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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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    • 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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      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. 
       

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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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ok got my appointment end of the coming week! So any advice of what happens on the day? I have been told the OR will call me that afternoon.

I have been told to take in 3 wage slips, bank statements, and working tax notification. Do i need to photocopy my forms, the clerk said no but i have read online somewhere to photocopy them???

 

I am nervous but feel positive at the same time, i am keen to get the process over and done with and move on with my life!

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I have worked out i have spent around £500 on gambling within 2 years.

 

How will the OR see this?? I know they may impose a BRU/BRO. Just wondered to what levels of gambling they would impose this. And for an amount like this how long this would be for. I believe the min time is a further 2 years?

 

Also as £200 + of it was deposited from a lloyds basic cash card, with no overdraft, therefore i was in credited. Is that looked upon as badly as taking it out of an overdraft or credit card? as obviously one does not actually have the money to spend, it is a debt.

 

£500 seems a small amount compared to some of the BRU/BRO bankruptcy cases i have read on the insolvency site, those peoples gambling debts were in their thousands if not more.

I am far from an addict just like the odd flutter (and have been lucky at times).

 

Anyone had a similar experience?

 

Hi Gemistar.

 

The figures you have quoted will make no difference in bankruptcy with basically no chance of a BRU or BRO, you will be fine (you should still put them down though, but the O/R /examiner would probably laugh)

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Lloyds is unlikely to allow you to keep an account open. The occasional person has managed it, but they close the vast majority and refuse new accounts until you are discharged.

 

That applies even to the basic account. And for most other banks as well.

 

The only two realistic options are Barclays and the Co-op.

 

I know quite a few people who have managed to get a basic Barclays or Co-op account once they are BR, despite owing said banks a lot. However, the Co-op seem less inclined to do this lately.

 

Where is your income from? Can you get it paid into the account of someone trusted temporarily?

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Definitely nothing to worry about at those levels. :wink:

 

Natural to worry though.... Please don't. :)

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Income Payments Agreements and Income Payments Orders

 

HMRC applies nil tax codes for various reasons, and the new tax code will not tell your employer you are bankrupt.

 

I also noticed an examiner for the OR post this on another forum a while back. I hope it's true. :D

 

A bankrupts employer (being nosey) once requested a full breakdown into why his member of staff was on a nil tax code, and had a 27 page reply with every possible reason this could happen the guide book that explained it and a little note at the end that said

 

"cause we told you to, and will not tell you why" :)

 

HMRC is a bit of law on to themselves

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

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my wages are in cash so i'm ok for the mo. Our working tax has been transfered to my partners account.

 

So if i owe to barclays are they likely to let me open an acc with them?

 

What building societies do you recommend.

 

I was speaking to someone who recently went BR and had a silver lloyds acc, they closed it, but granted a basic account, but with no debit card. Everything has to be done in the branch.

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Have you considered a basic account with the post office i know they do an account for having benefits paid in

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi there - Have you tried Abbey - They are a rubbish bank however, they let me open a basic bank account with them just before I enterend into a Trust Deed.

 

I am at the end of my TD now and I am planning on changing banks as soon as my discharge notice this through. The were s short term gap for 3 years.

 

Give them a try. My partner also opened a basic account with NatWest Online Banking. He managed to get a Solo Card. You can apply online for this account.

 

Good luck and keep us posted.

Provident - CCA Request - CCA Received, challenging report with CRA.

Experian - Removal of data request - 10/11/2008 ****** WON AGAINST EXPERIAN *****;)

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I am aware that a student loan is not wiped when you go BR. However am i to include the debt? I owe around £10000, i have never had any deductions from my earnings as i have never been over the threshold in which a student loan is to be paid back. I think i paid £2 once when i left a previous employer.

 

Thanks again

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Good luck Geministar, but my advise would be to start opening an account now so that it is ready before you go BR.

 

good luck for Friday and keep us posted.

Provident - CCA Request - CCA Received, challenging report with CRA.

