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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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    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      I think we normally recommend people to follow the upload link
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      I removed them as they have my email address on them, and so shall repost them once my Snagit scrolling capture thing starts working (needs reinstalling I think as it keeps falling over); they are an email that runs over two pages, so would be best suited to a scrolling capture. As for multi page formats, this is harder as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking
    • Tasou
      License points limit

      By Tasou · Posted

      Oh that is very helpful, thanks a million for answering my query. Looking at the license right now. At the front it says the issue date is 2022 (that's when I swapped it), but at the back it says 2015 next to Category B. So, I'm definately at 12 points, right?  
    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      The two PDF documents that you posted earlier are unavailable. I don't know why but maybe they are corrupt. I have deleted them Please will you post up again. Also please can you post multiple PDF documents in a single file multipage format, correct order right way round et cetera. Thank you  
    • Man in the middle
      License points limit

      By Man in the middle · Posted

      The New Drivers Act sees a driver's licence revoked if he accrues six points within two years of becoming a qualified driver. If you passed your test in an EU country, then that is the date you became a "qualified driver" for the purposes of that Act.  For drivers who became qualified more than two years previously, if they accrue twelve or more points within a three year period they face a mandatory six month disqualification unless they can persuade the court that they or others will face "exceptional hardship" if they are banned.  In both cases, the dates of the offences are used to calculate the relevant period.

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    • 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.

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    • 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
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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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I think 1st credit have got me!!!

bluetack

By bluetack
in Debt Collection Agencies

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bluetack

bluetack

Posted
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Posted

Oh dear, 1st credit have applied for a summary judgement, looks like I'm back in court again in march. They have provided statements in response to my SAR from 2001-2005 when the account was closed.

The bank charges amount to approx £1,500.

Does anyone know if I can counter claim at the hearing by putting in a defence for the charges or would I have to take them to court again after the summary judgement has been granted?

God, don't these things get complicated!!!

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rory32

rory32

Posted
Posted
They have provided statements in response to my Subject Access Request from 2001-2005 when the account was closed.

The bank charges amount to approx £1,500.

i thought they had to supply statements for the whole of the accounts history. Has that changed?

 

Does anyone know if I can counter claim at the hearing by putting in a defence for the charges or would I have to take them to court again after the summary judgement has been granted?
You can certainly counterclaim for the charges on the account. At the moment the judge should just stay the claim.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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bluetack

bluetack

Posted
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1st credit had to either provide 'all' the statements or proof of how the debt accumilated.

Their proof was that the account was in credit in 2001, the overdraft facility being used after this date, therefore the statements provided were enough proof of how the debt accumilated.

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bluetack

bluetack

Posted
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Harassing you for a 'debt' that doesn't exist.

I hadn't thought of that!

I'm worried though that when they go for summary judgement the court will say the bank could transfer the debt to their collections dept. and close the account with a zero balance.

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havinastella

havinastella

Posted
Posted

Rather than counterclaim, which will cost you, you may want to rely on the 'right to set off'

 

This info was from Nicklea.........

 

This is just a very small point but it will save you a bit of money upfront on court fees.

 

If you make a counter claim you also have to pay a court fee.

 

However, if you say that, as part of your defence, you have the right of equitable set-off of these charges against the amount claimed then you are counter-claiming the charges but you don't need to pay the fee

 

 

If anybody is interested here is a bot about the different types of set-off:-

 

The 1958 Court of Appeal decision in the case of Hanak -v- Green is regarded as one of the key decisions defining the modern law of set-off. It may now be said there are four forms in which a set-off can arise: 1) Mutual liquidated debts (sometimes called legal set-off). A cross claim can be set-off as a defence if the amount of the debt is known or can be readily and without difficulty ascertained. 2) Equitable set-off (sometimes called transaction set-off). The test as to whether a cross claim can be relied upon as an equitable set-off is whether it is so closely connected with the claim that it would be manifestly unjust to allow the claim without taking into account the cross claim. 3) Contractual set-off. The contract may dictate certain procedures that must be observed to preserve the right to apply a set-off 4) Statutory set-off. For example, under rule 4.90 of the Insolvency Rules 1986 an employer can set-off any claims it can prove against monies owing to an insolvent contractor.

 

 

JOgs

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bluetack

bluetack

Posted
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Posted

Havinastella,

Fantastic advice, I will use this in my defence (have clicked scales)!!!

