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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
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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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.
      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

jsa and capital / savings

Mr-pringle

By Mr-pringle
in Benefits and HMRC

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Mr-pringle

Mr-pringle

Posted
Posted

hi i recently applied for income based jsa, and when they asked what savings / capital i have i told them i had 10k but this is not in a bank account but in cash which is the truth they asked for proof / evidence of this i asked how they would like this to presented as it is in cash i have forwarded bank statements which shows that i withdraw all my earnings from my bank account on the day it was put in i leave just enough to pay direct debits and so, the reason for this is i think banks are the biggest robbing fleasing *******s and i don't give them the opportunity to use my money to invest then charge me for being a few pence overdrawn.

anyway because i can't show them proof of this cash they have replied to me saying i have over 16k in savings / capital and not entitalled to jsa i asked for a review on the decision which came back they are not changing there origonal decision i managed to get a call back from a decision maker who said that any future claim for benefit would be dissalowed because i have not shown evidence proof of this savings capital the burden of proof is on me to prove i'm appealing this and waiting for a date to be set.

does anyone know there proccedure for dealing with savings / capital in cash any help would be most appreciated.

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MelissaTeddyBear

MelissaTeddyBear

Posted
Posted

Not sure what happened there but when you make a claim to income-based JSA the burden is on you to prove you are entitled to it. When it has been awarded then if the DWP want to change it the burden is on them to prove it should be changed. They do not think that you have £16,000 but come up with a decision that will produce a nil award. I know it is awkward to prove that you have £10,000 in cash because you do not want to walk about with that kind of money but you can prove how much you have in cash by taking it to be verified. I know that is not ideal but it is a solution. At some point even if you go to a tribunal you will have to verify your savings so it is better to save yourself a lot of aggro by doing it sooner rather than later.

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MIKEY DABODEE

MIKEY DABODEE

Posted
Posted

Its not ideal having 10k in savings in cash but thats your choice and you declared it,

 

how far back did they ask for bank statements?, and was there anything on these statements to make them think you have capital over 16k, because to nil your claim on these grounds they must have reason to think you have.

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RaeUK

RaeUK

Posted
Posted

I appreciate your reasoning, Mr-pringle, but I would not be sleeping easy at night with that amount of cash knocking about the place! At least try to locate an 'ethical' bank you'd be content with.

 

Failing that, of course, please allow me to take it to be verified for you. Save you the trouble... :D

 

Rae.

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Mr-pringle

Mr-pringle

Posted
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Posted

thankyou for the reply melissa, i have offered to take the money down to the job centre plus office but they have refused to accept it, basically they said being has i have such a large amount of cash they are not willng to count it , i have wrote and signed an affidavit stateing i have 10k in cash, they find it unusual for someone to have such a large amount of cash and that i could have more than this and only declaring the 10k.

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Mr-pringle

Mr-pringle

Posted
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i have gave them the last 12 months of statements which shows i withdraw my earnings the day they went in. it clearly states on the dwp website that you can have savings in cash but there is no information of how to prove this, if it was in a bank they want statements but no information how to prove it if it is in cash.

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MIKEY DABODEE

MIKEY DABODEE

Posted
Posted

Where you self employed ?

Why did you leave your last job ?

I know it says you can have cash but most people declare about £100,

a lot of people dont trust banks now, and I am not surprised.

If you are sure you only have 10k then you will have to wait for your appeal. You can ask for a copy of the DMs decision to why they think you have more then the allowed 16k

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MIKEY DABODEE

MIKEY DABODEE

Posted
Posted

Why did you declare it then? Did you win it ?

or was it the amount you earned in the year?

If you havent worked longer then a year or so I suppose they may wonder how you got it, as if you withdrew the cash each week then you would have had to spend some, eg food clothes etc.

You can only appeal against this decision

Good luck

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andydd

andydd

Posted
Posted

Where do you keep it ?. Under the bed ? I know no-one likes banks but having that amount of money in cash is a bit mad and in this day and age will throw up all sorts of problems as you are just finding out.

 

Couldnt you put it in an ethical bank as pointed out or some sort of co-op, even if just for a short time.

 

Andy

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ErikaPNP

ErikaPNP

Posted
Posted
i do buy and sell cars on the side plus the bookies you need cash to put a bet on, 90% of people who use the bookies are on the dole believe me.

 

If you are buying items to sell at a profit without declaring the profit made from the sale, this is potentially fraud, and CAG cannot offer advice which could assist a person to fraudulently obtain benefits that they are not entitled to.

 

Thread closed.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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