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    • Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain. If you're not sure, post up an anonymised copy of the letter and we'll check. HB
    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
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    • 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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Gas leak.. who has to pay??


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Sounds confusing and it is.

I had my boiler checked yesterday (rather late I may add, was due over a month a go) Not my fault as I am renting and had no idea when it was due until service man told me.

He did his checks and found I had 2 gas leaks, one in my kitchen and one outside near the meter. I have on the very odd occasion smelled gas, but as quick as you smell it its gone again and put it down to the boiler as that is where the leak was found, and since november of last year Ive had such a bad cold I doubt whether I could smell it any way.

The leak outside was before the gas meter so I wouldnt be billed for that any way but the other leak was after the meter so I will be billed for the leakage or will I? The leaks were reported to transco and have been fixed (I hope).

now I want to know how I can go about this, do I just pay the next bill as normal and forget about it, or do I ask for a percentage to be taken off my bill, or do I ask my landlord to pay towards a percentage of the bill. This is my first winter here so I cannot gage roughly how much I used from the year before, and it is also not the same supplier that was in charge of the meter a year ago.

Also does any one know the effects of what this leak may have done to my health, I am virtually house bound so would have been constantly breathing in the gas, the other leak was under my bedroom window (ground floor) and sleep with the window open, kitchen is next to living room which is all open plan.

Any help or advise would be greatly received.

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your supplier will bill you for the gas that has gone through the meter and the leak is not their responsibility, this would become a dispute between you and your landlord

Thanks for that nottslad, I had a feeling thats probably what I might have to do. Thats something Im not going to look forward too, already in dispute about another matter. thanks again

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  • 2 weeks later...

As a tenant myself I know that it is the Landlords responsibility/cost to have your boiler serviced every 12 months and provide your the tenant with a copy of the safety certificate.

 

Landlord and tenant obligations : Directgov - Home and community

 

It it also the landlords responsibility to ensure the safety of the devices, unless you have willfully vandalised (which I doubt) the boiler, the cost of repair is down to the landlord.

 

All this is of course unless your contract states otherwise.

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gas is also heavier than air so i doubt your health would suffer.

 

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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