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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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    • jk2054
      Evri lost 2 parcels approx. £600 (part 2)

      By jk2054 · Posted

      Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week

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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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      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.

bailiff Andrew James Enforcement CTAX debt at my door a few weeks ago

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tottys

tottys

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Posted
hi

sorry i dont have anywhere to park.

but filed paperwork with county court about both bailiffs, the court has only one name.

so i will have to go to county court

i also put another letter into the council, asking them to pay £1500 for the time ive spent, and talking to bailiffs lol.

ok what paperwork will i need, i have letters for bailiffs and council, and a letter from my solictors to bailiff, i have been told bailiffs replyed with fax showing their costs!!!

hi wildrob,have just been reading your link as i to have also had the said company call to my house i have tried doing a public reg on them but nothing is coming up with them.they wanted £100 pw off me but have phoned them and told them that i cant pay this but they told me that i now have to pay up £500 otherwise they r coming to take my goods any advice would be grateful many thanks totty.
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tottys

tottys

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hi all,

wanted some help i had a debt collector call out a few weeks ago for council tax payments told him i didn't have the money, so he asked if he could come in,i told him he would have to call back as i was trying to get me and my children ready for school,but he told me no he couldn't that he would not be back in the area again that day so stupid as i am i let him come in he told me that's all i had to do was sign a form and he would give me a number to phone and sort out a payment plan with them. he also noted down a few items that he would take if i didn't keep up with the agreement and went.i phoned to make an arrangement and they wanted £100 pw off me so i put the phone down have since phoned back to tell them that i can afford £50 pw but was told that it was to late and i have to pay £500 or they would be back for my belongings.

is it right that they have to be registered with the courts cos i have been on the public reg and they r not on there.also are they supposed to show me their certificate that they are registered.

lastly can they only take the items that they listed or can they take anything they want.

would be grateful for all help thanks all

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citizenB

citizenB

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I am sorry, I dont know the answer to your question. I am just giving your thread a little nudge, I am sure someone who will be able to help will be along soon. :)

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tottys

tottys

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there is no law saying you have to pay the bailiff pay the council direct on line do not let the bailiff into your home if you have a car that is not on hp move it away from your house

remember a bailiff will tell you anything to get money out of you

hi have just read your quote about paying the council instead of the baillif i am in a bit of a stick sit i stupidly let the baillif in as he said there was no other time he could come back and as i was stressed trying to get three kids ready for school i gave in and let him in now i have tried to get the council to agree for me to pay them insteed of baillifs but they have said no chance and now the baillifs are saying that cos i have not paid them £100 pw they wil be coming to take my belonings,unless i pay up£500 where they think i have this kind of money i dont know.

what can i do know also can they only take what they put down on the list or do they then come and take what they like???please if you can help let me know asap thanks so much totty

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tottys

tottys

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hi all have just been reading through all the threads on here there is some good advice on here,

now i really need some help i owe £900 in unpaid council tax some form previous year and some from a diff address.had a bailiff call out didn't even know they were coming it was on a Monday morning he asked if he could come in but i said no cos i was trying to get my 3 children ready for school but he said that it had to be sorted there and then and that he would not be in the area for very long so stupid as i am i let him in.he marked down a few items (no where near to match the total of the debt)

and gave me a no to ring and sort out a payment plan,i did this but they wanted £100 pw but unfortunately i have been unable to pay this so i phoned back and told them this but that's all they said was tuff and if they don't receive £500 by the end of the day then they will be back to remove my goods.have phoned the council to try and get them to take the debt back as it is not as if I'm unwilling to pay its just i cant afford £100 pw and they have said no now i am unsure of what to do, also can the bailiff only take what he put down on the walk in or is he entitled to take what he wants??

any help would be really appreciated and needed soon thanks all

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lamb to the slaughter

lamb to the slaughter

Posted
Posted

unfortunately you have signed a walkin pocession so little you can do to be honest, however having said that the only items the bailiff can take will be those listed on the WPO and normally as you have already stated those goods dont cover anywhere near the debt, bailiff will not be interested in taking the goods to be honest, they will want the cash, perhaps someone with a bit more knowledge might be able to help you further shortly and good luck

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tottys

tottys

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What items did he list?
hi sorry it has taken so long to get back to you he put down my table and chairs (which he will be lucky to get £10 for as it is falling apart and nearly as old as me) a wooden cabinet a dvd player and a microwave which also don't work just kept it cos it looks nice lol
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tottys

tottys

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This has been posted elsewhere on the site ,but I thought it could do with an airing on this forum..

