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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
      Parcel 2 go / Evri painting stolen and sold on @John_Pye Auctions site

      By BankFodder · Posted

      By not sticking to the deadline which you set you have lost credibility. Your letter of claim becomes one of hundreds of others which they receive and which they put in the bin because they think that you are just bluffing.  
    • JumperLoose
      Can't Find Old Work Pension.

      By JumperLoose · Posted

      05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
    • Strawberry_candy33
      Cabot and old Aqua card debt - keep wanting me to increase payments now letter of claim

      By Strawberry_candy33 · Posted

      One email received from Moorcroft.  Reporter as spam. 
    • Complete Misfit
      Parcel 2 go / Evri painting stolen and sold on @John_Pye Auctions site

      By Complete Misfit · Posted

      Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • whitelist
      JCI and Virgin Mobile Phone Contract debt

      By whitelist · Posted

      Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin

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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.

Darren vs Bank of Scotland. ** WON **

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elsinore

elsinore

Posted
Posted

Saw your post on Runner's thread and hagenuk's response.

 

The HCEO's will add their whopping fees to the claim amount, so you might derive a bit of pleasure from the lnowledge that BOS will have to fork out even more!:D

 

Elsinore

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elsinore

elsinore

Posted
Posted

AFAIK that is the case, although I'm not completely certain. I suggest you ring Bournemouth County Court who should be able to tell you which Court it will be transferred to. Then you should be able to ascertain the name and number of the HCEO for that Court, who will then confirm the fees and charges arrangements

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elsinore

elsinore

Posted
Posted

This claimant phoned and opened a can of worms!

 

http://www.consumeractiongroup.co.uk/forum/citicards/50694-citycards-trying-every-trick.html

 

If you are not desperate for the money, I think it would be better to wait to see what happens after the bailiff's action.

 

But it's your call!:)

 

Elsinore

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elsinore

elsinore

Posted
Posted

From HMCS website:-

 

You can ask the county court bailiff to try to get back any amount up to £5,000. (This does not apply if you are enforcing an agreement regulated under the Consumer Credit Act 1974. These agreements can only be enforced in county courts.) You cannot ask the county court to issue a warrant for more than this, but you can transfer your judgment to the High Court. You can then ask the sheriff's officer to enforce the judgment.

 

If you decide to issue a warrant in the High Court, you will need a 'certificate of judgment'. This has details of your case and says how much you are owed. To request this you need form N293a, a 'combined certificate of judgment to enforce the judgment by a writ of fi fa' (fi fa is the name for a warrant in the High Court). You can get Form N293a (PDF 233Kb) from this website or from any county court office. When you get form N293a, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:

 

 

  • the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and
  • the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.

Please read the notes on both sides of the form.

High Court procedure is different from county courts and can be complicated and more expensive. You may want to get advice from a solicitor, law centre or Citizens Advice Bureau before you start this procedure. Some county courts are also district registries of the High Court. Staff there or at the High Court in London can tell you more about sheriffs.

 

Elsinore

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elsinore

elsinore

Posted
Posted

I've just read form N293A and it appears to me to be the right one.

 

However, I know nothing of the procedure and there are some terms which I don't undertand.

 

I would certainly be wanting some confirmation that this method is correct before committing myself.

 

I sugggest you PM Zooman and ask him to explain/advise.

 

Elsinore

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elsinore

elsinore

Posted
Posted

You say there is a second copy of the judgement on thr way to BoS. Is this going from the court and, if so, do you know for sure that it has been sent?

 

I would fax/ email a copy myself, having first obtained a contact name. Send with it a message that they have until Friday to respond positively, or you will proceed with the warrant of execution. Check with your contact that s/he has received the copy and is dealing with it.

 

Giving them a couple of days, means that you retain the moral high ground, but if you give them a deadline you must stick to it.

 

You might want to draw your contact’s attention to the ridicule visited on RBoS in Camden Town when the bailiffs went in last week!

 

Elsinore

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