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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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    • WantJustice
      FCA Automotive Services/Stoneacre Car Finance agreement claimform

      By WantJustice · Posted

      Had a previous car loan with this lot. Included in the amount (prior to added interest) on this agreement, is the outstanding balance from the previous loan. This outstanding balance had already been subject to hefty interest on the 1st loan, yet on this agreement they added interest to it again! Also, where it states that the particular Ts and Cs (ref # removed) form part of the agreement, the Ts and Cs they've sent, which they say are part of the agreement, but they are not- they have a different reference number to the Ts and Cs which form part of the (original) agreement. agreeandterm.pdf
    • Emmzzi
      Protected characteristics, and suspended from work, unfairly treated - now ET Claim

      By Emmzzi · Posted

      I would only rely on your solicitor in this regard. The other two should not have a view.   And, you are responsible for how the court perceive you. They only have your words and deeds to go on. Expecting them to magically see things your way is not a great tactic.
    • BankFodder
      Evri lost 2 parcels approx. £600 (part 2)

      By BankFodder · Posted

      Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • jmxo
      Evri lost 2 parcels approx. £600 (part 2)

      By jmxo · Posted

      Ok! Do you still want me to work on that letter you discussed above in post #26?
    • lookinforinfo
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By lookinforinfo · Posted

      Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          

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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.

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      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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      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.

Mardy bailiff and CTAX LO

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fwog

fwog

Posted
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Regardless of what they say about the SAR there are no dispensations for them just because it's the Council. The legal requirement is to comply within 40 days - and the time starts from when they receive it.

 

Thanks PT.

 

It was a bit of an 'Errr......,Ummmm......' conversation. I felt a little relief as it seemed as though I'd pulled back the curtain of Oz :razz: Not many answers and the ones forthcoming were kind of lead by me.

Even though the RM's records show 'in transit' this does mean it has been verified at their end? I wouldn't want it 'disappearing' and a hole tumult of cobblers coming back through my letterbox.

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fwog

fwog

Posted
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Not sure how long ago you sent it but have you checked to see if they cashed your £10. May also pay to send them a reminder now they have confirmed they have it.

 

The cheque has not been cashed yet. The letter was received 2 weeks ago , according to them. Is it an official reminder I need to send, or is it just an informal 'I've sent XXXX, please look into it' .

 

Or is it better to keep schtum and hope the 40 days elapse before they realise? :wink:

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ploddertom

ploddertom

Posted
Posted

If it was only received 2 weeks ago I would do nothing yet. The fact they have not cashed the payment yet is not your problem. I would wait another 2- 3 weeks before sending them a reminder which is just along the lines of:

 

Dear Sir

 

Please be aware that I am still awaiting the results of my Subject Access Request received by yourselves on (DATE). I must remind you that you only had 40 days in which to comply, failure to comply may result in a complaint being made to the ICO Office or an action commenced in the County Court for non-compliance.

 

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fwog

fwog

Posted
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Thanks PT! I know the tempo and wording of correspondence is key, so thenks for the guidance .When 'The Letter' that was referred, to arrives, I will furnish with details. :-)

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lamma

lamma

Posted
Posted

As the cheque (A Bill of Exchange - see the 1882 Act) was not repudiated (dishonoured) then the payment date is the date of receipt of the cheque NOT the date it is cashed nor the date is it received by the bank. The clock ticks from then.

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ploddertom

ploddertom

Posted
Posted

Have you sent them a reminder they have not complied, if not do so ASAP - by email followed with a letter in the post and then give them an additional 10 days with the proviso that if nothing heard then without any recourse to them you will commence action via the ICO or County Court for compliance.

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ploddertom

ploddertom

Posted
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There are 2 methods for trying to enforce compliance for a SAR.

 

1 - make a complaint to the ICO - under their own admission they are swamped and may take several months until they get round to it. Even if found in your favour they can still ignore it so back to square one.

 

2 - file an action in the Small Claims Court - usually seen as a non-money claim so could cost £150 initially but you could claim this back. May also take several hearings so plan on it taking several months. If on certain Benefits or a low wage you may be able to have the Court fee(s) waived.

 

Out of the 2 above I used the second one and got a lot of other stuff they showed me that I didn't know about.

