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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • HP Mum
      my Leasehold/Freehold property and its issues.

      By HP Mum · Posted

      Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  Of course, I refuse to be held accountable - in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • The Phantom
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By The Phantom · Posted

      I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • SOD'EM
      Virgin Media playing Games.

      By SOD'EM · Posted

      Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Moneyclaim here I come **ANOTHER WON**

kotum45

By kotum45
in LloydsTsb Successes

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kotum45

kotum45

Posted
  • Author
Posted

Thanks for all your comments and good thoughts.

I have today received a defence from Lloyds. However, even though it is the same defence they used agains other claims, it seems to be filed by different solicitors. The name of the company is: Sechiari Clark & Mithcell.

They claim that there is no breach of contract and it is a service.

So I am going to read further and do some research. If anyone has any good source of info please let me know....

I should change the title to "courts here i come".

It is good to know I am not alone, I was being paranoid :)

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wolfcub

wolfcub

Posted
Posted

Hi Kotum,

 

Hows your case? Just filling in Court Allocation Questionnaire - what did you put inh the section "Other Information"?

 

Appreciate your help.

 

Cheers

Wolfcub

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Lorraine

Lorraine

Posted
Posted

Hi,

 

Lloyds have said they are going to fight my case -different solictors to yours though. They acknowledged my claim and have up to 28th May - Not sure where I go from here. Just thought since you have a step ahead - any comments. Do I wait to get a questionnaire? from Lloyds. Really appreciate your help.

 

Lorraine

Halifax - Since 2003 £1,186 DPA Request: 24.03.06

PRL - sent Recorded 05.04.06

Letter received 07.04.06 - Thanks but No thanks

LBA - 20.04.06 Refused Money Claim filed 08.05.06

Served 14.05 Acknowledged 16.05.06 - 28 days to go

:D WON - PAID IN FULL 25.05.06

Lloyds [/i]- Since 2000 £780.31 - DPA Request: 23.03.06

PRL - sent recorded 10.04.2006

Letter Rec'd 13.04 - Not interested

LBA - 13.04.06 Money Claim filed 25.04.06

Served 01.05.06 & Acknowledged 03.05.06. - 28 days to go

Defence received 25.05 - Here we go

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kotum45

kotum45

Posted
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Posted

Sorry I haven't logged in for a while.

 

 

Lorraine, they are soon going to submit their defence and you will receive an allocation questionnaire shortly after that. I have sent mine recently, it is very easy and self-explainotary.

 

Wolfcub, I have left that part blank.

 

I honestly think these people are testing our nerves. Don't give up, they are going to wait until the last minute.

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kotum45

kotum45

Posted
  • Author
Posted

I have received Lloyds allocation questionnaire from their lawyers SECHIARI CLARK & MITCHELL. They are calling one witness to the court and in the "other information" section of the questionnaire they have stated:

 

"The defendant bank will reply on its Defenece filed on the 4th May 2006 together with supporting documentation in terms of the Bank Statements and Terms and Conditions that govern the Current Account that appears to form the subject matter of these proceedings."

 

Am I supposed to be scared. Are they stupid enough to think that after coming this far I am going to drop the case?

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philion

philion

Posted
Posted

Urgh 3 months, fairplay Lloyds are soo pointless!!!

Lloyds TSB - Data Protection Act sent 19/05/06, received 1/06/06

Pre sent 02/06/06 asking for £2501.06, received 13/06/06 Blah Blah Blah

LBA sent 20/06/06, received BLahblhALBhl

.....

Sent off AQ to the courts.....just waiting now

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Damon999

Damon999

Posted
Posted

I don't see why the banks want to drag it out so much when it's costing them 8% a day to do so. They must no no-one's going to drop a case whan they've paid up in advance and can't get a refund.:confused:

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Janet-M

Janet-M

Posted
Posted

They are using bully tactics as some people will drop out at each stage ,as they know,the longer they drag it out the more people drop their claims but I think the courts are starting to wisen up to this now .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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BankFodder

BankFodder

Posted
Posted

Well it will be very interesting to see what the witness statement has to say. you should get an advance notice of the statement. Let's hope that they are somebody who has direct knowledge of the banks charging systems and the way that they are designed so that they can tell the truth the whole truth and nothing but the truth.

It is probably all bluster by the bank -- but don't worry if it isn't then the bank will have a lot of explaining to do and if they lose -- as they most likely will -- it will be the end for their penalty charging scheme.

This is excellent news. Don't worry we will back you up

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BankFodder

BankFodder

Posted
Posted

By the way, unless the bank dares to produces a witness somebody who has direct and current knowledge of the banks charging system and the way that costs a calculated, the witness will be useless.

 

It is quite clear that the courts are already deeply suspicious of the banks and their behaviour. I require sure that a judge would not stand any nonsense or any flannel or any "economy with the truth" by some bank employee.

The only way that the banks can stop the tide of claims against them is by producing a witness who will be prepared to say precisely the kind of thing which if the banks were only prepared to reveal exactly the same information generally, would put an end to all of their problems without any of the current litigation and scandal to which they appear voluntarily to be subjecting themselves.

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drrayjo

drrayjo

Posted
Posted

So am I right in thinking this is the first time a bank has 'threatened' to call a witness?

 

Is it likely to be just that, a threat, and just a new scare tactic or could it be the start of a new engagement with this issue and a real defence.

 

It's a shame we won't know for sure for another 2 months and 30 days (ish)!

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Janet-M

Janet-M

Posted
Posted

As BF has said you will get advance notice of the witness statement and you will be fully supported by this forum .It looks like bluff to me until such time as they produce a statement , in the unlikely even they do then please PM a mod to make us aware of it.

I don't want to answer on if you are the first to recieve this as I , personally,have not been looking around the forum myself that much lately as have been to busy with all the new members but I am sure someone will come along and answer this for you soon.

 

as for a 'real defence' there are no real defences to penalty charges .

 

Please do not let this un nerve you in anyway as this is what the bank would love.

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When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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kotum45

kotum45

Posted
  • Author
Posted

On their allocation questionnaire they are calling for 1 witness and in the explanation page they say that they will defend this case fully (along those lines). I am not scared at all. I would love them to go to court and loose as this will be the end of bank charges for everyone.

Thanks for all the support everyone.

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Janet-M

Janet-M

Posted
Posted

does it not name their witness on there ?

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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wolfcub

wolfcub

Posted
Posted

Hi Kotum,

 

I have court date of 6th Sept (same solicitor). They didnt state that they are calling any experts on mine. Strange since we're both about the same stage.

Think they are just playing with us.

 

Hang tight

Wolfy

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kotum45

kotum45

Posted
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Posted

i can only assume their witness is a bank employee who is going to come to court to lie and say their charges are not automated.

i am really annoyed because i know they will settle at the end but they are wasting courts' time and making profit out of my money as long as possible.

wolfcub good luck. it is good to know we are both at the same stage.

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kotum45

kotum45

Posted
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If Lloyds decide to wait up until the last minute to settle I will do my best for this thing to end up in court. The longer they wait the better as they will have less bargaining power.

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