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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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      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.  

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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.

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      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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Old rates debt and baliff charges - wrong name????


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I found out about an old business rates bill form 2005 when I had a partnership with my husband. Its is my maiden name and the baliff Equita has just knocked and said I have 24 hours to find 1,172.66 which is just impossible. Is there anything I can do, please help as I am on DLA and IB and really worried! The original bill was only for 862.66 and one visit its up to 1172.66.

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No-one is replying to my earlier post so I will repeat myself, Equita knocked on my door today for a sum of over #1,100 for a business rates bill from 2005 which was in joint names, my maiden name and my husbands name. My husband cant pay so they want me to pay the lot which I dont have as on benefits. The Court Order is issued in my maiden name and sent to old addresses which is why we knew nothing about it. One letter Birmingham Council sent in September 2011 never reached me so now they are demanding payment. As I live outside Birmingham and the bill is in joint names and my maiden name am I still liable to pay??? I believe the original bill would have been much smaller but have been given no paperwork and the Baliff from Equita has charged me 310 for a 10 minute door step visit - is that allowed, there is no breakdown of fees on his 24 hour notice and the Council are asking for 857 approx.

Plkease reply as I am too worried to sleep!!

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you need to contact the council and get the correct figure

 

when the liability order was issued and when it was passed to bailiffs

 

you say you are on benefits as not working?this may put you in the vulnerable category so bailiff action should stop

 

you do not need to pay the bailiffs within 24 hours is there threat letters

 

do not allow bailiffs into your home

 

do not sigh anything from a bailiff ever

 

if you deny bailiffs entry and levy on any goods they will hand it back to council

 

they cannot break in

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I have emailed Birmingham Council tonight and asked them to place the Baliffs on hold and provide a breakdown of the amount requested as we have no proof and its almost 7 years old bill. I have said I live on DLA and IB and will see what they say next. I have asked for a reply in writing and copies of all expenses as I would love to know the original sum compared to the 1,1087(?) the baliff wanted today.

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Provide proof of your DLA & IB and send to both Council & Bailiffs as you would appear to be classed as vulnerable according to the National Standards for Enforcement Agents - meaning the Council may be able to deduct a sum at source, possibly £-50/£5-00 per week.

 

PT

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I think there is a process for contesting the warrant, which I would think would be worthwhile. I am no expert with business rates cases, so I will leave it for others to advise, but there is almost certainly a process.

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