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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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    • BankFodder
      Evri lost 2 parcels approx. £600 (part 2)

      By BankFodder · Posted

      Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • jmxo
      Evri lost 2 parcels approx. £600 (part 2)

      By jmxo · Posted

      Ok! Do you still want me to work on that letter you discussed above in post #26?
    • lookinforinfo
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By lookinforinfo · Posted

      Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
    • dx100uk
      EON trying to take payment after a year... should I pay?

      By dx100uk · Posted

      opps this is going to get messy then if they don't refund. you should never keep util accounts in credit.
    • singleton
      Shock reveal BPA/IPC joint parking code. RAC flabbergasted, pensioner launches petition.

      By singleton · Posted

      https://www.rac.co.uk/drive/news/motoring-news/new-private-parking-code-to-launch-in-the-uk-later-this-year/ The newly created gov petition 'Immediately Reintroduce Private Parking Code of Practice' is from Stanley Luckhurst, the 85-year-old old Excel Parking took to court. Excel lost the case and the pensioner's been campaigning for regulation of PPCs since this unpleasant experience. https://www.bucksfreepress.co.uk/news/24085471.gerrards-cross-pensioner-takes-nightmarish-private-parking/ I would urge anyone on this forum who supports the petition statement "We believe the private parking industry is trending toward anarchy and must be brought to order by re-launching the Government Code immediately" to sign and share it. 168 signings at 4pm today https://petition.parliament.uk/petitions/660922 If the gov new parking code is not launched before parliament dissolves (for the general election) then the legislation is at great risk of being shelved. And we'll be stuck with ATAs new joint code which does not address motorists issues such as a cap on parking charges, debt recovery or an independent appeal process.  https://www.parliament.uk/site-information/glossary/wash-up/

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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.

Creditor objected to the instalment order

inabind

By inabind
in Financial Legal Issues

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inabind

inabind

Posted
  • Author
Posted

i have been thinking of getting a saturday job because if i can increase my payments to £100 per month, i should clear the debt in 4 years.

 

i thought i can only get the charging order set aside when i have paid off the ccj. is that the case?

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Ganymede

Ganymede

Posted
Posted
i have been thinking of getting a saturday job because if i can increase my payments to £100 per month, i should clear the debt in 4 years.

 

i thought i can only get the charging order set aside when i have paid off the ccj. is that the case?

 

 

 

No, you will need to set aside the judgment and remove the charging order at the same time.

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Ganymede

Ganymede

Posted
Posted
Looks like I'm wrong. This is what sequenci of the site team has to say on the subject.

 

Quote:

Originally Posted by meursault22 viewpost.gif

The Tribunals, Courts and Enforcement Act 2007 removes this restriction and enables access to charging orders in circumstances where a debtor is not yet in arrears with an installment order."

 

This didn't become law, it was removed from the act in the end :-)

__________________

 

 

 

I was also under the impression that this did not become law?

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rhodium78

rhodium78

Posted
Posted

Hey ganymede, after much digging, we concluded in a different thread unfortunately and not this one, that it was present in the act, it just wasn't made active unfortunately.

 

ATF, file the witness statement today with the Court!

 

Ok, so you are a few days short ;) but fax the W/S to the other side as well so they are aware of it. Don't forget your statement of truth.

 

Worst comes to worst, you get belittled and the w/s is not accepted, but the best scenario is that it is accepted.

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  • 5 months later...
thinkb4

thinkb4

Posted
Posted

I Know this is an old post but still valid.

I had a similar issue so i did some research. I think we may have had the same district judge from the south of England. In fact in 99.9% of the cases this judge awards charging orders regardless of the details of the case and it normally only takes him 10minutes.

He has been made known to the Ministry of Justice. Unfortunately their is nothing you can do about his decision but pay back the ammount owed to discharge the order. I would write to the ministry of justice any way. Only if enough people speak up will this end.Alternatively any one who gets Judge James may as well pack their bags and go live in the streets.

Sorry for the bad news.:mad2:

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  • 9 months later...
inabind

inabind

Posted
  • Author
Posted

I have a CCJ and a charging order on a debt I have. The condition on the CO/CCJ was that I pay £65/month. Unfortunately I lost my job in August and I haven't made a payment since then.

 

This morning I received a letter from the creditor saying that if I didn't pay the debt in full, I would be made bankrupt. As I am back at work now I am getting paid at the end of the month. I can clear the payments I have missed to bring me up to date.

 

My concern is can I still be made bankrupt even if I clear the missed payments? Can I be made bankrupt over a secured debt since the CCJ is subject to a CO? Does the creditor have to go back to court to vary the order before trying any other enforcement options?

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citizenB

citizenB

Posted
Posted

I think the creditor does have to go back to court to enforce the judgment. I will flag your thread for the site team.

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dx100uk

dx100uk

Posted
Posted

watchout for charges

remember

they CANNOT add ANYTHING to the debt listed on the CCJ/CO.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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citizenB

citizenB

Posted
Posted

It has been suggested you ask for a redetermination .. have the amount reassessed again. I dont know how you do this.. so will ask..

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inabind

inabind

Posted
  • Author
Posted

Thanks. I am planning on paying for the 3 months I have missed. Should they still decide to proceed with the bankruptcy petition I will try to argue that the CCJ/CO is up to date. They hold security against the debt.

 

Any help will be greatly appreciated.

 

Something else, according to my calculations the debt should be around £4k but in the letter I received they are asking for just under £7k. Can they add other charges other than interest to the debt? Charges e.g. debt recovery costs?

 

dx100uk said:
watchout for charges

remember

they CANNOT add ANYTHING to the debt listed on the CCJ/CO.

 

dx

 

According to my calculations the debt should be around £4k but in the letter I received they are asking for just under £7k. How do I fight against these extra charges?

 

I would also dispute the figure.

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citizenB

citizenB

Posted
Posted

What was the value of the CCJ ? That is the amount you have been ordered to pay... that is the amount you pay ?

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4: Staying Calm About Debt  Read Here

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

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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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citizenB

citizenB

Posted
Posted
Yes, it's an application to vary the judgement, the fee is £40. However, he might try writing to them first and explaining the situation with his offer to clear the missed payments now he has a job

 

paperclip.png Attached Files

 

.

 

One of the site team has given me the information above for you.

 

HTH.

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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