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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.

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      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.

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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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Jacobs are chasing us for council tax arrears, there are 2 bills outstanding. I have read a number of your threads and understand that we must not let them gain entry into the house. After they left the first letter I phoned the bailiff to make an arrangement which he agreed to but said he needed to come to the house for me to sign papers. I made it clear to him that I would not sign anything and he would not be entering my house, he then refused to make the arrangement.

I wrote a letter to his firm of bailiffs who replied they could not deal with me as I had to speak to the bailiff who attended my home. The council do not want to know although I have continued to pay the amount offered to the council by online payments.

This morning when leaving for work there was another notice left in the porch, the bailiff had levied on my husbands van the notice says he attended at 7.30am.He did not knock on the door or try to speak to us.

I understand that he cannot levy on the van because it is used for my husbands work, I phoned Jacobs who agreed that he cannot levy on the van, I asked if they wouyld tell their bailiff this but was told he already knows?? My worry is that he has given us 5 days to pay,which we cannot do, the debt or he will take van. As bailiffs have history of doing all the things they are not supposed to I am really worried.

Any advice please?

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I too have just had a letter from the lovely Jacobs. At the bottom it stipulates that any arrangement to pay in installments is made subject to a bailiff calling to my property and completing paperwork (which incurs a fee). The relevant paperwork involving pricing up my possessions. Can they do this? Do I have to let them in to make an installment plan and why do I have to pay for the pleasure of setting up a plan to pay them.

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I took advice from NationalDebtline and was told NO you don't have to let them in and indeed you shouldn't. Apparently this is a new tactic of Jacobs. I'm sure somebody who knows a lot more about this will be along shortly to answer both our queries.

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I too have just had a letter from the lovely Jacobs. At the bottom it stipulates that any arrangement to pay in installments is made subject to a bailiff calling to my property and completing paperwork (which incurs a fee). The relevant paperwork involving pricing up my possessions. Can they do this? Do I have to let them in to make an installment plan and why do I have to pay for the pleasure of setting up a plan to pay them.

 

Hi Welcome to our world, if you start a new thread you will get a better targetted response, here's the link

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT

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With more and more people becoming "streetwise" to how to handle bailiffs (thanks to CAG and other groups) the easiest target is the a vehicle.

For the nvehicle to have been levied you should have been given a Notice of Seizure of Goods and also an inventory of the goods seized.

Check the inventory very carefully against the vehicle. - In my case they got the colour, registrationn AND the tax disc serial number wrong, making it invalid and illegal.

Is the van sign written? Apart from bailiffs having goldfish memories and selective hearing their eyesight is not too good either.

In the meantime pay the CT online regardless and ignore the bailiff totally.

OK own up, who swapped the A and I on my keyboard ? :D

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DEALING WITH BAILIFFS ON YOUR DOORSTEP

1. ALWAYS! Keep your door LOCKED SHUT at all times. NEVER open the door to a bailiff - speak to him through a window or the letterbox

2. ALWAYS! Hide your car - in the garage or park it well away

3. ALWAYS! Take photographs of the bailiff and his vehicle, even better use a camcorder and video-record EVERYTHING

4. ALWAYS! Speak as LITTLE AS POSSIBLE and let the bailiff do the talking

5. ALWAYS! Ask for his bailiff's certificate number

6. ALWAYS! Ask which court issued his certificate

7. ALWAYS! Ask for a full breakdown of his fees IN WRITING

8. ALWAYS! Ask who the creditor is (if you don't know)

9. ALWAYS! Pay using a credit card, avoid cash and debit cards if possible

10. ALWAYS! If you have grounds, get an appeal lodged immediately (parking tickets) - it stops enforcement

 

1. NEVER! Sign any documents handed to you by a bailiff

2. NEVER! Phone a bailiff (unless asking him which Court issued his certificate)

3. NEVER! Admit any debt

4. NEVER! Say or "confirm" your name address or date of birth

 

this is very good advice originally posted by Happy Contrails

 

There is no law that staes you have to speak to or deal with a Bailiff. They are invariably liars, cheats & bullies and will try their best to intimidate you. They will threaten all sorts - prison, locksmiths, police etc. It's all a load of bull. He doesn't need to use the phone, water for tablets or any other myriad of excuses he thinks up. There is of course an old 2 word Anglo Saxon word that he can be told to do. If you owe Council Tax, check with the Council how much etc - they'll refuse to take it back but you can always pay them direct online - mind you may have to budget in some Bailiff fees you incur and as long as you deny him the chance to levy/seize your goods then this will be capped at £42-50, no matter how many times he calls. If your car is outside move it NOW to a good 10 minute walk away - if it's still on finance you could argue any levy made by providing proof of finance.

 

If he gains entry he will make a list of your possessions, there are some he can't seize but some of these numpties are so thick they list them anyway, then cry when they realise they've cocked it all up.

 

PT

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Well bailiff called today, I would not let him in so he would not make arrangement, he admitted he could not take van but said he wasn't really interested in it as he a had charged walking possession fee anyway?? He said next step would be enforcement bailiff who would remove my possessions. I am going to continue to pay as much as I can. Any comments please.

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He cant charge a walking possession fee if he has not made a levy on your goods. Also no enforcement can be made on your goods without a levy plus they have to get in first and cannot do that unless they gain peaceful entry. I dont suppose you are going to let that happen now are you ;) Pay what you can to the council via their online payment facility, email them and explain that this is what you are preparing to do until they take back the debt from the bailiffs.

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