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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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    • Madmart58
      Lost items sent through Parcel2Go and EVRi

      By Madmart58 · Posted

      Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Angryman1404
      IDRWW letter and email received this week

      By Angryman1404 · Posted

      Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  

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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.

SB100 v HFC - is this default compliant? Court/Restons ***WON***

SB100

By SB100
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diddydicky

diddydicky

Posted
Posted

 

With respect sir, the purpose of my defence is to establish that the claimant has no grounds to legally enforce the agreement in question.

 

If the court were minded to make a decision based on a moral basis rather than a legal one then I would be obliged if the court would outline in full its reasons for coming to such a conclusion.

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SB100

SB100

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Well that didn't go quite as I hoped, or expected.

 

Restons sent a Barrister to represent- for their SJ I'm guessing. She turned up with a skeleton argument, and a long printout of Rankine.

 

The Judge was a very nice chap, and dealt first with Restons application for SJ that they tried to file last week in the hope that it could be heard today. He refused to hear their application and said they should have known better.

 

He told them if they wanted to re-apply for it to be heard, they needed to do so before the end of October, but warned that their are issues with the default.

 

They also had a witness statement from HFC stating that the default was sent out by 1st class, as was ordinary practice. I have proof it was sent by UK Mail.

 

He then turned to my application. He said he couldn't strike out on the grounds I'd asked for. The bulk system didn't allow for attachments, and although they should have sent them straight to me, they did so as a result of my CPR so I had them reasonably quickly anyway. They made a massive application for costs. The judge asked me what my costs had been- I replied 'minimal', he thanked me for my honesty, then told them he considered the majority of their cost was as a result of their application so I shouldn't have to pay. He told me I'd have to pay a sum of roughly 1/3 of what they'd asked for, but not until after trial.

 

He then went on to set dates for disclosure, exchange etc. Its been allocated to fast track, which concerns me, with the cost implications.

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SB100

SB100

Posted
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Sorry, hit return by accident.

 

When we left the court the barrister asked if I'd consider settling. I said I didn't have much, and did she know the witness statement made about the first class post was rubbish, and I could prove it. She said she didn't and I should let Restons have the evidence. I think she was then trying to get me to admit liability but I changed the subject each time.

 

To say I'm feeling deflated is an understatement. I suspect if I'd made the SO application on the back of the default rather than the POC I'd have had a different outcome.

 

:(

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supasnooper

supasnooper

Posted
Posted

Well....you live to fight another day.

 

Restons didn't get their SJ which is good news.

 

I would also take heart from the fact that the Judge has let Restons know that the Default Notice is defective.

 

Restons now have an insight that the Judge is on the button regarding Consumer Law.

You've also fired a warning shot to their barrister that you have proof of postage...............and it ain't what they've told the Judge :eek:

 

As to the case going to the Fast track, this ensures that you will get a District Judge to hear the case.

He\She will have a good knowledge of the Consumer Credit Act and the Statutes.............and not a part-time stand-in Deputy District Judge who has specialised in Family Law

 

Restons being Restons, will drag this out trying to spook you into submission.........don't let them wear you down, as you hold the aces !!

 

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the_shadow

the_shadow

Posted
Posted
Sorry, hit return by accident.

 

When we left the court the barrister asked if I'd consider settling. I said I didn't have much, and did she know the witness statement made about the first class post was rubbish, and I could prove it. She said she didn't and I should let Restons have the evidence. I think she was then trying to get me to admit liability but I changed the subject each time.

 

To say I'm feeling deflated is an understatement. I suspect if I'd made the SO application on the back of the default rather than the POC I'd have had a different outcome.

 

:(

 

Hi SB, sorry it didnt go to plan but remember it didnt go Restons way either :-) you live to fight another day and the helpful judge has confirmed there is an issue with the default and the judge is clued up.

 

As to which reason to request SO for, its all done blindly, some judges I've read details of on here wouldnt have accepted the default argument and some would, its a lottery at the end of the day I'm afraid :-D

 

S.

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SB100

SB100

Posted
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I know you're right SS, but tbh it doesn't feel like that at the moment.

 

I was hoping I'd be able to bring my last witness statement in to play, but didn't seem to be able to as it was in response to their application and not in support of my application.

 

I also mentioned to the barrister, out of court, about the robcag letter... not sure if I should have, but its done now.

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SB100

SB100

Posted
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He blocked them as they'd tried to rush the application, but insinuated that they wouldn't have got it anyway because of the DN. He stressed that he wasn't making a judgement on the validity, but that they should think carefully before re-applying for SJ.

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AndyOrch

AndyOrch

Posted
Posted

Absolutley they wont try for SJ again, and now have to go to full trial with the knowledge of why.Well done SB100!!!

 

 

Regards

 

Andy

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robcag

robcag

Posted
Posted

Hi SB

 

It sounds to me like you got a reasonable result, from the few threads I've read where people have mentioned going for a SO it doesn't seem happen very often.

 

As others have pointed out, the Judge didn't look too favourably on Restons either, even if he did mention the costs element.

 

I think it's easier for people on the outside looking in to see the implications of such a hearing (at least it was in my case). I came away thinking the result could have been better, but although others agreed to some extent, they also pointed out angles that I hadn't seen.

 

I wouldn't worry about the case being allocated to fast track, as you have an excellent chance of winning, just make sure your costs are not 'minimal' next time! When (not if!) Restons finally do throw in the towel, make sure you claim for every last sheet of paper!

 

Did you ever see this post by fairbyblue, where Restons had to cough up after discontinuing due to yet another defective DN?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/214452-mbna-now-served-3rd-2.html#post2365891

 

 

cheque.jpg

 

That's what the sweet smell of success looks like (not sure if that sounds right!)

 

Cheers

Rob

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underdog13

underdog13

Posted
Posted

Sorry you feel a bit deflated SB, but take heart, it could have been a lot worse! The judge was fair, seems clued up and perhaps was giving you a nudge in the right direction by mentioning the issues with the DN. Has the same judge reserved your case for the next hearing?

 

If Restons are soooo confident of their case, why are they so desperate to settle? Couldn't possibly be because you can prove that they (allegedly :rolleyes:) deliberately mislead the court over the postage of the DN could it?:D

 

Put your feet up for the evening, have a glass or three of your favourite tipple and wait for Restons to cave;)

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citizenB

citizenB

Posted
Posted

Well done SB. I agree with the others. You did well and came away with a good result.

 

:D

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fairbyblue

fairbyblue

Posted
Posted

The fight goes on. Restons are trying their hand. Keep going I waivered but due to the people on here i carried on and won (See cheque above which i converted into lager) Ups and downs. They wanted to get SJ and didnt. So therfore you one up and the game is on. !!!!!!!!!!:D

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