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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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    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • jk2054
      Another P2G / EVRi Lost Parcel Claim

      By jk2054 · Posted

      hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
    • dx100uk
      JCI/BW PAPLOC - old Advanced Payment Solutions Ltd t/a Cashplus

      By dx100uk · Posted

      CCS? nope dx

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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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.

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Brothers Welcome/Hagarty Claimform - old Loan - now 3yrs later IND are lifting the stay by N244

Gaz7483

By Gaz7483
in Financial Legal Issues

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Gaz7483

Gaz7483

Posted
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Posted

Sorry Andy, my mistake. I meant on which document was that quote taken from as I'd like to provide it to the court as evidence? I've been through the PDF's but can't find it.

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Gaz7483

Gaz7483

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Wow, good spot! Now I have a big problem because I don't have that form! Is there any way I can get a copy or still somehow use it in defence? It seems like a major point in the context of the case.

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DonkeyB

DonkeyB

Posted
Posted

Here you go – CCA Section 60 (1)

Form and content of agreements.

(1)

The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

(a) the rights and duties conferred or imposed on him by the agreement,

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

© the protection and remedies available to him under this Act, and

(d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.

My contention is that the agreement does not show the amount of charge for credit. It leaves you to work it out.

Does that make it unenforceable?

Do you know where it might be? I doubt you copied it inaccurately. Stick to what it says. Just state it as fact – the court will (should!) have a copy in the file.

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Gaz7483

Gaz7483

Posted
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My brother thinks that I have all the original paperwork from the first time around but I'M convinced I gave it back to him.

It does make sense though that they would have a copy of the original application wouldn't it?

Is it worth getting my brother to phone and ask them for a copy, or at least make sure they have a copy available to them on Friday as it's so important to the case?

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DonkeyB

DonkeyB

Posted
Posted

It should be in the case file that the court holds. The PoC is pretty critical – it should not have gone anywhere.

 

But, as it’s IND, call the court and check – in case IND have made any sneaky applications to amend.

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Gaz7483

Gaz7483

Posted
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DonkeyB, I note you said that in the new witness statement they are claiming that this account was not terminated. Is this something they have implied by issuing a Notice of Arrears or is it something they have stated explicitly somewhere?

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DonkeyB

DonkeyB

Posted
Posted

No. In the Original PoC they say the account was terminated because if a failure to abide by the T&Cs. They can't backtrack on that, but are trying to.

 

They are now claiming it was not terminated due to a breach of the T&Cs because that would have required a DN — and they know they did not issue one. In other words, they have changed their story because the original PoC necessitated a DN.

 

They are fibbing to suit their available evidence.

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AndyOrch

AndyOrch

Posted
Posted
No probs.

 

Andy, what needs to be done with regard to file/serve of the defence/WS?

 

It must be served on the court and claimant not less than 7 days pre hearing.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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DonkeyB

DonkeyB

Posted
Posted

Hearing is in three days. Better get a move on and play the LiP card. They were also rather late sending their WS to support their app – and the OP did not receive a copy of the app in April – so I think there should be leeway.

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AndyOrch

AndyOrch

Posted
Posted
Hi Gaz well nothing has changed.... if it was SB at the time they issued the claim and you defended on that premise ....then its still statute barred.

 

Has the court sent you a copy of the n244 application and any witness statement in support of..?

 

Has the court missed the time off the hearing...have you been invited to attend?

 

Are the court even aware f an application?

 

 

 

You are legally allowed to submit your own witness statement in response noting your objections...firstly that the claim is statute barred and further that you regard the application after 3 years as unreasonable and an abuse of process

 

Check out with the court why no time listed and why no invite for you ...if that is the case.

 

Regards

Andy

 

I did imply Donkey...7 days ago:-)

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

So we just need a little input from Gaz then.....and sharpish:-)

We could do with some help from you.

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Gaz7483

Gaz7483

Posted
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Posted

Oh crap, only just seen your replies.........

Was just about to update you though because my brother has just spoken to the court and there seems to be a major issue.

They wouldn't tell him if there had been an application to amend the particulars of the claim, they just said he would have received notification by mail.

He told them that he has received NO correspondence at all from the courts, he wouldn't have even known about the hearing if it wasn't referred to in IND's paperwork.

he asked them to check the address they have for him and they said it doesn't match his.

They wouldn't tell him which address the paperwork was going to but suffice to say he hasn't been getting it!

He asked what he could do, they said he could request the paperwork by email, but they would post it to his new address. There's no chance of getting it before Thursday at best!

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AndyOrch

AndyOrch

Posted
Posted

Content seems fine...no exhibits ? just requires to be finished with standard layout and finished with a statement of truth.

 

See here in post#47

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439434-MKdp-llp-claimform-old-barclaycard-debt/page3

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Gaz7483

Gaz7483

Posted
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Posted

Hi Andy,

 

Thanks for your input. I'm going to add the exhibits at the end, I just wanted to try and get the witness statement done and uploaded for you to have a look at first. I'll try and get it into that format tomorrow and upload it again. I hope I can get it looking as good as the one in the link you posted, mine seems too "wordy" but I like the style of that one.

 

Do we still have time to get this to the court or will it need to be presented verbally at the hearing now?

 

Regards,

 

Gaz

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DonkeyB

DonkeyB

Posted
Posted

Think it’s Friday, Andy.

 

Need to add in to the WS something about the claimant sending correspondence to different addresses yet suddenly finding you near the court date.

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AndyOrch

AndyOrch

Posted
Posted

Should have filed today...you could get away with 3 days...email a copy to the court/claimant tomorrow...I would also take a spare copy on Friday and ask the court usher to push it into the file before you go in.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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AndyOrch

AndyOrch

Posted
Posted

If you get a jobsworth just say you have emailed a copy to the court earlier in the week (dont state Thurs) and you just wanted a better copy putting in the file.:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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