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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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    • unclebulgaria67
      small accident, what to do?

      By unclebulgaria67 · Posted

      Page 33 general conditions  "Your duties You must contact us as soon as reasonably possible and provide all the information,  documents, evidence and help we need to settle your claim or pursue a recovery." Some policy wordings are more specific than others. But even in this policy example, this Insurer may decide not to offer renewal, if they are not informed of a potential claim, if they find out from third party first. It is your risk to take. Do nothing and you may never hear anything further or the third party armed with your registration number makes a claim and your Insurers are contacted. Then your Insurers see you as someone who is careless.  
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Good evening, The court date for this is 3rd June and I've decided I will defend in court. Following some very interesting happenings in my other claim at court the other day (thread will be updated after this one) I am certain I want to defend this not because I'm confident of it's success, but rather I want to experience the day and press on my belief (I know it's only a belief) that a copy of DN and NOA's themselves, is not proof of serving, which MUST have taken place. Much better evidence of serving, would just be proof of postage or signature of recipient with the correct date, even without the letter copies themselves. Their evidence in exhibits is not strict proof. Law of Property Act 196(4) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter........." Isn't a 'registered letter' proof of postage/receipt (signature)? It might not have mileage, but its my first claim and I will be levelled up for experiencing it and trying. Meaning I can make more informed decisions on the numerous others pending within months. including claim #2 Thank you for helping me get this far, I've learned so much already and already making better decisions on accounts I don't have a thread for. I welcome discussion, thanks  
    • puma85
      small accident, what to do?

      By puma85 · Posted

      thats a good point. I've attached the policy but can't see anything about reporting accidents being mandatory. Unless I'm missing something?  this is only the policy document. But I can't see it being in any of the others (list below)?  Schedule & IPBY Shows the details you gave us when you bought your policy. Includes main and additional driver details, add-ons and excesses. Insurance Certificate Proof of your vehicle insurance. It shows who's covered, your vehicle use, and any cover exclusions. Insurance Policy Explains the terms and conditions of your cover. Credit agreement Outlines the terms, payments, and interest of your credit agreement. Important Information Document Outlines fees and charges, how your data is used, and how to ask for documents in different formats. Insurance Product Information Document Details of your cover and exclusions. Direct debit information Details of your Direct Debit, such as your collection, bank details, payment amount and your Direct Debit Guarantee Pre contract credit information Outlines the key features, costs, and legal details of your credit agreement. Adequate Explanations Details of your credit agreement. About our insurance services to you Details about our vehicle insurance, service standards, and regulatory status (and the status of any intermediaries)   insurancepolicy.PDF
    • honeybee13
      Self-driving cars

      By honeybee13 · Posted

      I've never thought they were reliable enough and stories like this just confirm what I thought. Tesla owner says car in ‘full self-driving mode’ failed to detect a moving train WWW.AOL.CO.UK The close-shave in Camden, Ohio, was captured from multiple angles by the car’s cameras  
    • Unique
      Lowell/Overdales - Halifax One Credit Card Debt Claim Form Received

      By Unique · Posted

      Hi,  I had a look through the credit agreement again, despite the signature looking legit I've noticed the below and wondered if they'd work as part of my defence, a)    The document headed ‘Your Personal Details’ has an office stamp which is unreadable. b)    On the above mentioned document under section ‘What to do next’ it states turn to agreement form on page 3 however 2 pages are provided. c)    The above mentioned document is unsigned & dated on behalf of Halifax PLC. d)    Two sets of documents headed ‘Credit Card Agreement Regulated By The Consumer Credit Act 1974’ was received containing dissimilar information. Under Parties to this agreement, both papers contain different name / address of the banking institute as well as Defendants address. This document is not on letter headed paper, the layouts are different, paragraph numbers differ as does the document content. Thanks again for any help.

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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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      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.

Court Hearing on 9/06/10 - Egg/Cabot/Morgan v me - need help!!!

Martel

By Martel
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The Mould

The Mould

Posted
Posted
No......but am I approaching entitlement to membership???

 

MX

 

 

Oh definately Martel, how good are you at howling?

 

Just a little light hearted fun to take the stress and strains away.

 

Kind Regards

 

The Mould

 

PS. I need to have a cup of tea and a smoke, back in 10 mins

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The Mould

The Mould

Posted
Posted

By the way Martel,

 

In that new shiny bundle that Morgan robots sent you today, what explaination do they give regarding the different numbers?

 

Do they say this is 'Charge off' account No's?

 

Kind Regards

 

The Mould

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The Mould

The Mould

Posted
Posted

OK Martel,

 

Hopefully catch you up on Sunday or Monday.