When calculating the charges do I add interest for use in the defence?

Would I still have to follow the normal route of writing to 1st credit asking for the charges to be refunded before the hearing in march?

Sorry to ask, but I have denied owing the money because of zero balance, how can I then say I want the charges back?

You've been a really great help thanks.

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bluetack

bluetack

Posted
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Posted

The Excel spreadsheet doesn't work on my computer, it won't add up the amounts or do the 8%APR.

The charges amount to £1442.00 but I need to add the 8%.

Does anyone know how to do this manually please??

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havinastella

havinastella

Posted
Posted
Havinastella,

Fantastic advice, I will use this in my defence (have clicked scales)!!!

When calculating the charges do I add interest for use in the defence?Yes

Would I still have to follow the normal route of writing to 1st credit asking for the charges to be refunded before the hearing in march?NO

Sorry to ask, but I have denied owing the money because of zero balance, how can I then say I want the charges back?It's irrelevant

You've been a really great help thanks.

 

Did you use the simple sheet from here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/145027-interest-tutorial.html

 

If you can't get it to open, PM me with your charges, dates and amounts and I'll work them out for you.

 

Jogs

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bluetack

bluetack

Posted
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Posted

Wow, thanks very much for doing this, it works out to almost as much as they're chasing me for! If they had provided six years statements it would have been more. If I win this case:) it will be because of you.

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  • 1 month later...
bluetack

bluetack

Posted
  • Author
Posted

Well folks, today I went to court with first credit and in the end they won, they were claiming an original debt on a lloyds tsb overdraft of approx. £2,800.

I used the right to offset the claim with approx. £2,100 in unfair bank charges including interest.

The judge's ruling was that I would never be able to claim all of the bank charges back so he halved my claim, allowing only £1,100.

Meanwhile, first credit had added over £1,000 to their debt in interest charges which the stupid judge allowed.

So, as you can see by the figures, I still owe them nearly £3,000 which I have to pay within ten days.

I still have to make a claim through the courts for the bank charges though but the judge told me to wait until a ruling has been made.

First credit said I would still be liable to pay the whole debt eventually because by the time a ruling on bank charges had been made most of the charges I am claiming for would be statute barred.

I've had a hollow victory today and can't pay the £3,000 in ten days, the judge advised me to go bankrupt!!

Gosh, that'll help a lot won't it folks!

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the_shadow

the_shadow

Posted
Posted
Yes babybear, the judge obviously thought the whole bank charges thing was a joke.

42man, I think I'm going to get a bank charges claim in very soon, surely if i get it in now 1st credit can't then say that they are statute barred.

 

As i understand it once the claim is in the charges are frozen in time, they cant become statute barred.

 

Sorry to hear about the judgement :Cry:

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mr.ton

mr.ton

Posted
Posted
Well folks, today I went to court with first credit and in the end they won, they were claiming an original debt on a lloyds tsb overdraft of approx. £2,800.

I used the right to offset the claim with approx. £2,100 in unfair bank charges including interest.

The judge's ruling was that I would never be able to claim all of the bank charges back so he halved my claim, allowing only £1,100.

Meanwhile, first credit had added over £1,000 to their debt in interest charges which the stupid judge allowed.

So, as you can see by the figures, I still owe them nearly £3,000 which I have to pay within ten days.

I still have to make a claim through the courts for the bank charges though but the judge told me to wait until a ruling has been made.

First credit said I would still be liable to pay the whole debt eventually because by the time a ruling on bank charges had been made most of the charges I am claiming for would be statute barred.

I've had a hollow victory today and can't pay the £3,000 in ten days, the judge advised me to go bankrupt!!

Gosh, that'll help a lot won't it folks!

 

In my many years of being through the county court system....the judge makes the ruling, you go into a seperate room with some officials, sit round a table & go through all your essential outgoings before an amount is decided upon to repay each month - did that not happen here? - doesnt sound like it did?????

Was this judge a senile old fool by any chance? :confused:

No matter how much you are left owing, it can only be repaid at an amount agreed by yourself & the officials and that you are happy with etc...

If thats £1 per month for example, then thats what it will be.

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MARTIN3030

MARTIN3030

Posted
Posted

No way can they say they will be Stat Barred-in any event you could use the limitation act and state that you only became aware in 2006 so it would run from there - to 2012

 

How can a Judge also presume that you would only recover 50% ?

The mind boggles.:confused:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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