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      Hi Caught Shoplifting at John Lewis - Retail loss Prevention/Other shoplifting allegations. - Consumer Action Group Thanks a lot for commenting this experience of yours. I do understand this might be something that you are not willing to talk about anymore but the same exact scenario happened with me today at John Lewis. They took my name/ address/ a picture of me holding a signed banned letter. the only questions I've got are... will I be contacted by the police will this be recorded as police caution or criminal record?  I would really really appreciate if you could let me know how it went.  I am so so so ashamed of myself and am really making changes in my life I feel like I've lost myself for a period of my life but anyways it would be really great to hear back. Thanks 

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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.
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MBNA/Optima Legal/Court Papers Rec'd!

Peedee123

By Peedee123
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Peedee123

Peedee123

Posted
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Hi Emandcole - Thank you so much for taking the time to look at this for me. I'll get the email sent to them this morning and chase it up later.

 

Thank you Pompeyfaith for your input and of course thanks to CitizenB as well.

 

I'll keep you updated as and when - thanks again everyone!

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citizenB

citizenB

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Good luck peedee.

 

Thank you emandcole and pf for such excellent advice. :D

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Peedee123

Peedee123

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I sent the email to my local county court today. I did a real belt and braces approach and sent the letter in the body of the email, a signed .pdf copy and also as a msword attachment! :D

 

I received acknowledgement that is had been received (not until 10.15am tho!) and it will be dealt with as soon as possible.

 

Fingers crossed they get it across to the judge in time..... Although I'm hoping that even if they don't I will have some sort of recourse - maybe I'm grasping at straws though!

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emandcole

emandcole

Posted
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I sent the email to my local county court today. I did a real belt and braces approach and sent the letter in the body of the email, a signed .pdf copy and also as a msword attachment! :D

 

I received acknowledgement that is had been received (not until 10.15am tho!) and it will be dealt with as soon as possible.

 

Fingers crossed they get it across to the judge in time..... Although I'm hoping that even if they don't I will have some sort of recourse - maybe I'm grasping at straws though!

 

Yes, the time limit was perhaps the immediate concern here but sounds as if you've done all you can given the late notification you had yourself. As for recourse there are options you can take but we'll cross that off if the need arises. Keep us posted ;-)

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diddydicky

diddydicky

Posted
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just had time to look in and it appears all is under control

 

cant really see why optima is being criticised here- it is quite clearly (on the facts stated) a failing on the part of the court

 

Optima should never have been allowed to progress it past the lifting of the stay. - you cant blame them for trying

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Peedee123

Peedee123

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just had time to look in and it appears all is under control

 

cant really see why optima is being criticised here- it is quite clearly (on the facts stated) a failing on the part of the court

 

Optima should never have been allowed to progress it past the lifting of the stay. - you cant blame them for trying

I agree with you. I think it looks as though the court have messed up here if all that I'm being told by them is true. I'm just glad I rang the court when I received the notification from Northampton.

 

Makes me wonder how many Summary Judgements have got through this way.

 

Like you say, you can't blame Optima for trying but on the other hand it still doesn't make me like them :D

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emandcole

emandcole

Posted
Posted
Just a thought but should I be sending a copy of what I've submitted to my local county court today to Optima as well?

 

It won't hurt to do so. They are not blameless in this as they know they have not responded and do not have the right to benefit from the SJ. If you send it use recorded as it will act as a reminder to them and perhaps be useful to you in the future.

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Peedee123

Peedee123

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It won't hurt to do so. They are not blameless in this as they know they have not responded and do not have the right to benefit from the SJ. If you send it use recorded as it will act as a reminder to them and perhaps be useful to you in the future.

Thanks - I'll get it sent today by special delivery :eek:

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GeoffreyAlby

GeoffreyAlby

Posted
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How much is the fee that Optima would have to pay the court to apply for a judge to lift the stay?

 

It seems there are several Optima cases where the case has been stayed but Optima seem to have bypassed getting a stay lifted and the defendant out of the blue receives a letter from local court regarding SJ hearing, something doesnt seem right.

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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emandcole

emandcole

Posted
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How much is the fee that Optima would have to pay the court to apply for a judge to lift the stay?

 

It seems there are several Optima cases where the case has been stayed but Optima seem to have bypassed getting a stay lifted and the defendant out of the blue receives a letter from local court regarding SJ hearing, something doesnt seem right.

 

You're quite right, working on another Optima case and they certainly are fans of the sneaky sneaky. Its a pretty low type of legal practice if you ask me, they must go home at night feeling pretty proud of their days efforts :(

 

They're also chucking the Amex v Brandon case about like some sword of righteousness and attempting to mislead the less informed and less capable judges that a default notice doesn't matter if it's short on time.

 

Pretty funny I think, as by using such a case in support of an SJ they are as good as admitting the default notice they rely on to initiate litigation is indeed invalid.