 

WMW, another top drawer loader from you, great work, it looks as though Martel has logged off to watch the filum, or maybe he/she is getting some howling practice in.

 

I love the way those soldiers talk to the warewolves.

 

Kind Regards

 

The Mould

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Martel

Martel

Posted
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Posted
By the way Martel,

 

In that new shiny bundle that Morgan robots sent you today, what explaination do they give regarding the different numbers?

 

Do they say this is 'Charge off' account No's?

 

Kind Regards

 

The Mould

 

Oh, we don't wait for midnight......we howl all day long here!!

 

Here's from their WS:

 

'For the sake of clarification, Cabot Europe has allocated reference number XXXX to the account. This reference number appears on some documents and correspondence in relation to the Defendant's account in this matter'.

 

Yeah, right - it's written by hand on some of their internal documents but not ones sent to me!! But it's used on their POCs....

 

Good night and thank you to all.....MXXX

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Martel

Martel

Posted
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Cym!

 

Thanks for this! I did quote Wilson in my Defence but not this bit...definitely going into my WS.

 

MXXX

 

With credit to Tonster, here is the quote:

 

In the Wilson case the judge said:

 

“ In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the Court can identify within the four corners of the Agreement. Those minimum provisions combined with the requirement under s61 that all the terms should be in a single document, and backed up by the provisions of s127(3), ensure that these core terms are expressly set out in the Agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis- stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them.

 

The court is therefore barred from issuing an enforcement order under the Consumer Credit Act 1974, in accordance with sections 65 and 127(3) as it then was, and the claimant’s claim must fail.

 

So the T&C's are almost an irrelevance as the prescribed terms cannot be in the T&C's they need to be in the signature document which they clearly aren't."

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gh2008

gh2008

Posted
Posted

*PLEASE* before relying on that be aware of Waksman's ruling on Issue 5 in the 'Carey' case

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gh2008

gh2008

Posted
Posted
Well hello there, there is no right to cancel on the agreement which automatically means the court cannot enforce, sections 64 (1) and 127 (4)(b) of the Consumer Credit Act 1974.

 

I dont know all of the details but if they have not complied with that essential piece of info then its game over, no need for all of the defence above.

 

Hope this is of help

 

KWS, WMW ;)

 

What makes this a cancellable agreement?

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Martel

Martel

Posted
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*PLEASE* before relying on that be aware of Waksman's ruling on Issue 5 in the 'Carey' case

 

Hi GH,

 

My head is swimming after trying to penetrate the 'Carey' case.

 

Mine is not a reconstituted agreement but a copy of the original (that's not deemed 'reconstituted', is it?). I understand about references to T&Cs made on the doc, the fact it can be on a number of pages. However, it still maintains the a right to cancel is a prescribed term (doesn't it?) and that is missing from my 'agreement'.

 

So, does 'Carey' trump 'Wilson'? And, indeed, 'Dimond v Lovell'?

 

MX

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Martel

Martel

Posted
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Martel,

 

Are you going to speak with your opponents before the hearing?

 

Kind Regards

 

The Mould

 

Hi Mould,

 

I'm not convinced there's any point. Am brewing up another plan. Watch this space!

 

MC

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gh2008

gh2008

Posted
Posted

Issue 5 was nothing to do with reconstituted documents ????

 

Issue 5 was about what 'a document' was, what 'within all 4 corners' meant and clarified 'embody'

 

It does not 'trump' the others it clearly states what is and isn't acceptable in Law.

 

Paras 171-181 are the ones you need to read.

 

By this (and questioning whether this is a cancellable agreement) I am merely trying to reinforce how unprepared you are for a Fast Track trial - especially as you have no Witness Statement or any Bundle of documents to rely on.

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

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Martel

Martel

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Issue 5 was nothing to do with reconstituted documents ????

 

Issue 5 was about what 'a document' was, what 'within all 4 corners' meant and clarified 'embody'

 

It does not 'trump' the others it clearly states what is and isn't acceptable in Law.

 

Paras 171-181 are the ones you need to read.

 

By this (and questioning whether this is a cancellable agreement) I am merely trying to reinforce how unprepared you are for a Fast Track trial - especially as you have no Witness Statement or any Bundle of documents to rely on.

 

I've read the paras. Is there any significance to 177.4, stating Carey signed first and the bank countersigned? Mine is the other way around.

 

Mx

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gh2008

gh2008

Posted
Posted
I've read the paras. Is there any significance to 177.4, stating Carey signed first and the bank countersigned? Mine is the other way around.

 

Mx

 

I *think* it just means that they don't have to send an additional copy as that already is the unexecuted agreement which becomes executed upon your signature.

