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    • Don't bother with what Trading Standards tell you about this - we've had far more experience in dealing with gym m/ships over the years.   1. Have you cancelled the DD mandate - if so, when ?   2. When did you last use the gym, approximately.
    • I sent them their quote which outlined the 8-10 weeks start to finish.  Their response is also below.  I placed the order 1st Sept and would have been ok with a couple of weeks here or there as I know delays can be experienced due to others in the chain/weather etc but Feb was too much. I hadn't thought to contact the council re the Building Regs, will do that tomorrow.  At this stage I've only paid the deposit on credit card but it's £2k. The next payments are in stages and they will not accept cards.  Their advice re delays on 29/9 was in response to me asking if we had an install date.  The same day they were advertising for fitters. Their refusal to get their director to call me or make an appointment is making me nervous of continuing.  I woke this morning thinking I would go ahead as we hit it off when he came round but if his administrator has enough clout to stop me talking to him she must be a member of the family as well.     "We did advise a 8 – 10 week installation process from survey which was on the 07/09/2020 so working on this lead time your installation date is due on the week commencing 16/11/2020.   We then advised on 29/09/2020 there is unfortunate delays and I gave you a worst case scenario date as depending on the delivery times this could well be brought forward but we also have to consider we have a 2 week festive holidays.   You still have not been able to provide me with written confirmation that Collin, Davina or Lisa have stated this installation will happen before Christmas. So the delay is unfortunately 8 weeks with the potential of being sooner than this, I just can’t give you an exact installation date hence why I gave a worst case scenario."
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    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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RoyalMail-undelivered goods


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Hi,

better start another action.....Last year got knocked off my bike n my laptop broken, other party's insurance requested me to post it ( 28 April08) which I did, 3months went by, no laptop-checked online ( still undelivered) put in Lost item claim -no reply. Today sent off letter saying either

1)Find item so I can continue claim

2)Refund me the cost of the replacement

3)I take you to smallclaims+costs ect

Without the broken ie useless ie worthless laptop, I cannot make an insurance claim. I have contract with RM, mother was there to witness packaging and deal with Postmanager,

Let's see how this developes, Q

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Have you not received any communication from Royal Mail whatsoever?

 

Oh, and you more than likely have no contract with them, but that's a different matter - what service did you use to send the item?

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.

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Well they are listed on their website as, Royal Mail Group Ltd. Thus i don't see why this should be any different to any other contract.

 

It appears that the other party has breached the contract i.e. not delivered the goods, and thus you are entitled to compensation to reflect your losses that stem from their breach.

 

How can you prove what was posted? Do you have a certoficate of posting or was it recorded?

 

One word of caution I once threatened legal proceedings against RM, but the woman was adamant that they occupy a unique position and cannot be sued Her Majetsy's Mail etc.....

 

But to be honest I can't believe this. All Ltd companies have a legal personailityu capable of being sued.

 

the reality is that they will spend more on legal fees to defend rthe claim than to settle.

 

send recorded LBA and 14 days later commence proceedings.

 

Good luck

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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One word of caution I once threatened legal proceedings against RM, but the woman was adamant that they occupy a unique position and cannot be sued Her Majetsy's Mail etc.....

 

But to be honest I can't believe this. All Ltd companies have a legal personailityu capable of being sued.

 

Majority of RM services are provided under the Postal Services Act 2000 and are non-contractual. They are also exempt from liability in certain circumstances so it may be difficult to sue them.

 

Nevertheless they should still cough up the compensation you're entitled to under their own compensation schemes - hence why I asked which service was used and RM have had to say on the matter thus far.

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.

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Well they are listed on their website as, Royal Mail Group Ltd. Thus i don't see why this should be any different to any other contract. No contract is ever entered into with RM, not even with Special Delivery.

 

One word of caution I once threatened legal proceedings against RM, but the woman was adamant that they occupy a unique position and cannot be sued Her Majetsy's Mail etc..... The lady was quite correct.

 

But to be honest I can't believe this. But it is a fact. All Ltd companies have a legal personailityu capable of being sued. RM are not a limited company in the same sense as other limited companies in the UK as the government are the major shareholder and limited liabilities can hardly be appropriated to the UK government.

 

....

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Well well you learn something new every day. I did suspect that this may be case, but then saw them listed as a ltd company on their website.

I'll be posting valuable items with someone else from now on!

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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  • 1 month later...

Hi -Read the articles on Recorded Del'

 

Here's a pitch to try. After having my laptop broken -and leg broken- in a bike crash last year. Insurance company told me to send it to them for assessment. Went into PO to send it with Mum, who witnessed packaging / exchange with PO manager. PO manager said-just send it Recorded ( No value ) Posted it- no reply from recipient-months go by -no show on tracking.Made claim for loss- RM keep sending letters saying more details needed. I send letter demanding, return of lost item / compensation / small claims court issue. RM reply saying more detail needed.

 

Basically I am set to do a small claims case on this. Breach of contract. Worth a shot.Without this item cannot resolve insurance claim.

 

Q

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Qhriss you cant win, as RM has immunity in law (due to Postal Services Act 2000) from such claims.

 

Advise you give up frankly.

 

Also, should have been sent special delivery as your maximum compensation sent signed for is £36.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Well- not good.However the advice the PO manager gave us, witnessed, was to send it this way. Special Delivery was expensive -£25 or so. So really as it is a service provided, for which I paid for. Some case should exist ?

 

Q

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Qhriss sorry but you miss the point.

 

RM have ABSOLUTE IMMUNITY from such claims. Is it completely unfair? YES. Can you do anything about it? NO.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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If it was any other company, I would wholly agree with you - they would be in breach of contract, and the customer assistant was negligent in his advice, directly leading to your loss. Virtually a guaranteed win in court. Unfortunate really that RM has this unique position in law.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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