 

Bit of an own goal there, just need to ensure the SJ application is robustly denied and point out that this case is subject to high court appeal (far as I know at least).

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Fluffystuff

Fluffystuff

Posted
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Bit of an own goal there, just need to ensure the SJ application is robustly denied and point out that this case is subject to high court appeal (far as I know at least).

 

An application has been lodged at the Court of Appeal but permission has yet to be granted. Fingers crossed that somebody sees sense!8-)

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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diddydicky

diddydicky

Posted
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and until which time (unfortuneately) the decision in brandon holds sway!, where there is a seperate termination clause,

 

one wonders what the court will say about 13 days 12 days 10 days or get back to the original 7 days without the consent of parliament!!

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Fluffystuff

Fluffystuff

Posted
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and until which time (unfortuneately) the decision in brandon holds sway!, where there is a seperate termination clause,

 

 

 

Desperate times for those wholly reliant on defective d/n, but, a 'fair' DJ 'should' permit a stay pending the outcome of the application/appeal - shouldn't he?

:(

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Peedee123

Peedee123

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It seems there are several Optima cases where the case has been stayed but Optima seem to have bypassed getting a stay lifted and the defendant out of the blue receives a letter from local court regarding SJ hearing, something doesnt seem right.

 

How are Optima managing to bypass the system? Surely once can be an error but if there are a few cases you are aware of then something must be seriously wrong with the process?

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diddydicky

diddydicky

Posted
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Desperate times for those wholly reliant on defective d/n, but, a 'fair' DJ 'should' permit a stay pending the outcome of the application/appeal - shouldn't he?

:(

 

it will be a bit difficult until such time as an appeal is actually lodged- the sooner the better

 

so best policy to to drag out any proceedings for as long as possible in the meantime

 

of course remember that that particular agreement had a separate termination clause in it- not all do

 

and it would be interesting to see if the same argument would be made for 12 or less days

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Series3

Series3

Posted
Posted

mi case with optima will be updated as soon as I have scanned the docs in.

Mine will be at court for a SJ on the 20th of this month.

they sent me a copy of the Amex v Brandon case too.

If my advice helped you please click my star

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Peedee123

Peedee123

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mi case with optima will be updated as soon as I have scanned the docs in.

Mine will be at court for a SJ on the 20th of this month.

they sent me a copy of the Amex v Brandon case too.

 

Ah there you are Series3! I thought everything had been resolved as you have been so quiet. Can't believe they have gone for summary judgement on your case as well!

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Peedee123

Peedee123

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How are Optima managing to bypass the system? Surely once can be an error but if there are a few cases you are aware of then something must be seriously wrong with the process?

 

Does anyone know how they are able to do this?

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Peedee123

Peedee123

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UPDATE - Just rang my local county court and was told that my case was put before the Judge yesterday! They couldn't confirm if my email was attached to the file which the Judge saw but when I explained what had happened the Clerk was incredulous. He couldn't understand how it had got so far without MBNA/Optima either responding or applying for the stay to be lifted. He asked me to send the email again marking it for his attention and he would look into the situation for me. Fingers crossed!!!

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Series3

Series3

Posted
Posted

Had a little fall out with virgin media over a bill...lol

they cut me off, tv, phones and internet conection.

after a few months of calls and letters I got refunded and put back to normal.

all because of an indian call center..thanks to truecall i had recorded it all.

anyway, I'll be updating and asking for help to respond later today.

Hope all goes well with your case Peedee

 

 

series 3

If my advice helped you please click my star

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emandcole

emandcole

Posted
Posted
An application has been lodged at the Court of Appeal but permission has yet to be granted. Fingers crossed that somebody sees sense!8-)

 

Thanks for confirming that Fluffy :)

 

and until which time (unfortuneately) the decision in brandon holds sway!, where there is a seperate termination clause

 

DD, can you elaborate on the termination clause at all? Is this a specific 'we will terminate the agreement' stated as one of the options the creditor reserved in the event that the payment demanded on the DN was not made?

 

Not understanding this as surely that is only an option once the 14 days has been given? A touch confused ;)

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GeoffreyAlby

GeoffreyAlby

Posted
Posted
UPDATE - Just rang my local county court and was told that my case was put before the Judge yesterday! They couldn't confirm if my email was attached to the file which the Judge saw but when I explained what had happened the Clerk was incredulous. He couldn't understand how it had got so far without MBNA/Optima either responding or applying for the stay to be lifted. He asked me to send the email again marking it for his attention and he would look into the situation for me. Fingers crossed!!!

 

 

This is very disturbing. The second case this week I know of where the Court dont seem to be aware of proceedings, and are taken by surprise and dont know how it happened that a case comes before a Judge without Optima having applied to a judge for a stay to be lifted. How are Optima getting these SJs before a judge without first having to apply to a Judge to have a stay lifted.

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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