morgan Solicitors-Court Action (ex Goldfish account)

barns66

By barns66
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barns66

barns66

Posted
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I think you should telephone Morgans first thing tomorrow.

 

DD

 

Hi Daniella,i will wait untill the post arrives around 10 in the morning to see if i get anything from Morgans.

 

barns66

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barns66

barns66

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Hi Barns, all the best for tomorrow.

 

Delilah

 

Hi Delilah,thanks for your best wishes,i have been at hospital with my wife today and did not get back in time to call Morgans,i was waiting for a reply to a email i sent last Friday but when i looked at the email i sent i put the wrong claims number it everything else was correct but somehow i put 2 ones when there was only one.I sent them another one before i went to hospital with wife,requesting them to try and send me a email before 08:30 in the morning with the information i had asked for.I had received through th post when i returned home i had received a letter from Morgans dated the 22nd July byway of service from them the Claiments Statement of Costs for the hearing.It baffles me how they state on 2 occasions in the attendance column court,i have only ever seen them in court once and thats when they did not comple cwith a court order,it was when they where applying for a application for a time extension,i complied with all court orders and they then have the cheek to charge me nearly £100 for them attending that.I think i am like a lamb going to slaughter as i have no documents yet from Goldfish/Barclaycard apart from the default notive.I will went plenty of luck i think.Thank you Delilah and everyone else on here for your solid support.

 

barns66

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Desperate Daniella

Desperate Daniella

Posted
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Hi barns66,

 

I am so sorry your wife is unwell.

 

I know it's terrifying but you mustn't go in like a lamb to the slaughter. Honestly, I do know what it's like, but even if you get in a muddle you must hold your ground on the points we have raised, especially that they won't provide the agreement. I would say that you have reason to believe there were unfair terms in the agreement and that as they are refusing to provide the agreement this has further convinced you that this must be the case, and I would ask the judge to adjourn the hearing and require them to produce the agreement within 14 days. Keep reiterating that the agreement you signed must have had the prescribed terms, and it is this that you have repeatedly asked for and they are flatly refusing to provide it.

 

By the way, if the judge says did you have the money, you must say, "I have never denied having the money, it is the terms under which the money was advanced which is the issue here, and I am entitled to inspect my original agreement.

 

I actually got asked that question, and that was my answer. The judge accepted it, and the other side's solicitor looked stunned.

 

Forgive me for asking, but for speed's sake, is the default notice on the thread?

 

DD

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barns66

barns66

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Posted (edited)

Hu Daniella.I will do as you suggest when i go to court tomorrow,there is a default notice posted on this thread on post #62 i think it is on page 4 of the thread.Once again thank you,if you can not find it i will post it again here

 

 

barns66

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barns66

barns66

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Thank you. You need to go back to the advice ccm and DonkeyB were giving you at the time and make sure it's on your list of highlighted points for the judge (if it isn't already!).

 

Hi Daniella,i have tried to highlight on everything i have sent to court and to Cabot/Morgans.I will do th same in the morning and bring it to the judges attention/

 

barns66

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Desperate Daniella

Desperate Daniella

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I will be thinking about you and sending up prayers and positive thoughts. You can do this, but you'll need to be very punchy, and I know that'll be difficult and you must be worried about your wife too.

 

If the judge does decide in their favour, remember that judges don't tend to make people pay more than they can afford, so ask for him/her to wait for an income/expenditure report before deciding on repayment terms.

 

But, you should be able to do this.

 

DDxxx

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AndyOrch

AndyOrch

Posted
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Could always prepare an I & E anyway Daniella just in case ( save having to make a further request later)

should the worse scenario happen and be it a forthwith (hopefully not Barns)

 

Best of luck tomorrow.

 

Regards

 

Andy

We could do with some help from you.

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Hadituptohere

Hadituptohere

Posted
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Hi Barns

 

Wishing you well mate, Be strong..

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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barns66

barns66

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Hi,I lost in court to day,i had a feeling that would be the outcome within a few minutes although to be fair to the judge,he tried to help me when i got stuck.he did not let the barrister and the solicitor that where present bully me,he explained everything to me why he had decided in Cabots favour to It seems default notices mean very little and they do not have to provide a deed of assignment.

 

barns66

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AndyOrch

AndyOrch

Posted
Posted

Sorry to hear that result Barns.What was the judgment installments or forthwith, did you do an I&E ?

Of course they dont have to show the DoA its deemed sensitive and confidential, they must however provide a NoA.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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barns66

barns66

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Sorry to hear that result Barns.What was the judgment installments or forthwith, did you do an I&E ?

Of course they dont have to show the DoA its deemed sensitive and confidential, they must however provide a NoA.

 

Regards

 

Andy

 

 

Hi Andy,he told me to try and come to some arrangements with Cabot to pay it of in installments if we could not make application to him and he will make sure that i am left with enough to live comfortable on.I found him very fair as he told the Cabot solicitor it was time they started making the letters they send out much clearer,they turned up with as document today that i had never seen but been asking for,it was dated April 2008.I forgot to put in my last post the documents that Goldfish.Barclaycard was of no relevance to the case and they can provide the t/c from when the account was assigned to Cabot it wax not neccessary for them to provide them from when the account was opened.I awill keep updating the thread as i recall what was said/

 

barns66

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Desperate Daniella

Desperate Daniella

Posted
Posted

Hi barns66,

 

I am so sorry.

 

Did you ask for a copy of the judgment? I don't understand how the original terms you agreed to are not relevant. You never signed any agreement with Cabot. This would seem to mean that anyone can come up with anything and the CCA 1974 offers no protection.

 

Again, I am so sorry. You must be feeling rotten.

 

Daniella xxx

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DonkeyB

DonkeyB

Posted
Posted
I forgot to put in my last post the documents that Goldfish.Barclaycard was of no relevance to the case and they can provide the t/c from when the account was assigned to Cabot it wax not neccessary for them to provide them from when the account was opened.

 

barns66

 

 

Er... I disagree with the judge. If they are relying on Carey v HSBC, it was made very clear that the T&Cs from the time of the opening of the account as well as the most recent were required, together with the exact addresses to which they were issued.

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barns66

barns66

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Er... I disagree with the judge. If they are relying on Carey v HSBC, it was made very clear that the T&Cs from the time of the opening of the account as well as the most recent were required, together with the exact addresses to which they were issued.

 

Hi Donkey the judge brought Carey up and i told him i believed that it did not mean that they could supply the t/c's from the time the account was opened and he said that was not how he andl a lot of judges where reading it and conditions,i would not be sure he said that though.

 

barns66

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