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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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    • The Phantom
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By The Phantom · Posted

      I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • SOD'EM
      Virgin Media playing Games.

      By SOD'EM · Posted

      Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • pralink
      PRA Group Claimform - old Barclaycard

      By pralink · Posted

      Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • aries18pk
      Need help with huge amount of unsecured debt

      By aries18pk · Posted

      Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  

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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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HFC Loan Court Claim-Advise needed

SupermanX

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SupermanX

SupermanX

Posted
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the court has scheduled a summary judgment on the same day as the claimant's hearing, eventhough i applied for a SJ without a hearing :???: !

 

i'm now trying to settle this before SJ, they have refused to vacate the SJ hearing basedon the fact that we may need more time to settle, however they are willing to review the situation a few days before the hearing date.

 

Super

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car2403

car2403

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The Court won't be happy with that - if they wait a few days before the hearing, it's unlikely the hearing will be vacated in time. (It takes the Court 3 weeks to turnaround, these days!)

 

Anyway, not to worry, as you still need to attend the hearing and inform the Judge that you've tried to agree to a stay based on getting a settlement ready - so keep anything you have to prove that, as it will be useful later on, if it doesn't go to plan.

 

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caro

caro

Posted
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the court has scheduled a summary judgment on the same day as the claimant's hearing, eventhough i applied for a SJ without a hearing :???: !

 

i'm now trying to settle this before SJ, they have refused to vacate the SJ hearing basedon the fact that we may need more time to settle, however they are willing to review the situation a few days before the hearing date.

 

Super

 

These are just my thoughts on this but make sense to me. Although you may have asked for SJ without a hearing, the judge may want more information before deciding on that, maybe from you to see why he should pass SJ, maybe from the other side to see why he shouldn't.

 

If he then decides not to pass SJ, it makes sense to hear the case while both sides are there.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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car2403

car2403

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Posted

Even if you didn't ask, or pay for a hearing, the Court can still order that the application(s) be heard at a hearing on it's own initiative. Usually, where both parties apply for SJ, a hearing is a given anyway, as both parties clearly have issues with the claim that needs to be addressed - again, usually, these hearings come to very little, as the Court will be reluctant to award SJ unless it's clear that either the claim should fail on technical and equitable merits, or that the defence is flawed and cannot continue. Even if that is the case, the usual outcome is further directions for the future conduct of the case. (Which would mean amended POC if the claim was dodgy, or an amended Defence if the defence was dodgy, or both, being ordered - only if non-compliance happened would the claim be struck out, but it's still unlikely SJ would be awarded, even in these circumstances)

 

IMHO, the fact that both parties think they should get SJ, will mean that neither of them will - if you have enough evidence to even request SJ against the other party, there has to be a prima facie case to answer and a defence that at least needs to be tested by the Court in a final determination hearing.

 

The Judge won't hear the case at a SJ hearing neither. He may question the parties to establish if there is a case to bring and a suitable defence, but the standards required at this early stage are very low.

 

The best you can expect, should you get to the hearing, (and the other side turns up!) would be to seek directions for amended POC, followed by an amended defence, leading to full disclosure of witness statements and supporting documents prior to the final hearing being listed, IMHO. Oh, and remember to ask for the directions to be an "unless order", so that you don't need to go back to Court for a strike out, should they fail to comply with the deadlines - I'm almost certain the Court won't want another hearing on the same subject, so push the issue of saving the parties and the Court time, by asking for an unless order...

 

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SupermanX

SupermanX

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Thanks for your advise. To be honest with you, I'm a bit nervous for the hearing as I'm not sure what to say:???:

 

On a different note, do you know a solicitor that i can get in touch with a PPI claim that I have versus Egg credit cards,..i've posted this on the PPI section of this site but so far i've had no reply. I need to amend my POCs and submit my AQ before the end of next week.

 

Tks

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SupermanX

SupermanX

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we are still trying to agree settlement on this but as we have not reached agreement they have agreed to adjourn the SJ appliaction to the first available date after 28 days. They have suggested that we should ask the court for 30 minutes for the adjourned hearing.

 

I have the above confirmation on email, the original hearing is scheduled for Tuesday.

 

1) I also need to adjourn my SJ application?

2) Shall i write to the court, or attend the court to explain the situation?

3) are there any fees to pay? i believe it is £75

 

Super

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car2403

car2403

Posted
Posted

If it's Tuesday, it's probably too late.

 

You should take a letter to the Court in person and ask the Judge to adjourn your application as well. It would be worth still going to the hearing, so you can just do this on Tuesday. (Or Monday, if the Court is near and you can go)

 

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SupermanX

SupermanX

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Hi

 

we have now agreed settlement on this, they want me to sign a consent order? they also want to apply to the court for the case to be stayed until full payment is made, we have agreed to a monthly figure not a lump sum over a term of xxyears

 

they also want to review my situation every 6 months, shall i agree to this? also I'm not sure how this would appear on the credit file?

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AndyOrch

AndyOrch

Posted
Posted
Hi

 

we have now agreed settlement on this, they want me to sign a consent order? they also want to apply to the court for the case to be stayed until full payment is made, we have agreed to a monthly figure not a lump sum over a term of xxyears

 

they also want to review my situation every 6 months, shall i agree to this? also I'm not sure how this would appear on the credit file?

 

Hi Super I trust you are well,long time no chat.

 

Ok with regards to the above Consent Order their request are quite normal under the Consent so nothing to worry there.I trust you are happy with the final figure and your proposed payment instalment.

With regards to the stay this is normal and allows either party to seek recourse from te Court in the event that either party should seek a variation of the Order.In addition if you were to default on the monthly instalment,then the Claimant wold have recourse to the Court

The six month review is also standard practice to veryfy your I&E.

 

With regards to your credit file this will appear as a default and cannot be marked as satisfied (even though you reached an agreement).This is because Lenders are under a legal obligation to reflect the true position in accordance with the Information Commisioners Guidance.

 

I trust you are satisfied with the outcome of your case and clarifies your concerns..Well done

 

Regards

 

Andy

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SupermanX

SupermanX

Posted
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Thanks, yeh long time no talk, I've stayed clear of creditors ;)

 

what happens if your income changes, can any party renegociate the terms? if there is no compromise would the current deal stand?

 

Super

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AndyOrch

AndyOrch

Posted
Posted
Thanks, yeh long time no talk, I've stayed clear of creditors ;)

 

what happens if your income changes, can any party renegociate the terms? if there is no compromise would the current deal stand?

 

Super

 

Well naturally if your income increases the Claimant would like to renew the payment plan and if that fails between you and the Claimant then both have recourse to apply to the Court for them to decide and vary the Consent Order.But in most cases the Claimant would be happy to maintain the agreed payment/Consent Order

 

Regards

 

Andy

We could do with some help from you.

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