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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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    • FTMDave
      Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

      By FTMDave · Posted

      I see that at the start of your thread you said they hadn't sent a Letter of Claim.  And in fact in all the uploaded material there is no LoC.  This is great news.  Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR.  Are you sure about this?  Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus).  I'm not being pernickety, this will be important for your Witness Statement further down the line.
    • Hopgarden
      Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

      By Hopgarden · Posted

      Thank you
    • dx100uk
      Cabot Letter Of Claim - old HSBC OD - all fees

      By dx100uk · Posted

      doesn't mean that... dx  
    • Man in the middle
      Summons to court for a S87 (1) offence

      By Man in the middle · Posted

      I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving. The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but  does it does not provide a defence. But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did. As I explained, after his birthday he did not hold a licence that could be revoked. In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive. The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
    • lolerz
      Lowell breach of GDPR?

      By lolerz · Posted

      I'd recommend getting a new thread started about this. Let us help!

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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.

Please go through my TDS Letter!!!

LancashireRock
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LancashireRock

LancashireRock

Posted
Posted

Please let me know if the LBA letter below is good enough to send forward.

 

Also who will I contact to get the claims sorted out?

 

Thank you

 

 

Name

Address

Number

 

Landlord Name

Address

Number

 

 

 

 

LETTER BEFORE ACTION

 

 

 

The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £XXX required by the tenancy agreement dated 1st March 09in respect of the premises at XXXX made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), and that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

 

And the Claimant asks that the court make an order:

 

1. That the person who appears to the court to be holding the remainder of the depositdo repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

 

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

 

3. The Claimant claims no interest under section 69 of the County Courts Act 1984 at the rate of 8% a year as gesture of goodwill.

 

The Claimant is therefore seeking payment of the remainder of the deposit after necessary deductions and £XXXX (three times the deposit), plus the court fee and other legal costs incurred.

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the_freedom_trail

the_freedom_trail

Posted
Posted

It is my opinion that the letter you have drafted is pretty similar to a particulars of claim rather than a letter before action. You need to have the letter before action looking pretty tight as it is part of your pre-action protocol and the judge would want to see reasonable attempts have been made to remedy the matter before bringing it to court.

 

Would you like me to draft you an lba that might be a bit more appropriate?

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

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Part settled for £48 - 01/03/08

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Valley Leisure - complaint about collections agent

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GOGW £10 - 01/05/09

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Planner

Planner

Posted
Posted
It is my opinion that the letter you have drafted is pretty similar to a particulars of claim rather than a letter before action. You need to have the letter before action looking pretty tight as it is part of your pre-action protocol and the judge would want to see reasonable attempts have been made to remedy the matter before bringing it to court.

 

Would you like me to draft you an lba that might be a bit more appropriate?

 

TFT

 

I second this. You have written your particulars of claim rather than a letter. Write a letter before action and then print off and fill in the n208 form with the above particulars of claim and send along with your LBA to show you mean business.

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LancashireRock

LancashireRock

Posted
  • Author
Posted

HI guys, thanks for the response,

 

I started renting the flat earlier this year and have not received anything

 

I tried to text him a lot yesterday asking for it with no luck, i've got email correspondents of this also. Together with his response which I have sent to your private boxes.

 

I've called the 3 different deposit companies and none of them have the details. Where do i stand?

 

And yes please do draft on suggested letters as they will be very useful! thanks

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Planner

Planner

Posted
Posted
even though he was trying to stiff me up with bills that where not in anything to do with me?

 

Court action shouldnt be taken for 'revenge', it should be taken as there is no other option left open to you. Your landlord has now given you, in my opinion, a satifactory alterantive.

 

Submitting a claim to the court will in no way guarantee you x3 the deposit as there are ways for the landlord to get around it due to the poor drafting of the relevant legislation.

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LancashireRock

LancashireRock

Posted
  • Author
Posted
Court action shouldnt be taken for 'revenge', it should be taken as there is no other option left open to you. Your landlord has now given you, in my opinion, a satifactory alterantive.

 

I do agree with that and without you mentioning it I would have just blanked that point off my head.

 

Thank you for your so helpful comments, I've decided not to further on with the TDS whoohaa and just get the normal deposit back!

 

Cheers

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the_freedom_trail

the_freedom_trail

Posted
Posted

My opinion is take the offer, get the money in your pocket and get off down the pub. As has been said, you are far from guaranteed to get three times the original deposit so to get the full deposit back is a result in my opinion. Also, county court is not for the faint hearted - I first started a reclaim for penalty charges from a finance company in October 2008 and the case will not be heard until the beginning of November this year. County court can take a long time - if you can settle out of court this is your best option.

 

All the best,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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