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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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    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      Wow thats incredible. Thank you so much
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      If the purchaser denies having received it then sue P2G. If you simply don't hear anything more from the purchaser then you have the purchaser's name and address – and frankly for £48 I would go ahead and sue. As long as you have good proof of delivery then your chances of success are probably better than 95% and frankly the purchaser would probably put their hands up as they would effectively be being sued for the civil equivalent of theft. I wouldn't let it go if I were you. It would be a good exercise for you and gives you confidence the next time something comes up which is may be much more valuable
    • scott425
      Employment Tribunal

      By scott425 · Posted

      Thank you again Emmzzi for your insight. Not only did I do the work, but as a maths tutor delivering financial literacy workshops under the Govt Multiply project, the college were paid £400 for each student I recruited, which makes it an even bigger kick in the teeth! I spoke to Citizens Advice Bureau on Friday who advised me to go back to ACAS for advice and assistance, as ACAS are the experts in employment matters. They did also mention small claims court, as being more straightforward and less complex, but surely their solicitor would just contest this and I would lose the £80 court fee? If I did submit a claim through the small claims court, would I just leave the employment tribunal running until the outcome? The deadline for me to submit my schedule of loss is tomorrow, so I will submit today so that they cannot hold me in breach.
    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      Ive just checked the tracking again and its actually out for delivery today! Anyway,  I refunded the buyer on Ebay off my own back on the 2nd of June they havent opened a case or anything like that so surely i cant take action against either the buyer or P2G/ Evri can i ? Id hope the buyer would see fit and pay but you know what people are like these days ... Once its delivered I'll send him a polite message asking for payment but i suspect there'll be no reply      
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      Thanks for this update. Let's not if you have any more difficulty – in particular if you have difficulty getting paid back from the purchaser. We can help you either against the parcel delivery courier or against the purchaser

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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.

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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.

CCJ from Bannatynes Fitness

247orbital

By 247orbital
in Financial Legal Issues

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247orbital

247orbital

Posted
Posted

As I suspected I have received a CCJ from Banatynes fitness from 2007. I have recently been having problems with obtaining credit and after a credit search found three defaults and a CCJ.

 

To my knowlege I never received any paper work from Banatynes or the County Court regarding this. Although I did have a period abroad from late 2007 to 2008. As far as I am aware I completed my year contract and was under no obligation to renew my contract with them.

 

Please could someone advise me as to my next step regarding this CCJ as I understand laws regarding CCJ's are different. If I find the debt is correct is it possible to remove the CCJ (upon settlement) or am I stuck with it regardless of payment. I am under the impression that if I didn't receive the paper work there are legal avenues I can persue to remove the CCJ.

 

I currently have about 6 months off work due to injury and so can devote a large amount of time to this matter.

 

Any help would be appreciated.

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shakespeare62

shakespeare62

Posted
Posted

I think you would need to apply to set-Aside judgment, on the grounds that you never received a summons

 

Do you have a copy of the original Gym membership agreement ?

 

Here is a link to a set-aside for somone who did not receive a claim form

http://www.consumeractiongroup.co.uk/forum/legal-issues/211496-judgement-notice.html#post2319626

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shakespeare62

shakespeare62

Posted
Posted

Here is a link to a set aside, where the claim form was served at an old address and the person never received it. They won this case :-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/214746-court-action-advice-needed-2.html#post2365989

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shakespeare62

shakespeare62

Posted
Posted
The links you provided just direct me to something asking ne for £17!

 

Try right mouse clicking the links above. Select properties from the drop down list and make sure the link starts with the URL of this website. If you get a pop up for a book - just ignore it or close the window.

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IdaInFife

IdaInFife

Posted
Posted

hiya

 

this thread is in the CRA's forum

 

so have moved it to the correct forum for you - Legal issues

 

ida x

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IdaInFife

IdaInFife

Posted
Posted

this is the link you need

 

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside

 

ida x

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247orbital

247orbital

Posted
  • Author
Posted

I have searched all my records and i can find no letter from any court relating to a CCJ. I was for a short time (6 months) out of the UK but this would be hard for me to prove as it was in EU.

 

Any suggestions which route to go down next?

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Axiom99

Axiom99

Posted
Posted
I have searched all my records and i can find no letter from any court relating to a CCJ. I was for a short time (6 months) out of the UK but this would be hard for me to prove as it was in EU.

 

Any suggestions which route to go down next?

 

I had a CCJ served on me despite having never had any paper work from the court to say that my lender was applying for a CCJ and applied to have it set aside having had advice from someone supposedly 'in the know'

Turned up at court expecting that it would be sufficient to tell the judge I had never received the original papers but not prepared for what judge said.

He said that as far as the law was concerned the fact that the court had posted the original documents was proof that they had been served on me,the fact that in reality they may have been lost in the post or whatever was completely irrelevant!

He then said for him to consider setting aside the CCJ I would have to produce evidence there and then that I had a reasonable argument that the original request for the CCJ could be defended.

I was totally unprepared for this so my request for set aside was denied and I ended up with another 395 quid costs for my trouble.

This was all before finding out about CAG but be very careful who you take advice from before going to court

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  • 3 weeks later...
hungrybear

hungrybear

Posted
Posted

Their standard terms are that you have to give three months notice in writing to cancel the contract, which at or more than 12 months. Did you cancel the contract with the gym in writing or just stop the DD?

 

This is where they get most people. So, with what axiom has, quite correctly said, be careful.

 

How much was the CCJ for and how was it made up?

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