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    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  Of course, I refuse to be held accountable - in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • 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.
    • 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.
    • 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
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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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Nationwide taking court action


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Excellent CCM. Many thanks for that.

 

I wonder if you know the answer to this one - Can this AQ be handed in to the court personally, or does it have to be sent by post?

 

I know today the OP didn't start work until 11am, so it may be possible to take it to the local court first thing in the morning.

 

SH

 

Yes thats the best way to do it, ive done it twice, the last time i asked for a receipt, and she wrote it out on one of the courts compliments slips, they are normally very helpful as well, if you have any questions on procedures or anything like that, but you have to ask they dont offer any info otherwise.

 

BTW they open at 10am, the quietest time is after 3pm

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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OMG! How can I possibly thank you both...SH and CCM for what you have done for me....

I have completed the form and printed of all the copies now all ready to post...the courts will go next day special delivery the n/w recorded delivery.

I will continue to post up a copy of anything I receive form either the court or n/w in the hope that anyone else going through the same will have all the answers

Thank you very very much...

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Hi SH...Thank you again!!

I cannot get it to the court, but special delivery should have it there on friday as they guarantee this and i will get a receipt from the p/o. I will be at the p/o at 9am...cant wait to send it off it has been such a worry and I cant try and sort it with other people around as they dont yet know:(

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Good luck 1littleduck

 

im keeping my fingers crossed for you

 

keep happy ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi CCM, SH and all.

I have received the attached today from the n/w, I must say that they cut it finer than me with their time to reply...

http://i534.photobucket.com/albums/ee344/gangsta_caz/Nwe.jpg

http://i534.photobucket.com/albums/ee344/gangsta_caz/Nwe1.jpg

Fingers crossed.xx

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At least it shows you've got them on the back foot stalling for time.

 

Courts do have this irritating tendency to allow institutional claimants more time than they should.

 

Never mind, they may even discontinue. It has happened before. Even if they don't, they don't have the paperwork they need, and they should not be able to win this case.

 

If they do win it, then the judge will not have done his job properly.

 

SH

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hiya littleduck

 

i hope you have someone coming with you to support you, have noticed coventry court on nationwide paperwork

 

if you wish to have any support pls let us know

 

ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi, the court will allow them another 2 weeks i think, however i don't think it will take them that long, they are obviously having trouble deciding on whether its worth continuing.

 

Thats a good defence, mostly written by pt, BTW, im not surprised they are having second thoughts after reading it, and by now of course they will have read your draft directions, so will be even more cautious.

 

So far its only been their inhouse legal dept you have been dealing with, i think faced with what you have thrown at them, they may be considering whether to bring in a barrister, and the costs of it all should they lose.

 

Thats my opinion of it so far anyway.

 

So just sit back and wait, theres nothing to worry about.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Thanks again all...and Maz I have to go on my own so if you are willing...I could use the company..I am still really worried, but trying not to as I have so much faith in this site now...lol one thing for sure, I will write a full account for all others so they know what to expect.

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HIYA littleduck

 

im in the area i did try to send u a pm letting you know where i worked, but id too much in my mails and it failed,

 

i am off normally every wed if not if its on another day i will try to get holiday im due still or swap my regular day off,i can normally do this no probs

 

its just i noticed the court on your court papers,

 

i went to support my friend in the summer when she had a charging order and at least we got the case adjourned as the link man solicitor didnt know half of what had previously happened and yes that was my first time

 

its not as scary as it sounds and i can understand for the first time it is not knowing what to expect and like

 

im glad i attended as i now know its not too bad as long as we have a good defense case and everything prepared correctly as it should we can have a good crack at it

 

so if you are still happy for me to come and meet you at the court no worries

 

ive seen others on cag supporting those going to court so thats why i offered i wasnt sure if it was the done thing you know security and stuff

 

but we can pm ourselves and meet up in neutral ground first if you wish that is absolutely fine by me

 

im sure you will get all the help from cag that you need before the court case

 

have a good day ciao to all MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Thank Maz...I would really appreciate the support...I will pm you my e-mail and if you on msn we can talk..

I can't believe that people who dont know me are far more caring than the people who do and I am really grateful to you and all.

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  • 2 weeks later...

This is just typical of the legal system we have in this country.

 

If an individual defendant, unsure and totally inexperienced in the workings of the court system, and terribly short of time due to the need to maintain a job, family, children etc., does not file a court form by the appropriate date, judgment will be awarded against them immediately.

 

If an institution employing thousands of people to sit on their arse talking about last night's dross on television, and with enough money available to employ several professional lawyers to fill out the forms for them, and with experienced staff who will have followed the procedure before, fails to file a form, they are giving an indefinite amount of time to sit in the corner sucking their thumb before they actually have to spend ten minutes filling the form out.

 

I think it is time that judges and court staff were required to wear the appropriate red noses.

 

SH

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Thanks poopsie, it's mainly down to all the great information supplied from CCM and SH, and I hope it answeres alot of questions for others...I will continue to post up everything regardless..lol to much information may be good in this case.

They have until Monday to respond to the courts, and I guess it will take the courts 7 days to let me know what happens next, but be sure, the letter will be up as soon as I get it.

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Hello guys need some help

nationwide have issued court proceedings(through eversheds) against me for £9287.41 including solictors costs and court fees(issue date 12/12/2008)

had a formal demand letter(from eversheds on behalf of nationwide) on the 25/11/2008 for 8997.41

and a without prejudice letter(from eversheds on behalf of nationwide) for £5400 on the 02/12/2008

i sent a s77/78 request on the 10/12/2008 to nationwide credit card addresses in southend and northampton(do i need to send one to eversheds-nationwides solictors as well).

do i have a case or have i left it to late

ps if i have put this in the wrong thread my apoligies

jimarich

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Hello guys need some help

nationwide have issued court proceedings(through eversheds) against me for £9287.41 including solictors costs and court fees(issue date 12/12/2008)

had a formal demand letter(from eversheds on behalf of nationwide) on the 25/11/2008 for 8997.41

and a without prejudice letter(from eversheds on behalf of nationwide) for £5400 on the 02/12/2008

i sent a s77/78 request on the 10/12/2008 to nationwide credit card addresses in southend and northampton(do i need to send one to eversheds-nationwides solictors as well).

do i have a case or have i left it to late

ps if i have put this in the wrong thread my apoligies

jimarich

 

Hi there – you need to start a new thread in the legal issues section – you will get some help specifically for your case.

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  • 2 weeks later...

Hi all.. Happy new year to everyone!

I received another a/q from the courts and by mistake, I assumed it was for N/W and have just looked at it....OMG it was from the HFC bank instead...I have used the same information to complete this as I used for the N/W can someone please re-asure me that this will be ok..

The HFC started proceedings many months ago, and did not respond to the last court letter, so I thought as it was stayed, which is what the court had told me, I thought I would not hear from them again, this is a dirty trick as I think thay are assuming that I would not fill it in and return it due to the holiday season...I am thankful I have had the time to look at it today.

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