Jump to content


  • Tweets

  • Posts

    • Get a 2nd opinion ASAP. Dealerships are notorious for saying that cars need brakes/tyres when they don't. Take it to someone completely independent and get their opinion.
    • nothing to do with any warranty. consumer rights act or contract law claim. dx
    • Thank you for the response; I'm very grateful for the help and i'm open to all feedback. I'm afraid I don't understand what is meant by properly declared and valued? On the Evri app, when completing the process of sending a parcel, I did declare that I was sending a 'watch' and gave the full value of the watch (£429.99). I'm not an online seller if that helps. The parcel contained my own personal watch; a Garmin which cost £474.99 (inclusive of 'protect plus insurance' from John Lewis of £45). The £45 Protect Plus insurance from John Lewis covers the Garmin watch, and as they have lost it, it is no longer valid. So i'm adding that to the total claim.  It was a birthday gift bought for me this Jan/Feb by my partner.    Re: understanding of Parcel delivery insurance; "Part 1 Chapter 4 of the Consumer Rights Act 2015 means I have a legal right to expect that any service I’ve paid for should be carried out with reasonable care and skill". So I understood from this that I have rights under the Consumer Rights Act 2015 that protect me, regardless of not choosing to purchase their insurance protection.        
    • HI all, I work for a company who offers a review service for large companies, whereby customers can review products and/or services and the reviews appear on the companies own site My job, along with roughly 10 others, is to moderate those reviews. We're all on a zero hours contract, we do work as and when it's available. The way the system works is for every 120 reviews we moderate, we get paid the equivalent of the basic minimum wage, so £11.44 per 120 reviews. If this were a steady supply of reviews, it could be a decent income, but it's not, so you end up spending a lot of time doing nothing and not being paid for it, such is life For the last 3 months or so they've had an issue whereby a lot of reviews were duplicated up to 15 times and we were told to moderate those as we would normal reviews, You can imagine how many reviews we've been having to moderate, my moderated review count was probably around 4x the number I normally do, almost throughout the entirety of June this was going on for. being quite excited about the prospect of a boost in income, to me and other mods surprise and shock, we're not being paid for all those extra hours and work done, for the past 3 months when the issue started.. We're only being paid for the non duplicate reviews, plus 5% on top. In my case, instead of receiving around £1500ish for the month of June, I'm only receiving around £500 I mean, I get it, marking each of these duplicates was very quick/easy, as it was a repeat decision from the previous 14, but to let us do all that work and not pay us for it?
    • That's good news, well done. From  memory, self-employed people didn't pay into SERPS, it was for employees. And I believe SERPS stopped in 2002, being replaced by S2P. HB
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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

Charging Order after Set Aside application


sausagepie
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4642 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I wonder if anyone can answer a quick question about the court process?

 

A friend of mine owned a business which he sold 2 years ago. He had a contract with one of the service suppliers which said he would be personally responsible if the company didn't pay. It's a long story but my friend thought that the contract was ended.

 

He's not heard anything from then for a number of years.

 

Earlier this year they issued court proceedings against him and his old company and addressed it to his old company so he didn't get any of the paperwork. The company had his personal address as it was on the contract but they didn't contact him there.

 

They applied for a judgement in default which was granted on 19th May. The old company sent the judgement to my firend and he received it around 23rd May and immediately made an application to set aside. In the meantime, the old company also made an application to set aside on the basis that they weren't party to the contract. On their application it states that they were contacted by the claimant on 9th april and they told them that they were nothing to do with my friend and to issue the summons against him only and they gave them my friends address.

 

The claimant never contacted my friend, didn't change the court summons details, etc but just went ahead and got the judgement in default even though they knew they had the wrong address.

 

Anyway, my friend applied for the set aside around 25th may and had a date set for hearing on 28th oct. In the meantime, the claimant applied for an interim charging order in july and it was awarded to them.

 

My questions are:-

1. Is there any 'contempt of court' or anything like that if the claimant went ahead with applying for judgement when they knew that my firend could not have received the paperwork? If so, can someone point me to the rights rules or regulations?

2. Is there any rules about charging orders? I can't see how they could apply for a charging order when a set aside application was waiting to be heard?

 

Thanks

Link to post
Share on other sites

This will all depend on the agreement and the nature of the personal guarantee given by your friend – There isn’t enough information in your post to help.

Both the Company and your friend could be liable for the debt and the Claimant can serve at the place of business.

What was the date that the ICO was granted?

What happened at the set aside hearing the other day?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...