 

Click me!

 

About time they lived in the real world.

 

Fwog

yes but do you think the bailiff comps will actually listen i have phoned the ones that are dealing with my case and told them i was looking into passing it to a debt management comp and they said that it was tuff and they were still coming to remove my belongings my story is on a diff thread need help fast if anyone has some please have a look as I'm desperate now

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fwog

fwog

Posted
Posted

Its not due to be implemented before May 2009, typical :rolleyes:

If its in this forum it should be answered soon.

Have a look at the other threads, if they've never been granted access, they cant take your goods. Keep all your windows and doors shut. Try to get the debt passed back to the original creditor, if its a council, pay them on-line.

 

Best of luck

 

Fwog

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fwog

fwog

Posted
Posted

Try to find out whats actually owing and what are charges.

The council should have notified you of the court procedure as they have to apply for committal proceedings (go to court) before evolving a bailiff.

Bit of a sticky wicket as youve signed a WPA. If your on benefits this should be taken into account.

 

Hopefully someone will post a reply soon :)

 

Best of luck

 

Fwog

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lamb to the slaughter

lamb to the slaughter

Posted
Posted
hi sorry it has taken so long to get back to you he put down my table and chairs (which he will be lucky to get £10 for as it is falling apart and nearly as old as me) a wooden cabinet a dvd player and a microwave which also don't work just kept it cos it looks nice lol

 

Let em take it and buy yourself some new ones and then dont let the boogers in again :D

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tottys

tottys

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Let em take it and buy yourself some new ones and then dont let the boogers in again :D
you know what that is fab idea as i work for some1 that i can get all this for less than half price think i will lol. but will they have to do another walk in and dont know if i have already asked this but can they take things that are not on the list??????
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lamb to the slaughter

lamb to the slaughter

Posted
Posted
you know what that is fab idea as i work for some1 that i can get all this for less than half price think i will lol. but will they have to do another walk in and dont know if i have already asked this but can they take things that are not on the list??????

 

 

they will try and tell you they can take other stuff, ie sufficient to try and cover the debt, however the law protects you here, if it aint down on the list then it aint going out if you get my drift!!!!

 

even if they come in and remove and then start relevying just dont sign anything but to be honest once they have removed the case would go back tot he council anyway!!!!! hope this helps

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tottys

tottys

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they will try and tell you they can take other stuff, ie sufficient to try and cover the debt, however the law protects you here, if it aint down on the list then it aint going out if you get my drift!!!!

 

even if they come in and remove and then start relevying just dont sign anything but to be honest once they have removed the case would go back tot he council anyway!!!!! hope this helps

thanks for the advice have been great.any idea where i can find out about this law so i can get it ready for when they come..thanks again you have been fab:D
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lamb to the slaughter

lamb to the slaughter

Posted
Posted
They can enter on the WPA then re-levy on items not on the original list.

 

yes they could do however i have been speaking to a couple of bailffs this evening and they assure me that once a removal has taken place the case always goes back to the council, also you can guarantee the only goods that were put down were all the bailiff in the first instance thought worth while putting down, however if op is worried in any way shape or form they can take stuff out for when bailiff turns up to take whats on the list, job done ticketyboo see ya laters bailiffs :D

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tottys

tottys

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morning all does any one think it would be a good idea to phone the bailiff comp and explain that the things that the man put down on the wp is not going to in no way cover the bill?? and the hope that they will finally come to a more sufficiente payment plan?? don't know when the bailiff will be coming back so don't really want to go hiding things that are used everyday am so unsure about what to do now please any advice

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