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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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    • Milos
      Loose mortar from neighbours roof falling into our garden

      By Milos · Posted

      The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Plank37
      Techzone Mobile Buxton Ltd (dissolved 2022!) - Bought a dodgy phone from their Market stall - says doesn't do refunds with a sign up!!

      By Plank37 · Posted

      Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Sach45
      I Asher to say I was caught shoplifting and I’m scared for my life. Can’t breath

      By Sach45 · Posted

      Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • theoldrouge
      US elections November 2024 [amended 18/04/24 - HB]

      By theoldrouge · Posted

      Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • shakeyshark
      PRA Group - PAPLOC now Claimform - Halifax Loan £20k+

      By shakeyshark · Posted

      Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No

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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.

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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.

Nottsdave/Capquest-Court date soon.

Nottsdave

By Nottsdave
in Financial Legal Issues

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AndyOrch

AndyOrch

Posted
Posted

Agreements under the CCA1974 may only be enforced by a Court Order(where it fails ie perscribed terms etc) under certain constraints of the CCA1974.

Dave I would also advise you to check out the CCA 2006 amendments to the CCA1974 in preperation

 

Andy

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pt2537

pt2537

Posted
Posted
Can someone quickly explain in laymans terms what the para below actually means

 

 

The courts powers of enforcement where agreements are improperly executed by way of section 65 CCA 1974 are themselves subject to certain qualifying factors. Under section 127 (3) Consumer Credit Act 1974 the requirements are laid out clearly what is required for the court to be able to enforce the agreement where section 65(1) has not been complied with 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Notts

 

 

Dave, im not sure how you can say in laymens terms what s127(3) means, other than saying, if the agreement doesnt conform to s61(1) (a) CCA 1974 it is improperly executed.

 

an improperly executed is only enforceable by order of the court see s65(1)CCA

 

but s127(3) says if its not containing the prescribed terms the court cant do diddly with it

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Nottsdave

Nottsdave

Posted
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Posted

Well I arrived at court in plenty of time got myself prepared.

 

The claimants representative sought me out and asked if I would like a chat before we went in.......I said no thanks I figured they might want to play mind games.

 

So in we go,

 

The DJ welcomes us and asks the other side to lay out the claim which they did.

 

The DJ then ask me what my defence is to which I begin to explain that the Credit Agreement supplied is not enforceable etc etc and that its a application form no prescribed terms ect...... The DJ states that it is a agreement and those things I mentioned (prescribed terms) are not required for a credit card agreement :eek:

I then quoted from the CCA that these things are indeed a requirement to which he stated that if I was to quote law then I should seek representation from a professional, and that reading misleading information on the internet would not get me anywhere:confused:.

 

The DJ the asked why the claimant had been late in supplying the required info and they came up with some load of rubbish (by this time Im confused and very p**ed off:evil:).

 

And then the DJ turns to me and suggest that I get some help (he mentioned CAB) I said I would like that opportunity so he then adjourned and told me I had to submit my statement of evidence by the end of July.

 

And that was that, on leaving the court the claimants representative asked if I would like to talk about a settlement to which I responded No thanks...............................

 

 

A very very p**ed off Nottsdave

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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pt2537

pt2537

Posted
Posted

the DJ is wrong, Credit Tokens, of which credit cards are, fall clearly under the scope of the CCA, simply point the judge to s 14 and that confirms this point.

 

seems like once again, you are in the judge lottery.

 

it goes to show there aint no substitute for legal assistance

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tamarindo

tamarindo

Posted
Posted
the DJ is wrong, Credit Tokens, of which credit cards are, fall clearly under the scope of the CCA, simply point the judge to s 14 and that confirms this point.

 

seems like once again, you are in the judge lottery.

 

it goes to show there aint no substitute for legal assistance

 

 

Hi

 

Just reading this post with concern about dave, what the dj means by

"...had to submit my statement of evidence by the end of July"

does it mean capquest won??? or the dj does not know the cca 1974??

 

would like to know about this if PT 2537 would kindly explain

 

thanks

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the_shadow

the_shadow

Posted
Posted
no they havent won yet, nor will they if Dave is legally represented with someone who knows the 1974 Act at the next hearing

 

It seems bizzare that the judge is unwilling to listen to the relevant quoted law however correctly presented unless its actually given by someone in the legal profession.

 

and there is me thinking justice was for all and not a select few who could afford it :-(

 

S.

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pt2537

pt2537

Posted
Posted
It seems bizzare that the judge is unwilling to listen to the relevant quoted law however correctly presented unless its actually given by someone in the legal profession.

 

and there is me thinking justice was for all and not a select few who could afford it :-(

 

S.

Well, the trouble is, advocacy is a skill in itself, and in many cases, it is not the law thats the problem but the way its presented to the judge.

 

people seem to read and reproduce parrot fashion from the forums, thats ok of course until someone slings a spanner in the works and departs from the script

 

im not saying thats what happened here but that does happen alot

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the_shadow

the_shadow

Posted
Posted

 

im not saying thats what happened here but that does happen alot

 

No as you said earlier its the judge lottery and in this case the lack of knowledge that a credit card would even fall under the regulations... shame he didn't just look at the evidence presented which no doubt included an application/agreement which clearly states, this is a regulated agreement under the CCA1974!

 

S.

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Nottsdave

Nottsdave

Posted
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Posted

So Ive calmed down a bit now, Im really keen to get some representation on this .

I think PT is probably right about people seem to read and reproduce parrot fashion from the forums, thats ok of course until someone slings a spanner in the works and departs from the script

So my question now is where do I go / has anyone got any contacts in the East Midlands area.

 

I want to win this and Im prepared to pay.

 

 

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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pt2537

pt2537

Posted
Posted

you should NOT pay anything

 

there are good CCA lawyers out there that can do the job on a CFA which is no win no fee

 

anyone who asks for upfront fees can whistle

 

Sadly, i cannot recommend anyone as i am restrained from doing so under the rules i have to abide by, but there will be others who can assist in that department

 

can i ask, who was the judge you had?

 

I know a few in the notts area , ive aslo attended Derby and Mansfield courts so i know many on that circuit

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Nottsdave

Nottsdave

Posted
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Posted

Hi PT

 

The DJ was Beale , its funny because before when we went in the gaggle of legal reps were talking to the rep from Capquest and they were saying "oh hes brilliant you wont have any problems today etc" and it looks like they didnt.

 

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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freethemice

freethemice

Posted
Posted

Guess this is a lesson to us mortals not to underestimate the power of the court process to confuse, intimidate and muddle us.

What is the answer to take law books into the court room to proove the legislation you are quoting is correct.

Really sounds like the judge was talking down to you on this one.

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pt2537

pt2537

Posted
Posted
So................

 

Statement of Evidence to be in next week, any ideas anyone ?

 

Notts

Dave i wouldnt worry too much about that as things are likely to change in this matter shortly.

 

i will bung you over an email to explain fully;)

 

Regards

 

Paul

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jeccapf

jeccapf

Posted
Posted

I have to go to court against Hutchinson and even though their case is rubbish, I'm worried about the same thing, that the judge ignores what I say because I'm a litigant in person and they have proper civil lawyers.

 

I'd really rather get this settled out of court, (I'm a criminal lawyer, civil litigation is very different) I had to take court action because they woudnt talk to me, now they entered a defence (not a very good one but it means a hearing) and I'm wondering if there is any way that I can

 

a) force them to negotiate or

 

b) use the fact that they wont negotiate against them in the court.

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