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fwog

fwog

Posted
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Amazing how they expect compliance for a randomly generated letter within 7 days or face bailiffs. When you retort with a recognised request,within their framework of duty, they cash the cheque and just ignore it :evil:

 

Thanks PT will get on with it today.

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fwog

fwog

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The story continues....

They've compiled the the SAR. The 'write off' policy in place at the time was '....if a debtor was not traceable' . As I wasn't at the address to answer, and the only contact was recently, I'm not sure how I wasn't seen as 'untraceable'

They currently do not have a write off policy. No sign of any court paper evidence of a summons or liability order. They've ask me to 'get in touch with the court' for this, I have and was told they do not keep records back that far. :roll:

It seems they're just being a PIA for the sake of it, they've been notified this isn't enforceable as they have no copy of the original liability order ,but they've not sent out a letter stating there's no case to answer.

God knows they need this money ,if only to fund their wasteful department that employs 90% of its time chasing their tail. :evil:

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tomtubby

tomtubby

Posted
Posted
The story continues....

They've compiled the the SAR. The 'write off' policy in place at the time was '....if a debtor was not traceable' . As I wasn't at the address to answer, and the only contact was recently, I'm not sure how I wasn't seen as 'untraceable'

They currently do not have a write off policy. No sign of any court paper evidence of a summons or liability order. They've ask me to 'get in touch with the court' for this, I have and was told they do not keep records back that far. :roll:

It seems they're just being a PIA for the sake of it, they've been notified this isn't enforceable as they have no copy of the original liability order ,but they've not sent out a letter stating there's no case to answer.

God knows they need this money ,if only to fund their wasteful department that employs 90% of its time chasing their tail. :evil:

 

 

Have a look at the posts that I have made today on the thread regarding a debt going back 19 years.

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unclebulgaria67

unclebulgaria67

Posted
Posted
Hi Tommytubby,

 

What bit? It relates to debts not being statute barred, but in my case they cannot provide a copy of the liability order. :juggle:

 

If they cannot evidence the debt or a liability order, there is no debt. I would suggest that you make sure that the council have logged a complaint for LGO purposes, advising them that if they choose to continue this further you will continue the matter with the LGO.

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lookinforinfo

lookinforinfo

Posted
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Hi Fwog, one would have thought that being unable to provide a copy of the L/O would be fatal for them in any Court case.

 

These are the relevant posts fro Tomtubby on the thread where the Council were chasing a 19 year old Council tax debt-

Unfortunately, a Liability Order ( and indeed a distress Warrant for an unpaid court fine) are NOT covered by the Statutes of Limitations Act.

 

Interestingly, although this is the legal position I have come across many cases recently where the council have seen sense and cancelled very old debts when provided with a leading case ( on a different subject) from the VTE which dealt extensively on the 6 year rule.

The Council did in fact cancel the 19 year old debt though I suspect that part of the reason there was the original debt was for £19 . I expect there were other factors too, but it is good that you can see that

there has been a recent precedent where an old debt has been cancelled.

 

Tomtubby then posted again saying The VTE case is also now used by the Ombudsman and I will post more on this next week.

 

For clarification, a Liability Order over 6 years old s NOT statute barred but most councils will consider cancelling ( and in the cases that I have dealt with) always do so once channelled by the VT case.

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lookinforinfo

lookinforinfo

Posted
Posted

I don't know if you looked at the 19 year old thread, but I have provided a link to it so that you can see the different documents etc to ask for in order for them to prove their case. If they cannot produce them

it would be an uphill task for them to prove in Court.

One thing you should ask is what, if any, enforcement policy they used back then. Since if they didn't send in the bailiffs at the time, it is my understanding-and hopefully Tomtubby willl confirm, that they cannot

now instruct bailiffs 11 years on because of the Limitations Act

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tomtubby

tomtubby

Posted
Posted
Hi Tommytubby,

 

 

In my case they cannot provide a copy of the liability order:

 

.

In my answer on the other thread I had stated that the LOCAL AUTHORITY and NOT the Magistrates Court actually print the Liability Order. It is therefore for the LA to provide a copy and if they cannot do so then there can be NO PROOF at all that the court granted the Liability Order and on which date it was "supposedly" granted.

 

The "Liability Order" is a "Statutory Form" . If you require a copy, let me know.

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