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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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    • sprouting
      Breach of Wholesale Contract

      By sprouting · Posted

      The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • Littleted88
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By Littleted88 · Posted

      I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • Littleted88
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By Littleted88 · Posted

      I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • FTMDave
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By FTMDave · Posted

      Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
    • sprouting
      Breach of Wholesale Contract

      By sprouting · Posted

      I will annotate the message I sent for the forum.  Sorry, didn't see this straight away...

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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

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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.

Weightmans want me to consent to a charge!

bladeboy

By bladeboy
in Financial Legal Issues

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bladeboy

bladeboy

Posted
Posted

Had a letter from Weightmans today virtually bullying me into accepting a voluntary charge on my property. Along the lines of 'accept it because we'll get on anyway'. Have already CCA'd them and unfortunately they have provided a seemingly valid agreement so I was getting round to offering pro-rata payment in any case.

 

They also threaten all sorts and from the tone of the letter it seems as though they think the Red Sea will part for them in any proceedings they choose to undertake.

 

Will upload the letters here. Any thoughts on a response anyone?

 

Also attached is a financial questonnaire. To me, it appears to be massively intrusive and I don't think they're entitled to most of the information.

 

With regards to both of the above, is it a case of them 'trying it on?'

 

weightcag1.gif

 

weightcag2.gif

 

weightfin1.gif

 

weightfin2.gif

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flyingdoc

flyingdoc

Posted
Posted

Tell them to go charge themselves.

 

If they were that certain of getting the charge then they would have gone ahead and done it already

 

can you post the CCA so we can get it checked (unless you are certain it is complient)

 

are the debts yours or joint?

 

If they are yours then your partners details are none of their business.

 

In a Income Expenditure form I would simply list money in and money out.

 

The rest of the details are none of their business.

 

This is only my opinion and I have been wrong before so wait for another opinion before acting on anythin I have said.

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fedup74

fedup74

Posted
Posted

Voluntary charge- err I don't think so.:eek: They would have to take you to court first to get a CCJ. You would then need to default on the CCJ before they could apply for a charging order- why make it easy for them? They certainly don't make your life easy so say thanks but no thanks for the offer or if you are feeling brave- Blow it out of your ar*se:D

<<<If I have helped please tickle the scales;-)<<<

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flyingdoc

flyingdoc

Posted
Posted

Bankruptcy is an empty threat in most cases - if you go bankrupt most creditors end up having to accept much less in settlement than they would get if you pay them.

 

I personally have negotiated more favourable deals with creditors using what my friend calles the blazing saddles defence (you may remember the black sherrif holding a gun to his own head and saying anyone comes near and Ill shoot)

 

Im sure there will be cases where they WILL enforce bankruptcy but my personal opinion is that they threaten it far more than it would ever be enforced by the courts and they actually want it far less than that.

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bladeboy

bladeboy

Posted
  • Author
Posted

Well, went to see an insovency solicitor who explained that BK would be the best option for me.

 

The property is in roughly minus 10 grand negative equity and falling fast. I have no other assets to speak of. Car is on finance and owe more than it's worth.

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popeye1

popeye1

Posted
Posted

Its hard graft fighting these bs sometimes but they can be beat,the letter i got scared me very much but after reading here i am chilled .

Do as flying says and post the CCa it might not be complient,worth a try

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42man

42man

Posted
Posted

If you really think bankruptcy is the only way out BB, then I would write to Weightmans refusing to accept a voluntary charge, but state that you would welcome the opportunity for them to make you bankrupt, before doing this give the national debtline a call - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000 it is free and their advice is impartial......, BR really must be a last resort, and it should never be forced on anyone.

 

Write

 

Dear sirs/madam

 

Many thanks for your letter dated XXXXXX the contents of which have been noted, I will refuse a voluntary charge at this stage.

 

 

Have you any excessive charges ?

Are the defaults compliant ?

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palomino

palomino

Posted
Posted

The property is in roughly minus 10 grand negative equity and falling fast. I have no other assets to speak of. Car is on finance and owe more than it's worth.

 

In which case a voluntary charge or even a charging order would be meaningless.

My personal approach (but I don't like Weightmans very much) would be to let them spend as much money as possible on court fees, etc. and then go bankrupt. But you have to be very sure you are going to go bankrupt.

 

In any case a voluntary charging order is replacing an unsecured high-interest debt with a secured high-interest debt. If they want to secure the loan against your property get a binding commitment from them that all interest charges will cease.

 

If you go the other route of letting them claim in the County Court ensure you submit your income and expenditure and make a proposal for regular repayments at a level you can afford. If this is included in the judgment and (important) you keep making the repayments then you won't have to worry about a charging order. But all this is some way off yet.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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blind-as-a-bat

blind-as-a-bat

Posted
Posted
In which case a voluntary charge or even a charging order would be meaningless.

My personal approach (but I don't like Weightmans very much) would be to let them spend as much money as possible on court fees, etc. and then go bankrupt. But you have to be very sure you are going to go bankrupt.

 

In any case a voluntary charging order is replacing an unsecured high-interest debt with a secured high-interest debt. If they want to secure the loan against your property get a binding commitment from them that all interest charges will cease.

 

If you go the other route of letting them claim in the County Court ensure you submit your income and expenditure and make a proposal for regular repayments at a level you can afford. If this is included in the judgment and (important) you keep making the repayments then you won't have to worry about a charging order. But all this is some way off yet.

 

 

A word of caution If the court procedure has started forr the charging order before you go BR then it may still grt pushed through, thus securing a debt that should be in the BR against the property.

 

This is obviously wrong, but i know two people it has happened too, and there faceing a brick wall with both the IS and the courts to get it overturned, so best not to let it get that far in the first place IMHO

 

Let them issue the court summons by all means but go Bankrupt before the hearing/judgement, then use that certificate as a full defence;)

  • Haha 1

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blind-as-a-bat

blind-as-a-bat

Posted
Posted

that default only leaves 14 days between writing and action required by so is invalid as it doesnt allow time for service, the agreement does not comply with the CCA request until the T&C,s are produced so the account is still in default so cant be enforced, it states they should be overleaf.

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blipvert

blipvert

Posted
Posted

Hang on a mo. If your property is 10k in negative equity and you have no other assets then what would BR achieve (bear in mind your property might well be sold at auction and attract a discount). The first charge is the mortgage provider, they'd take all the proceeds of the sale.

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