Experian - Removal of data request - 10/11/2008 ****** WON AGAINST EXPERIAN *****;)

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anyone??? I have listed it as at the end of the day it is money i owe even if it can't be erased via BR. I have listed my reasons for listing it in the extra info section. The OR can do with the info as they wish i guess.

 

Any thoughts would be great.

 

Thanks again

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so am i to guess that the council tax i owe which is now 5months worth will be wiped however my partner will obviously still be liable?? Would he get a reduced rate then for a single persons bill?

 

I am worried as i am going BR Fri that no doubt i will still be hounded by DCA/Baliffs in relation to council tax my partner will then owe. He just isn't bothered, he is made of different stuff to me. But thats the last thing i need. Any ideas??

 

Thanks

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Hello,

 

I must be a popular forum poster now asking various questions about going BR.

 

Here is another what is life like after you have become BR?

 

When the time comes to be discharged from BR can you obtain credit? How likely is it to obtain? (Not that i want to, but in the sense of a future mortgage mainly).

 

I know that whilst being on a debt management plan and having defaults left right and centre i still managed to get some credit.

 

Would really appreciate comments from those who are not yet discharged and from those who are discharged a rebuilding their financial lives.

 

Thanks :D

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thanks but why do i need to start trying now? I was hoping to apply for one online rather than in a branch.

 

My nearest Abby is 14 mile away. Natwest i owe alot to so unsure if they would grant me a solo account.

 

I know someone who had one with nationwide and also halifax when they had gone BR.

 

I was hoping to ask the OR what the best account for me would be. what do you think?

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also people mention basic bank accounts with a passbook if a BS. However the banks etc seem to list their basic accounts as having the facilitiy for direct debits and standing orders. Halifax has one called easycash. Others list them as cashcard accounts but again have direct debit facilities,

 

I'm confused.......

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Hi Geministar, my Abbey account is a basic account with no solo/switch facility however, I have my direct debits and standing orders going out and salary coming in. Each bank is different. With you speak with your advisor on Friday, take their advise.

 

Also, with basic accounts there will be no credit checks. Although you will need to stress that you want a basic account with no frill i.e. overdraft etc. They will try and sell this to you, but you must insisit on it being basic. You also do not need to advise them about your situation.

 

Take care.

Provident - CCA Request - CCA Received, challenging report with CRA.

Experian - Removal of data request - 10/11/2008 ****** WON AGAINST EXPERIAN *****;)

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hi genimin star once you are discharges you BR file will stay on your credit rating for 6 years adn will stay indefinately with the insovency services....

 

i am afraid but it will be quite difficult to get any credit for quite a while and if you apply for a mortgage they will definately ask you " have you ever been declared BR ?" you weill have to answer yes to that and as the lender will check anyway if u have been.

 

however it may be possible with specialist lender but i think they will charge higher interest. i was thinking that myself realting to mortgage later on !

 

But in my opinion once you are BR do u want more credit afterward ? i knwo i do not want any CC, loan overdraft ever .. i learn my lesson too well lol

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your partner is unlikely to get rec duced council tax if you are both living together. the arrear will be simply transfer to your partner ....

 

your partner will be hounded throughgt bailiff a etc.. but the council tax will not be able to ask you for payment though... if you are both Br then the council tax will be wiped off for the both of u and as well as all joint debt etc....

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Halifax will most likely close the account as soon as they learn of your BR.

 

Sorry to harp on, but the only two realistic options are Barclays and Co-op. While they occasional person has managed to keep a basic account from somewhere else, this is VERY MUCH the exception to the rule and you can't expect it or realistically hope for it.

 

That even applies when bank staff tell you the account will be OK. This applies to the "basic" accounts as much as normal ones. Just because an account is "basic" does not make it safe. I've lost count of the number of times I've heard of people being told this only to have the account closed anyway. :eek:

 

Really, the safest way to do things is to open a new account after the BR. That way it will be unaffected. That may be inconvenient for a while until it is set up, but it avoids any nasty surprises if an account is suddenly closed or frozen.

 

Tis up to you what you do, but I was concerned that you may get tripped up here if you are not forewared enough.

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