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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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      By Badtimes123 · Posted

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      By tedney · Posted

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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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      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.

Cabot Claimform - Barclaycard 'debt' ***WON ON APPEAL ***

stebiz

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stebiz

stebiz

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Well done on eventually getting the first judge's decision overturned but appalled that you had to fund your barrister etc with no recourse to reclaim these costs.

 

Although many in your shoes would know that they were disputing an unjustifiable decision from the original court,there would be very,very few who could even consider engaging counsel as they simply would not be able to afford the [very large] cost involved.

 

It was actually Rhia who suggested in a previous post about the Direct Access Scheme. I did some research on the net, by-passed the Soliciors, and looked out for a Barrister with experience in this field. So thanks Rhia. I was at my witts end at the time.

 

Stebiz

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Josie8

Josie8

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Well done :)

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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stebiz

stebiz

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Hi There Stebiz, my case is also in Liverpool, do you know the name of the Judge in your first hearing? the one that went against you. It would be handy to know, just on the of chance that I end up with him.

 

I'll never forget his name. I'll PM rather than potentially causing myself hassle.

 

Stebiz

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Rhia

Rhia

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Posted (edited)
It was actually Rhia who suggested in a previous post about the Direct Access Scheme. I did some research on the net, by-passed the Soliciors, and looked out for a Barrister with experience in this field. So thanks Rhia. I was at my witts end at the time.

 

 

Stebiz I am so pleased it worked for you. I had a similar dreadful court experience myself and it came to round 2 and I knew there was no way I was stepping back into that court-room in front of that particular judge without counsel.

 

I won and got costs and it never even got into the court-room. A legal friend said at the time "it was the best thing you did". Some judges are terrific with LiPs but this one wouldn't give me an inch. I borrowed the money and was able to pay it back thanks to the costs.

 

Stebiz's maths were correct it cost him far less than the £12k they were after and gave a partcularly odious operation a bloody nose.

 

Always remember they buy these debts for as little as 10 pence in the £ and then go after you for the LOT!!! Plus their own fictitious interest. At some stage someone will have to take them on re unjust enrichment or whatever as this is totally unjust and extortionate.

 

The only thing that warms your heart is that they have lost £12k and paid a lot more in legal representation than Stebiz adding nicely to their multimillion £ losses.

 

For anyone who has not tried direct access do give it a go. You avoid the solicitor which is the costly part and you work under the barrister's direction. The one I had was astonished at how I managed to dig up all the facts so quickly including three deeds of assignment in 48 hours. He said the solicitors would have taken weeks.

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stebiz

stebiz

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I was thinking that myself:-? I have engaged a firm of Solicitors and have advised I wish a Barrister to look over the case. The Barrister is an expert in Consumer Credit Law and is based in London.

 

Can't say too much because of eyes and ears on here.

 

Steve

 

Can I just clarify this point for those a bit confused. I did engage Solicitors but later the same day decided against it. They refunded my debit card payment, and I sought out to find Counsel myself, as discussed previously.

 

Thanks

Steve

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stebiz

stebiz

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Stebiz I am so pleased it worked for you. I had a similar dreadful court experience myself and it came to round 2 and I knew there was no way I was stepping back into that court-room in front of that particular judge without counsel.

 

I won and got costs and it never even got into the court-room. A legal friend said at the time "it was the best thing you did". Some judges are terrific with LiPs but this one wouldn't give me an inch. I borrowed the money and was able to pay it back thanks to the costs.

 

Stebiz's maths were correct it cost him far less than the £12k they were after and gave a partcularly odious operation a bloody nose.

 

Always remember they buy these debts for as little as 10 pence in the £ and then go after you for the LOT!!! Plus their own fictitious interest. At some stage someone will have to take them on re unjust enrichment or whatever as this is totally unjust and extortionate.

 

The only thing that warms your heart is that they have lost £12k and paid a lot more in legal representation than Stebiz adding nicely to their multimillion £ losses.

 

For anyone who has not tried direct access do give it a go. You avoid the solicitor which is the costly part and you work under the barrister's direction. The one I had was astonished at how I managed to dig up all the facts so quickly including three deeds of assignment in 48 hours. He said the solicitors would have taken weeks.

 

Hi Rhia,

 

Thanks for the post. I certainly owe my thanks to you. I had never heard of the Direct Access Scheme before. It is a little expensive but the defendant needs to put it into perspective, with the amount involved.

 

My Barrister was telling me (without mentioning any names) of a case he was working on were Bank Charges plus Interest amounted to over £70,000. He said the Judge was astonished. Obviously in this type of case a couple of thousand pounds is very little.

 

To a lesser extent mine. But it really is the peace of mind now that it will give me. The 'alleged' debt (pre court proceedings) was resulting in a huge amount of phone calls. I want to keep to the facts here. At one stage the phone calls were so constant I called Kent Police to ask them to intervene. They took no action but the crime number appeared to hold Cabot at bay for some time or they stopped calling for some other reason. All along they said that what they were doing was lawful. I never saw it that way.

 

The trial yesterday was certainly the most 'fierce' I have ever witnessed. The Judge obviously came to my Counsel first asking for his reasons to appeal.

 

The other side batted next giving their views and also stating why they believe I should not be allowed to appeal.

 

I will uplaod some other details but most are in a format that cannot be uploaded, except being rewritten first. So it may take some time.

 

Cheers

Steve

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supasnooper

supasnooper

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Congratulations and well done on seeing this through.

 

One point for others reading this thread...............sometimes a Creditor may push for Small Claims Track (SCT) as their arguments and documentation are not in good order.

 

They go for SCT, as it may be heard by a Deputy District Judge whose background is in Family Law.............. :eek:

 

If the case was to be allocated to Fast Track - the case would be heard by a District Judge who would be well versed in Consumer Law. ;)

 

And I think a big thanks go to those who supported you on your quest in this case. :D

 

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stebiz

stebiz

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well done stebiz, that you and me both in just a few days, mine was also around £13,000 had I lost Cabot having a very bad time at the moment

 

Congrats. What goes around, comes around:)

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