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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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    • Fringer
      Parking Eye ANPR PCN PAPLOC - dismissed appeal 15mins stay after 10pm - Colne Road, Clacton on Sea

      By Fringer · Posted

      Yes I have read to ignore anything unless it says Letter of claim  I was just updating stating what I’d received and was asked to upload it  they can keep writing 
    • BazzaS
      50R Performing a prohibited right turn - PCN help required please!

      By BazzaS · Posted

      Steady on, that’s almost as blunt as my response I’m just not sure the OP is going to get the answer / “nuanced response” it seems they were hoping for ……..
    • occysrazor
      Evri lost my Ebay parcel £844 - court claim issued ***Judgment***

      By occysrazor · Posted

      My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me. I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?
    • lolerz
      50R Performing a prohibited right turn - PCN help required please!

      By lolerz · Posted

      Agree with everyone here it's bang to rights. Looks like you just slightly jinked left in order to go right. Ultimately, your time saving attempt is going to cost you as I don't think you have any grounds to appeal. I'd just pay the charge and chalk it up to experience.
    • occysrazor
      Evri lost my Ebay parcel £844 - court claim issued ***Judgment***

      By occysrazor · Posted

      Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it

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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

      BankFodder posted a post in a topic,

      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.
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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.

Barclaycard v Questioner – no 2

questioner

By questioner
in Debt Collection Agencies

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questioner

questioner

Posted
  • Author
Posted (edited)

"Mercers cannot issue a default notice. Barclayshark must do it in their own name."

 

CB - not according to their gaffer BC.

 

How much does it cost 'em to get investigated by FOS?

 

LOL.

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citizenB

citizenB

Posted
Posted

So, they have either realised their first DN is rubbish.. or just cage rattling :rolleyes:

 

Wait and see what happens.

 

I think the cost for the FOS to investigate is around £450. Sadly, I dont truly think they will.. FOS appear to side with the banks when there is a sum outstanding.. disputed or not :mad:

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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questioner

questioner

Posted
  • Author
Posted

BC write to say they are sorry that I am unhappy and are investigating my complaint which they hope to resolve by xmas

 

meanwhile folks Mercers start ringing me to pay up or else...... :eek:

I intend to make a little fuss.. :)

 

all with NO agreement too.....

 

Cant wait to get started on the PPI hit list with these clowns. :D

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citizenB

citizenB

Posted
Posted
BC write to say they are sorry that I am unhappy and are investigating my complaint which they hope to resolve by xmas

 

meanwhile folks Mercers start ringing me to pay up or else...... :eek:

 

I intend to make a little fuss.. :)

 

all with NO agreement too.....

 

Cant wait to get started on the PPI hit list with these clowns. :D

 

Ah, but WHICH Christmas.. they dont say that do they :rolleyes::D

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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questioner

questioner

Posted
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Yeah - OFT's most recent guidlines on NOT midsleasding folks about unenforcable agreements seem to have simply passed Barclaycard by.

 

So of course I have to do my duty as a good consumer and tell OFT about them and their trained playmates in Liverpool Mercers.... :D

 

If any kind soul can think of other bodies I should alert about such commercial activities them I am listening. :)

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citizenB

citizenB

Posted
Posted
Yeah - OFT's most recent guidlines on NOT midsleasding folks about unenforcable agreements seem to have simply passed Barclaycard by.

 

So of course I have to do my duty as a good consumer and tell OFT about them and their trained playmates in Liverpool Mercers.... :D

 

If any kind soul can think of other bodies I should alert about such commercial activities them I am listening. :)

 

 

Have you gone the OFT route, using bankfodder's draft letter from ..

 

OFT COMPLAINT

 

:)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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questioner

questioner

Posted
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Posted

Hi CB

 

Although I have not used that letter - yes, I have complained to OFT about the outrageous activies, many times, that I have been subject to by this awful company.

 

They have not provided any signed agreements for either of the accounts yet been happy to hunt me at will.

 

I may have to invest in one of those bog - off phone thingies too as the thought of them and Mercers etc abusing my phone line for yeras is not a nice prospect. BC tell you that they are so sorry that one is not happy about their activities and the next moment mercers ring once again to pester and abuse. It is unacceptable and outrageous.

 

 

 

 

 

 

 

 

Have you gone the OFT route, using bankfodder's draft letter from ..

 

OFT COMPLAINT

 

:)

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intree

intree

Posted
Posted

Mrs Gill Rice - has written to me since last year, told her to get stuffed until she sends me a signed agreement, they are yet to DN me or terminate the agreement so just ignoring what they do - The bast course of action would be to send a copy of the dispute letter as CB suggested - The FOS are a waste of time - dont waste your energy on them - I did and it did not assist me, in fact they informed me I should stick to the agreement - even when the complaint was there was none?????

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questioner

questioner

Posted
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Posted (edited)
to stop the calls get your self a caller ID phone and then bar their number - they can not call you then, and if they do you know, before you answer which if any are from these idiots...

 

Yes - they really do seem to be idiots as you say and their constant phone abuse is plain silly.

 

Still - I suppose it keeps a few kids in a job. I think that some of them come on here to play at times too :)

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questioner

questioner

Posted
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Posted

In B/Card land the sky is rosy and the birds are singing in the trees.

 

The word dispute is also banned from the lips of loyal staff.

 

I know this for they have just bunged yet more 12 quid charges onto my disputed account, which they have not received a penny from since last summer.

 

Still - in B/Card land that nasty term, executed agreement, is also frowned upon.

 

Lovely! :)

 

Perhaps I should send them a bill for something regarding the invisible agreement that they never signed with me that I may wish to persue them on.

 

Surely it works both ways???

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citizenB

citizenB

Posted
Posted

Standard response when they have run out of ideas that might persuade you to pay up and sod off :D

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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