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    • WarriorRage
      Excel ANPR PCN Letter Of Claim - Appealed - Gallagher retail park, Huddersfield, HD5 0AN

      By WarriorRage · Posted

      So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • jk2054
      Evri lost my Ebay parcel £844 - court claim issued

      By jk2054 · Posted

      Thanks I'll take a look on my break
    • jk2054
      Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

      By jk2054 · Posted

      Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • occysrazor
      Evri lost my Ebay parcel £844 - court claim issued

      By occysrazor · Posted

      Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • honeybee13
      Carparksecurities Northgate, Halifax, Former Dews Car PArk HX1 1XJ

      By honeybee13 · Posted

      Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB

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      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.

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      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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Patma

By Patma
in General Consumer Issues

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natalie

natalie

Posted
Posted

As for the question 'Why couldn't it be posted'? I suspect it's because they left it too late, the papers had to be in 14 days before the set hearing date.

 

If they had stuck to the deadlines previously I might be convinced that is the motivation, the fact that there have been several other "anonymous" visits makes me think this visit has got absolutely nothing to do with delivery bundles.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Toulose LeDebt

Toulose LeDebt

Posted
Posted (edited)
If they had stuck to the deadlines previously I might be convinced that is the motivation, the fact that there have been several other "anonymous" visits makes me think this visit has got absolutely nothing to do with delivery bundles.

 

Are we on the same wavelength here natalie? Lyons-Davidson drop Fred the sec 36 offer then intimidate him with a personal visit which happens to include an outrageous breakdown of included costs, maybe contrived to make him think a little deeper about taking up their extraordinarily generous offer?

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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hightail

hightail

Posted
Posted

I've been following this thread for ages and now have to add my admiration for Fred and those helping him. I wouldn't be at all surprised to discover these latest tactics are an attempt to intimidate because I've been there myself with a claim against a County Council. You tell yourself it's nothing and you're being paranoid until the day they send through the 'reports' and witness statements. Oh yes, in my case they'd been knocking on doors and talking to my neighbours trying to dig some dirt - any dirt.

 

I was horrified but my solicitor was not in the least surprised. It seems this sort of behaviour is now normal practice. I hope Fred sticks it to them big time. Organisations with large amounts of other people's money seem to think they can do as they please and they know most people will give in. I'm delighted to see someone standing up to the bullies, I know how hard it is.

 

Costs - mine were in excess of £180k by the time they'd forced it to the High Court and then given in on lunchtime of the second day. I have no idea what theirs were but all that public money wasted because of arrogant bullies.

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foolishgirl

foolishgirl

Posted
Posted

 

Costs - mine were in excess of £180k

 

:eek::eek: Bet you were glad you won!!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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hightail

hightail

Posted
Posted

A tad relieved :) Holding your nerve is not easy even though you know you're in the right. I know that unlike Fred, it was my case and so could have stopped at any time in theory but actually you can't because you can't afford to. I still smile when I hear the song 'I get knocked down but I get up again' as my daughter would put it on in the car every time we had to go to CMCs and the like. We sing along, tunelessly but very loudly and be ready for battle when we arrived. Silly but it worked.

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Patma

Patma

Posted
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Posted

Well done hightail and thankyou for your good wishes and inspiring story.

We'll have to try that song. I can definitely do the tunelessly bit, don't know about Fred's singing skills though:D

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natalie

natalie

Posted
Posted
Are we on the same wavelength here natalie? drop Fred the sec 36 offer then intimidate him with a personal visit which happens to include an outrageous breakdown of included costs, maybe contrived to make him think a little deeper about taking up their extraordinarily generous offer?

 

 

Well that was pretty much my train of thought and I dont have the extra insight into things that you do. They dont exactly have much subtlety do they.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Toulose LeDebt

Toulose LeDebt

Posted
Posted (edited)

Okay Patma I've had a good read through those documents and I've sent you a wishlist.

 

Basically very little indeed we didn't already know padded out with lots of superfluous letters which actually add nothing whatsoever to their case.:-|

 

 

Very pleased to see they have persisted in filing certain documents, struggle to see how that's a wise move but they probably had done this before the latest Court Order landed. I'll print the lot off, annotate them with my special Sharpie and then rescan them for you ready for Fred to take to the hearing.

 

There are two glaring omissions but I think you and I know the reason.:rolleyes:

 

We'll keep any legal points specifically relating to this bundle off thread from now on we wouldn't want to spoil the surprise on the 2nd Sep for anyone would we?

 

I know you've had a long day so don't think this is an urgent job but some time it would be interesting to know if the doc numbers and the number of pages indexed correspond or whether certain pages might have been withdrawn late on.

 

 

I can see what they're trying to do but there's a valid defence and if Fred can get the caution expunged then there's no case to answer based on the POC and the bundle.

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Toulose LeDebt

Toulose LeDebt

Posted
Posted (edited)

Patma.

 

 

I think I'm on to something. Blindingly obvious potential casebuster.

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Toulose LeDebt

Toulose LeDebt

Posted
Posted
Do I remember correctly that PCAD are on a no-win, no-fee contract?

So, if LD loses the case, they have to eat those costs themselves?

 

All bar the first eighty quid. :D:D

 

Mind you there's still time for it to get a whole lot more expensive for them yet. I understand the regular firm of solicitors PCAD employ are pretty good.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Alphageek

Alphageek

Posted
Posted
Mind you there's still time for it to get a whole lot more expensive for them yet. I understand the regular firm of solicitors PCAD employ are pretty good.

 

That sounds ominous for LD. Mind you, it is a dog-eat-dog world we live in. :)

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Toulose LeDebt

Toulose LeDebt

Posted
Posted
That sounds ominous for LD. Mind you, it is a dog-eat-dog world we live in. :)

 

If what I've seen can be confirmed tomorrow then it's game over bar the counterclaim.

 

Have you seen the pm Patma?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Helford

Helford

Posted
Posted

Were not LD appointed by R&SA on a conditional fee arrangement rather than by PCAD themselves?

 

According to their web site, LD specialize in acting for insurance companies and incidently have a vacancy for a Paralegal at their Plymouth office!

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Toulose LeDebt

Toulose LeDebt

Posted
Posted
Were not LD appointed by R&SA on a conditional fee arrangement rather than by PCAD themselves?

 

According to their web site, LD specialize in acting for insurance companies and incidently have a vacancy for a Paralegal at their Plymouth office!

 

 

Yes PCAD actually use a completely different firm when they sue people.

 

There is nothing I can say to the second part of your post because I'm thinking back to the jobcentre link and laughing too much......

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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bedlington83

bedlington83

Posted
Posted (edited)
I understand the regular firm of solicitors PCAD employ are pretty good.

So it isn't Lyons Davidson that Plymouth College of Art normally use. I'd be interested in learning, in the fullness of time, why they're handling this case then. I suspect that the answer to that could also answer another of the things that puzzles me: Why has this raised its ugly head again now after nearly four years of nothing.

Edited by bedlington83
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