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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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    • CrazeUK
      Failure to insure Fine

      By CrazeUK · Posted

      Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • dx100uk
      Trying to find contact details for prime credit 5 S.a.r.l

      By dx100uk · Posted

      worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • CrazeUK
      PCN in Rochdale on a road. Wrong location and offence on PCN

      By CrazeUK · Posted

      Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
    • dx100uk
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      By dx100uk · Posted

      wonder what happened? dx  
    • dx100uk
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By dx100uk · Posted

      you made it very confusing, though i doubt any of it was ever read by the delivery franchise for DPD. your saving grace might well be you didn't select your own address (though if you are all the same postcode..??) and neither mentioned a safe space other than another neighbour. but with the actual delivery address on the parcel, it appears the driver had a choice of 3 addresses, all under the same post code with differing house numbers. so chose the label one but left it on your doorstep. play it carefully and along with the photo and the retailers requirement you should be ok.   dx  

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      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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      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.

Lloyds TSB ccj

lafey

By lafey
in Financial Legal Issues

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lafey

lafey

Posted
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Posted

thats great .. thanks for that ... will come update when get directions etc ... thankyou everyone for their help so far ..... it is really appreciated

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lafey

lafey

Posted
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hi everyone .... its been quite a while ... was hoping it had gone away but got letter in post from court !!!!!. lloyds asking to have defence set aside and judgment made . have court date for november . i have never recieved directions or anything from the court after i filled in the allocation questionnaire !! . just this court date to have defence set aside . i have not put in ammended defence as i was waiting for something from the court .... any ideas as what i have to do next !!!!

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lafey

lafey

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hi spamalot ... its an n244 application notice asking for the defence to be struck out and judgement entered for the claimant . it says lloyds believes that the defendant has no real chance of success and that there is no other compelling reason why the case should be disposed of at a trial .

 

as i said i was still waiting for an allocation of some sort from the court when this came through .

 

they have also attached all the documents they had previously sent to me under cpr .

 

as i said before our main defence was that we had not received the DN . and in this bundle they say they sent it to our current address ... yet in a letter previously ( also included in this bundle ) they say they sent it to our previous address .... do you think any defence would have to be along the lines of ... if they are giving two seperate addresses as to where it was sent how can they be sure ???

 

ant ideas on how to proceed from now ?

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Spamalot

Spamalot

Posted
Posted

As per usual it would appear that Lloyds are being there usual Big Bank arrogant selves..

 

It will be up to the judge to decide whether or not you have a chance for success at trial and not them.. It may be that they are trying to rattle your cage and get you to back down and agree to withdraw your defence.

 

I've had a quick look at your thread and I must admit I got a bit muddled..

 

Have they sent you a legible copy of the alleged agreement?

 

I have understood the bit about the default notice.. they apparently sent it to the wrong address despite knowing the correct one and therefore you, or should I say your wife... did not receive a default notice at all.

 

It would seem, and I am by no means sure, that this hearing will decide whether or not it goes to full trial and therefore seems they are holding up the process as per usual with their stalling tactics..

 

If the date for this hearing is in November it gives you more time to take advice and strengthen your defence.. I will try and steer someone in your direction who has good experience of Lloyds and their underhanded ways and who will hopefully give you more 'sound advice'

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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Spamalot

Spamalot

Posted
Posted

Sorry, Just adding to the above..

 

I've just seen the agreement/application form..

 

If that is the only copy you have then you have a strong defence in the fact that it is illegible and it doesn't appear to be headed 'Consumer Credit Agreement' apart from not seeming to have the prescribed terms on the same 'document' as the signature.

 

I also looked at the defence you had uploaded.. is that what you have submitted or was it something else?

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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lafey

lafey

Posted
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thanks a lot spam ... it is quite a muddled thread but here are the salient points as i see it which would form the defence .

 

1. Have received cca signed .The cca does not have presrcribed terms on the front ... they say they were on reverse but at top of cca it says page 1 of 3 so dont see how that can be ?. Also the terms sent by solicitors vary ( only very slightly) from ones sent by lloyds tsb in response to cca so dont see how both can be accurate .

 

2. My wife definately did not receive DN . They have now quoted two addresses as to where they sent it .

 

3. In their witness statement they have said .. Mrs lafey used card for purchases and cash advances . However they can only produce statements from 2002 .. and there are no purchases on any of them ... only interest and payments !!

 

4.The account number being chased for is not same as was signed for . They say they have changed the account number but cannot .... or will not ... say when this happened and provide proof as to this .

