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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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    • 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? I am working on information that @BankFodderhas requested and will be sharing it later today.  
    • dx100uk
      US elections November 2024 [amended 18/04/24 - HB]

      By dx100uk · Posted

      wrong!!  
    • dx100uk
      Intrum to Resolvecall - old halifax card debt

      By dx100uk · Posted

      who said send the sb letter to RC anyway? we said the debt owner not the grease monkey.

  • Our picks

    • 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.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

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      BankFodder,

    • 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
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

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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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Help - Underground Fare Evasion at Magistrate Court

charlie7111

By charlie7111
in General Consumer Issues

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charlie7111

charlie7111

Posted
Posted

HELP! I had been taking steroids to help with my illness and these caused numerous side effects. I had not been out for nearly 6 weeks when I went out to celebrate it. I knew I was going to be late as I had been sleeping for most of the day and didn't think so I just grabbed my mother's freedom Oyster card. An inspector stopped me at the entrance and asked questions. In my state of mind and being impatient to be there on time I just said 'yes' to his questions even though one or two of them weren't correct. My solicitor and even my doctor to wrote to them to explain the side effects I had due to the medication but they still issued me with a summon. My doctor wrote another letter to see if they could settle out of court but they seemed to ignore it so now I have to attend the hearing next Monday. I need to enter my plea. Can anyone suggest what I should do. Does it mean I get a criminal record if I plead guilty (with mitigating circumstances) or should I not plea guilty and get my solicitor to argue it? I cannot afford a criminal record with my work in education.

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raydetinu

raydetinu

Posted
Posted

If you have medical grounds to mitigate this, and you can submit evidence to the court for this, then with the advice of your solicitor I would plead not guilty. Dont know if you can get a jury trial for this, but that is the way to go I think. Again check with your solicitor. Are you elligable for legal aid or whatever they call it now.

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charlie7111

charlie7111

Posted
  • Author
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Does it have to go to trial with a jury if I plea not guilty? Thought you just go back to the same court. Don't get legal aid. All I want to do is to show that it was due to the medications I was taking at the time. Can get doctor's letters to show. Would they take that into consideration when deciding if I plea guilty? What I don't want is to have a criminal record which would result in losing my job or having to declare it for the next job.

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raydetinu

raydetinu

Posted
Posted

No, will be heard by Magistrate initially.

If you plead guilty, even with mitigation, you will automatically get a record, even if they give you an absolute or conditional discharge!

The only possible way to avoid that now is to plead NOT guilty, and get a slocitor or even a barrister, which will cost a lot. Hence I said about getting Legal aid. Magistrates on the whole apply the law and only reduce the sentence due to circumstances not let people of. Now jurys are different, they can be swayed and are more likely to take into account the effect and otherwise you would not have done it etc.

Its up to you now, good luck.

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Guest joe.inom

Guest joe.inom

Posted
Posted

I mean like the world is a worst place to live now.This is like yeah we understand that you have been not taking the stuffs seriously , but just generally , but the jury wont understand this , i am sure.

No matter what your background is or what are you upto , you will be given off an criminal record.

Sorry for ya man.

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raydetinu

raydetinu

Posted
Posted

Theey cant let you off if you plead guilty!

recorded for 11 years, its not like driving offences.

Speak to a solicitor about legal aid about the rules or look up on the net to see if you qualify, depends on income.

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charlie7111

charlie7111

Posted
  • Author
Posted

The solicitor who wrote the letter to TFL explaining my conditions and why they should not initiate court proceeding suggested I should try to go for absolute discharge which means that there are no record. Now should I take a solicitor along or just bring all the paperwork from the doctor, the hospital plus the letter from the solicitor to explain that my action was due to the medication myself?

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raydetinu

raydetinu

Posted
Posted

Wrong if you plead guilty, its on your record that you have admitted to a crime. the court may well give you an absolute discharge; i.e. no further penalty which is usual in minor/first offences but it WILL be recorded as a guilty verdict and recorded as such. Defo get a solicitor, if you do not have one their will be one in court that you can speak to. You will be asked to enter a plea but may not be heard until another time. Let be clear if you plead guilty it will be recorded for eleven years.

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raydetinu

raydetinu

Posted
Posted

You enter a plea at the hearing and it will either be dealt with on the day or a date for the hearing will be set in the future. At the future date you can change your plea if you wish. you can only change your plea from Not guilty to guilty. so if in doubt plead not guilty in the first instance.

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raydetinu

raydetinu

Posted
Posted

These questions should be addressed to your solicitor at court.

If you have pleaded guilty by post you may not even have to attend, it will be dealt with in your absence. I pressume you put your mitigating circumstances on ther form. Are you required to go to court? You can still attend in person and in these circumstances change your plea in court to not guilty, but you would need to confirm that with the duty court solicitor. there is always one in the court to advise.

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charlie7111

charlie7111

Posted
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I signed the second box saying that I will attend so did not put any mitigating circumstances on the form. Was wondering whether I can just call up the court today to say I want to change my plea. Have read the threads and some said they didn't even get a duty court solicitor when requested, is that true? Have never been to court so don't know how it works

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raydetinu

raydetinu

Posted
Posted

True the duty court solicitor may be busy on another case; suggest you get there early and try and make an appointment.

By all means phone the court to change the plea or at least notify them and see what they say. As you will be there they will ask you to vonfirm your plea anyway so you can change it then.

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charlie7111

charlie7111

Posted
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Thanks for that. Didn't realise this but went to the doctor this morning and spoke to him the case again. He will call TFL today to see if they can settle out of court but he also suggested I should contact my union. Having spoken to the legal firm linked to the union they will be sending either a solicitor or barrister to represent me in court on Monday. So hopefully they can advise in more details. So I say if you are in a union go to them first to see if they can help. Do you still think I should plea not guilty?

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