Jump to content


  • Tweets

  • Posts

    • 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.
    • 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. 
    • 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  
    • 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.
    • 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...  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like

6hrs later,still struggling... **Stat demand set aside won with costs**


harvie
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4606 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Here's an SD example of cost claim fro LIP:

 

Costs For Set Aside Application Case No xxx

xx Court xxx April 2008

 

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £166.50

 

2) Time spent communicating with Respondant and swearing affadavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxx April 2008 £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

Link to post
Share on other sites

  • Replies 103
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

just thought i would let everone on here know of todays success. capquest had issued me with a statutory demand for a debt from 1999 the hearing was to take place tomorrow, but after fantastic advice from you lot they have backed down and i won court cost of £137.00!! many thanks to everyone who has helped me with a massive thank you going to brent-London,without your help i never would have fought this.:)

Link to post
Share on other sites

well done again people power has prevailed PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Well done Harvie - another North West victory !!

 

Join the queue waiting for the cheque now !! :rolleyes:

[B]Nunquam redono spes Nunquam occulto evinco [/B] [SIZE="1"][COLOR="Red"][B]HighFly - 1 Lowell - 0 £5200 SD set aside + costs won HighFly -1 Wescott - 0 £4200 S. barred, removed from files[/B][/COLOR][/SIZE]

Link to post
Share on other sites

  • 4 weeks later...
  • 9 months later...

hi

i got so much valuable advice back in september i managed to win a case against capquest over a 7 year old loan. i was awarded cost and thought that was the end of it.today i have received another letter from them stating "on the 30 april 09 a statutory demand for bankruptcy was sent which we have not received a positive contact from."

they are once again threatening me with field agents to visit my address.

why has this started up again?? please any help gratefully received.:sad:

Link to post
Share on other sites

hi

i got so much valuable advice back in september i managed to win a case against capquest over a 7 year old loan. i was awarded cost and thought that was the end of it.today i have received another letter from them stating "on the 30 april 09 a statutory demand for bankruptcy was sent which we have not received a positive contact from."

they are once again threatening me with field agents to visit my address.

why has this started up again?? please any help gratefully received.:sad:

 

So you won the set aside against CapQuest and were awarded cost? Is this correct and did they pay your costs ? Did you receive any letters/papers to confirm this ? If yes, send them a copy by recorded delivery.

 

I should imagine this is just a mistake by CapQuest, but probably best to correct them, rather than ignore. If you ignored this, they would probably just continue to harass you further.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I agree it sounds like a mistake. Write to them spelling this out and demanding the £175 if they haven't paid it.

 

If they do try to take this further and you have the time, you could have a lot of fun in court with this.

Link to post
Share on other sites

feeling stressed just thinking about going through this again! the guy at capquest last time was a barry davies,wonder if he's still there. if i dont find the original letteres inot sure what i will do

Link to post
Share on other sites

Either way I'd do it in writing by recorded delivery. Keep the paper trail going :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...