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    • There is a letter offering  HM Court and Tribunals Mediation by telephone Does anyone use this? Its free
    • Morning guys As Bank suggested, I've now re-worked my POC to include details of my parcel's original loss,  miraculous rediscovery a month later and subsequent delivery, albeit having been opened and the contents removed. Grateful for your thoughts please, as (P2G having gone very quiet) I intend to initiate court proceedings against P2G tomorrow - 1 May. Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant failed to arrange for the safe delivery of the claimant's parcel containing 8 second-hand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and whilst Evri collected the parcel for delivery on 18 March 24 they then ‘misplaced’ it a day later, formally declaring it lost on 27 March. On 16 April they found it and delivered it on 17 April but, at some point before delivery, it had been opened and the contents removed . The defendant refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is also in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80  
    • Odd one this, I recieved 2 notice's for the 18th and 19th April stating that I overstayed on Wigan Robin Retail Park. Permitted Minutes 180. They state I was there 355 minutes on the 18th and 388 minutes on the 19th. Both times I was there around 10 minutes getting my wife a brew from costa after dropping the kids off at school.  On both days I had passed through there a second time around 3pm, again to get a brew then left. Both notices have 2 images each, Entrance and exit.  This is the interesting bit. The Entrance images both timestamped actually clearly show I am exiting the retail park not entering it. And the exiting images they provided show me leaving the carpark after visiting a second time later in the day. In the attachments You'll see all 4 images show that I am exiting, none of them are of me entering. I understand most if not all that see this post won't know the area but if the look at the map link i gave you'll see the road I was on leading up to the main road. g24 ltd 1.pdfg24 ltd 1.pdf GoogleMap view of the road I am on in the entrance images I would have had dashcam footage but I since formatted the memory card. I tried recovery tools but I couldn't get the files back.  
    • An update: I just got another PCN. I get the feeling that someone in the residence is calling OPS, as it's dated for a few mins after I parked. I won't appeal of course. Interestingly, our cleaner was also parked but didn't get a PCN. I asked them why and apparently they're whitelisted. I did ask the MA if they could whitelist me and they said they couldn't. Clearly they decided not to tell the truth. Surely, this would resolve all of the issues entirely i.e. we'd keep non-residents from parking, whilst allowing for residents to park without issue? Also, could OPS now take me to court for both PCNs separately, or could it be one case?    
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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defaulted car loan with The Funding Corps


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Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are. http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

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Little bit of an update...

 

Received a nice letter from TFC today stating they received my SAR last week!! (Interesting as i sent it via recorded delivery around the 7th June!)

 

They are still stalling with the request, asking for identity and stating that...

 

"We have received unsigned letters so we are unable to attempt to identify you by checking your signature, we need drving licence (For name purposes) and or Utility, bank statement showing my name and address"

 

The letter also states that the information (SAR) will be sent within 40 days from receipt of the information they have requested. (Name and signature).

 

So i do believe that the 40 days are now up and using this as a stalling tactic, for reasons not known to me.

 

I have sent them a letter last week stating that they are in no doubt as to who i am considering the letters i have been receiving from them.

 

Are they "allowed" to stall even more considering the P/O was cashed and now that the 40 days are up...?

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I raised the question of the signature on this thread regarding HSBC:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268216-data-controller-hsbc.html

 

Here is a quote form someone:

I complained to the ICO, then got the info (a big box full of about 20,000 bits of toilet roll) within 5 days even though they never had my signature> The ICO upheld my complaint as well.

 

He made a complaint to the ICO about HSBC requesting additional information and a signature, which he didn't send and the ICO upheld his complaint.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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  • 2 weeks later...

And the latest in the saga is...

 

The Data Controller has refused to send out all the information i requested back in June and has stated in a recent letter...

 

We have received your £10 and the information will be sent to the address we have on file. We will not enter further correspondence relating to this matter unless we receive the information we have requested.

(This being a signature to make my identity known and driving licence, passport or utility bill)

 

I sent them a letter with dates of all the letters they have sent me recently, e.g. Final Notice letter, Default £30 letter and one from their collections squad amongst many others, stating that they know full well who i am as they should not be sending out letters like this to an "unknown" address or client.

I know it is being a little stubborn, but they know who i am but seem to be not forthcoming in my request which has gone over the 40 day mark :(

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I raised the question of the signature on this thread regarding HSBC:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268216-data-controller-hsbc.html

 

Here is a quote form someone:

 

 

He made a complaint to the ICO about HSBC requesting additional information and a signature, which he didn't send and the ICO upheld his complaint.

 

i can only say contact the ICO you can phone them direct also the cag have a protected signature at the side of the thread look at that and send a protected signature that will stump hsbs

patrickq1

Make a complaint

 

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