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    • @BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place.  I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on.  When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well.
    • @dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there.
    • I have checked. No recording was triggered by the camera - I don't have loop recording, only proximity and vibration sensor triggered recording - abs and since he took photos from afar and did not physically touch my car - no recording was done. 
    • He also useing he girlfriend to phone and mesage people as well
    • No TIC sheet with journeys history as I can see within the letter pack. Should there be one? Maybe they didn't look into it thoroughly?  No other pleading letter, only the one from above.
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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. 
       

      Many thanks 
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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
        • Like

tonyross v Lloyds - SETTLED IN FULL


tonyross
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I have received the allocation questionaire.In section A it asks if I want to request a stay for a month to allow for negotiation.I have sent an e-mail to Martineau Johnson but it seems Ms Leeson is away nutil june 6, I have to return the questionaire by june 12 is it worthwhile waiting or not.Advice please

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NO - you've already given a month (2 letters x 14 days each) so don't use that option.

 

Hopefully by the end of today there will be a help page for the Alocation Questionnaire in our FAQ section. Check back tomorrow...

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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CONGRATULATIONS

 

Please help us by completing the SURVEY when you have a moment, it only takes a minute.

 

Have you considered a donation to the site? It's the only way we can stay open!

 

Well done...

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Just to let everyone know whats happening Lloyds have promised to credit my account on 13/06/06 which just happens to be the day after the Allocation Questionnaire must be handed in to Court.There is no way I can trust them so it looks like it will be going all the way.

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I know it shouldn't come as any kind of surprise but that looks like absolutely disgraceful behaviour to me - if they are serious there's nothing to stop them paying you immediately. We're seeing them in their true light now. Take 'em all the way tonyross :evil:

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Swines.....

 

Tony, I would phone them to let them know that if the money does not appear in 48 hours, you will proceed with the Allocation Questionnaire and it will add £100 to the court costs.

 

It might be enough for them to sort this out promptly

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Jonni's quite right, crack the whip, let them see you can outsmart them at each step. If they wanted, you could have the money within 2 hours, ffs.

 

And if THAT's no abuse of court process, I wonder what is. :mad: :mad: :mad:

 

.

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They could refund immediately if they wanted to- sounds like they are giving you the run around , well done for standing your ground. I'll be watching with interest!

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."- Margret Mead

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I wouldn't worry about it if the offer to settle is in writing. If you accepted then they are bound.

 

I would submit the allocation q without the fee. The court will just write to you and ask for it, giving a time limt by when it must be paid. Then you will have time to see if the payment is received in the bank.

 

Hope this helps :)

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As I said I would give them till close of business went to ATM after work and there it was all £4885 I have never felt so elated (apart from my wedding day and birth of two kids,that ok dear?).As I have said in another thread because of my past credit history I only have a ATM card and a cheque book so the only way I can make a donation is by cheque,has a account been opened in the name of CAG and where do I send it?

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As I have said in another thread because of my past credit history I only have a ATM card and a cheque book so the only way I can make a donation is by cheque,has a account been opened in the name of CAG and where do I send it?

 

Congratulations tonyross, I hope you can hear us all cheering!!

 

I am in a similar position as you accountwise, but I don't even have a chequebook.

 

I opened a Paypal account online on Monday, linked to my bank account, fully expecting my bank to scotch it (paranoia!). To my amazement it has gone through and I can now make a donation. Of course it will be useful for other things too, like spending my refund of charges when I get it!!

 

Onwards and upwards

 

Elsinore

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CONGRATULATIONS

 

Wel done indeed, a great result.

 

Don't forget to fill out our SURVEY - it only takes a minute.

 

If you send a PM to BankFodder letting him know you need to pay by alternative methods, I'm sure that he can advise...

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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No

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Congratulations!!!!!!!!!

 

I've just received the defence and allocation papers and I'm wondering about following the same path as you... ie contacting them to give them the opportunity to save a further £100 costs.

 

Would you mind letting me know who you contacted and what your wording was as I'm a bit unsure on this part.

 

I have asked the question in my own thread but no answers as yet :(

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