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Got a paploc today - going to wait 20 days until I answer, they haven’t answered my complaint haven’t provided documents asked for just did a one line typed total of amount owing - and called it a creditor statement lols - which it isn’t capital on tap already put in writing one doesn’t exist earlier last year I have all the written evidence and emails sent at time that we refuse to sign and refuse to give personal guarantee - very clear and specific the document they rely on was only created at start of this chasing action and they (capital on tap or Drysden’s ) appear to have typed my name at bottom - never been seen or provided, without my knowledge or consent (expressly refused in writing) which means it’s a forgery in simple terms I guess - I don’t see how they expect to move forward with action , with no creditor statement to prove loss - a forged document as I gave express written refusal to sign - and certainly did not do so and have never seen this ‘new’ document capital on tap would have sued me themselves easily if a real PG was in place - not sold on two years ago
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By Ethel Street · Posted
'Without prejudice' can have different meanings in different contexts. In my view they aren't saying it's a 'without prejudice' settlement negotiation. They aren't making a settlement proposal or making an admission, they are asking for your claim to be struck out. They are saying that although they decided in your case that they could satisfy themselves of your identity and sent you a passkey they maintain their legal position stated in paragraphs 6 to 8 is correct and they were not required to send you a passkey because you had not provided sufficient ID to meet their standard requirements. "Notwithstanding the Defendant's position...." would have been a clearer way of putting it, but lawyers can't resist jargon. -
By chindley01 · Posted
Hi all. In a bit of a quandary To keep this short I will detail the facts. Sold a bike on ebay. £1450 Sent bike with Paisley Freight and chose £750 of liabilty cover Paisley Freight used there partners APC to collect and deliver the bike Bike was stolen by the delivery driver (The driver was dismissed but they did not prosecute him) Paisley Freight only want to pay me the £750 cover I chose even though it was there partners driver who stole the bike I reported it to the Police (investigation still ongoing) Paisley Freight say that I accepted their T&C's and won't pay the full loss I have incurred as a result of their (partners) employee's actions. Paisley Freight are in Scotland. However as the full transaction (Collection and delivery address)was carried out in England by an English company and it was reported to the MET Police, I want to claim with the N510 "Out of Jurisdiction form" So my question is.. What do you think my chances are? if I take them on the basis that they were engaged to do a job, and they failed to do it with reasonable care and skill in breach of the provisions of the Consumer Rights Act 2015. and their attempt to limit liability falls foul of the Unfair Contract Terms Act test of “reasonableness” Many thanks for your responses. -
Thanks, that's reassuring to hear because that's how I understood it (landowner has primacy and they just subcontract to Wise Parking) but wasn't 100% sure. In my email to the CEO I highlighted that Lewisham NHS Trust has "treating everyone with respect and compassion" as one of its values. PALS must have missed the memo. I might double-down on that point as I have another item to raise where Lewisham's treatment of the recently bereaved is incredibly poor (will post that a little later).
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Hi, Please find agreement attached. AST agreement.docx
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