 

In Carey the original form was an application, then the creditor should send back an unexecuted copy and then a copy of the executed (which is normally sent with the 'card carrier')

If you find my advice helpful - please click on my scales

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citizenB

citizenB

Posted
Posted

 

CPR 3.1.2

PART 3 - THE COURT’S CASE MANAGEMENT POWERS - Ministry of Justice

 

CPR 3.1(2)(b) gives the Court the power to adjourn a hearing. When exercising that power, the Court must consider the overriding objective of the CPR to deal with cases justly

 

in Fitzroy Robinson Limited v Mentmore Towers Limited and others [2009] EWHC 3070

 

 

Coulson J identified the following factors which the Court should take into account when considering an application to adjourn a trial at the eleventh hour:

  • The parties' conduct and the reason for the delays; The extent to which the consequences of the delays can be overcome before the trial;
  • The extent to which a fair trial may have been jeopardised by the delays;
  • Specific matters affecting the trial, such as illness of a critical witness; The
  • consequences of an adjournment for the Claimant, the Defendant and the Court.

 

Get on the phone to the other side - they *must* advise you as you are a LiP.

 

Ouch, IMHO I think you should be contacting the opposition. If you stay focussed on the objective just advise that you have been let down by your solicitor. Would they be agreeable to an extension of time in order for you to find new counsel or prepare your papework.

 

I would imagine if they didnt agree, then you could make an application to the court directly.. probably by N244, this would of course cost you. I think £40. without a hearing and £75. with.

 

I will hit the S.O.S button and flag your thread for the site team.

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Martel

Martel

Posted
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Hi CB,

 

Great to hear from you!! I am waiting to hear from Morgan's if they will consent to a postponement. If I don't hear by the end of today, I will file the N244 tomorrow (have a letter from my ex sols). Ir will be cutting it fine but what else can I do?

 

Thanks for your input!

 

MX

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gh2008

gh2008

Posted
Posted

That's fine 8) Phew :-)

 

If they refuse and the Court grants it (which I am pretty sure they will) then the other side could even be responsible for your costs in this part of the action. Main point is they can't get you for a few £k for Counsel turning up on the day

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

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The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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citizenB

citizenB

Posted
Posted
Hi CB,

 

Great to hear from you!! I am waiting to hear from Morgan's if they will consent to a postponement. If I don't hear by the end of today, I will file the N244 tomorrow (have a letter from my ex sols). Ir will be cutting it fine but what else can I do?

 

Thanks for your input!

 

MX

 

 

Excellent. Once you know where you are with time, then you can start to work on getting your paperwork together.

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

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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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foolishgirl

foolishgirl

Posted
Posted
I will file the N244tomorrow (have a letter from my ex sols)

 

Glad to hear you got the letter safely martel.

 

If you have to file an app, I would turn up at court on Weds anyway just in case it hasn't hit your file. You don't want them to obtain judgment by default in your absence due to admin error ;)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Martel

Martel

Posted
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That's fine 8) Phew :-)

 

If they refuse and the Court grants it (which I am pretty sure they will) then the other side could even be responsible for your costs in this part of the action. Main point is they can't get you for a few £k for Counsel turning up on the day

 

Ah, GH,

 

You see, I AM paying attention!

 

There's still the all too real risk of Morgan's NOT complying (I've asked for an adjournment on another hearing as well, next Monday - I have a new thread for that that begins 'Another Court Hearing' if you're interested). And, of course, the DJ could dismiss my N244 and insist on the hearing...

 

So, I'm still in front of the firing squad, just haven't been shot yet!!

 

Thanks for you support....

 

MX

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Martel

Martel

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Excellent. Once you know where you are with time, then you can start to work on getting your paperwork together.

 

Yes, then the fun begins!! Fingers crossed and thanks for your help, MX

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Martel

Martel

Posted
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Glad to hear you got the letter safely martel.

 

If you have to file an app, I would turn up at court on Weds anyway just in case it hasn't hit your file. You don't want them to obtain judgment by default in your absence due to admin error ;)

 

I haven't sent my sol's letter to Morgan's with my request for a adjournment - is it necessary to do so?

 

If I have to file tomorrow, I will go to the court myself and mark it all sorts of URGENT. And, of course, pitch up on Weds just to be safe.

 

Thanks, FG!!!!

 

MX

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Martel

Martel

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So......got a letter from Morgan's just now willing to consent but wanting me to sign a consent to liability to their costs incurred on preparing for the hearings. They will forward these Consent Orders to the Court with the appropriate fee for their consideration

 

Two such orders are enclosed.

 

Where I come from, this is known as blackmail! Is this common?

 

MX

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