 

I would have thought that the above would have brought more than enough doubt on to their handling of the whole situation

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Spamalot

Spamalot

Posted
Posted

Hi Lafey,

 

Did you submit the defence that was on a previous post or was it something else??

 

Only it says on that one about assignments and other things that don't appear to be relevant..

 

Just making sure... especially as **** read these threads and have been known to 'copy' stuff that they haven't got..

 

Spam. :)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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lafey

lafey

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i filed the defence that was on here . it was only meant as a holding defence until we got directions from the court . having read it again i agree the assignment thing is not relevant . have just looked and they have actually replied to that point saying they have not assigned it so at least they answered the point .

 

Do i need to put an ammended defence in before the date given for the hearing to have the defence set aside ??

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Spamalot

Spamalot

Posted
Posted

I think an amended defence would be a good idea as you now have more to go on. They will be trying to get the set aside on the defence you have submitted so as you say there are some bits there that are not relevant and now you have had some reply to CPR you will be able to use what you have got.

 

To be honest I don't know the protocol about sending in amended defences so unless someone more knowledgeble comes along in the meantime, I would suggest giving the court office a ring, explain the circumstances and that you are LIP and ask them what the procedure is.

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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r&b

r&b

Posted
Posted

hi lafey,

can i just clarify smth here? is this an application to set aside a previous judgment or is this actually a Summary Judgment application friom ****?

"Never in the history of the world has there been a situation so bad that the government can't make it worse."

 

LINK FOR CCA1974:

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Consumer+Credit+Act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=436428&PageNumber=1&SortAlpha=0

 

LINK FOR CPR:

http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

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r&b

r&b

Posted
Posted

right that makes far more sense. typical of **** im afraid many examples of this on the site its a way for them to get 2 bites of the enforcement cherry.

they give no details of the debt so the claimant submits an embarrassed defence then go for SJ as they have submitted a scant defence. obviously works for them...............

phone the court and check that they have submitted their AQ (doubt it if they run true to form)

in the meantime have a read here to give u an idea of what u are dealing with, tho bear in mind this is for an overdraft so some details will be diff. andyorchs help from post 81 onwards was invaluable and the Witness Statement might give u a few pointers.

http://consumeractiongroup.com/forum/legal-issues/192486-court-claim-o-draft-2.html

 

heres another:

The Consumer Forums - View Single Post - Restons Court Action *** WON ***

 

this thread may prove useful too:

Tonka99 V Sechiari,Clark & Mitchell Lloyds **SUMMARY JUDGEMENT DISMISSED ** BATTLE CONTINUES - The Consumer Forums

 

if they are relying on an application form together with the Default Notice issue (they never keep a copy on file) should give u a shot at a decent defence anyhow.

"Never in the history of the world has there been a situation so bad that the government can't make it worse."

 

LINK FOR CCA1974:

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Consumer+Credit+Act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=436428&PageNumber=1&SortAlpha=0

 

LINK FOR CPR:

http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

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r&b

r&b

Posted
Posted

CPR regarding SJ:

PART 24 - SUMMARY JUDGMENT - Ministry of Justice

"Never in the history of the world has there been a situation so bad that the government can't make it worse."

 

LINK FOR CCA1974:

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Consumer+Credit+Act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=436428&PageNumber=1&SortAlpha=0

 

LINK FOR CPR:

http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

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lafey

lafey

Posted
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soory have been away so long .. have had other probs to deal with !!! .... so from what i understand from above i dont have to put in an ammended defence at this point ??? also if i am relying on their written evidence to be my defence ( they have contradicted theirselves on dn on their court bundle ) .. do i have to send it in again or just refer to their court bundle ???

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caro

caro

Posted
Posted (edited)

What is the situation with the case at the moment? Is this about SC&M applying for your defence to be struck out?

 

Have you got a court date for their application to be heard?

 

Have you had any further information since you submitted your defence?

Edited by caro
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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lafey

lafey

Posted
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Posted

the situation is we have to go to court on the 16th november as they are asking court for our defence to be struck out and the case awarded to them ... we only put embarrassed defence in as we were waiting for directions after submitting our AQ . it looks like lloyds did not complete theirs but went for straight to this ... I have received a court bundle from them which relates to the hearing ... the bundle just contains all the letters and statements i have had before . I feel we are in good position as in that bundle there are two statements both giving a different address as to where the DN was sent and that is our main defence ( we did not receive it ) . Just need to know what i need to to with regards to paperwork in regards to this hearing as if i have to send anything in will have to do it soon .. thanks for your help

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