Jump to content


  • Tweets

  • Posts

    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
  • Recommended Topics

  • 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
      • 161 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
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4230 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

Good morning all,

 

I have recently had an arrangement with stanford & green relating to some overdue council tax for the previous financial year owed to Dartford Borough Council.

 

I was paying them 50 pounds per month, however i missed my last months payment and just thought i would pay this week and didn't think any more about it.

 

I was going out two days ago when someone was about to knock on my door. It was a so called collection officer from Stanford and Green.

 

He explained that i had broken an agreement with them and they would be attending Friday to remove goods to the value of the total outstanding amount, approx 600 pounds.

 

I was rushing so i said i would call him later.

I called him and i explained the situation as to the missed monthly installment,

he wouldn't hear any of it.

I even offered to try and settle the outstanding amount sooner,

and again he was having none of it.

 

He said they would attend my property,

whether i am there or not,

gain entry and remove goods.

 

 

I said i thought this was unfair,

and what would happen if i fail to allow them entry.

 

 

They said i could not stop them from coming in and if necessary they would use contractors and locksmiths to gain entry and would bill me for those as well, and if i was going to be a problem they would seize my vehicle.

 

 

I have since been in touch with a debt management company who where extremely helpful, and they said under no circumstances can they force entry or seize my vehicle.

 

 

I have never allowed them into my property and have never signed anything,

and so on the basis of that,

is it right that they can do nothing except leave me a letter and go!!

 

 

This is extremely worrying,

that companies such as this are allowed to put stuff like this in their literature.

 

Is there any way people can make official complaints regarding this kind of behavior!

 

Regards

Phil

Kent

 

Further to that,

 

I called the office of Stanford and Green and initially spoke to someone, a young lady who could not have been more dismissive if she tried,

 

 

again, didn't want to hear any of it

said that i would now have to deal with the officer in question, [edit].

I then called him again and he wasn't budging and

i just spent the 20 mins or so on the phone to him going round in circles.

 

 

I was by now furious,

and called the office again,

this time managing to speak to [edit].

 

 

I did expect some kind of explanation from him,

i also explained to him that Stanford and Green have all my contact details and i asked why they simply hadn't contacted me to chase the outstanding payment.

 

 

No answer was given apart from [edit] saying to me that they do not have to make arrangements and they only do that out of courtesy and again, deal only with the officer.

 

I called the officer back.

No answer.

5 missed calls,

one voice mail and a txt and nothing.

 

 

So there doesn't appear so be any professional courtesy at all,

among any member of staff.

 

Regards

Phil

Link to post
Share on other sites

It is so worrying that there is so much wrong information being given out by companies. That is one reason why everyone should amke sure that they come to THIS FORUM.

 

Yes, a bailiff can seize your car. This is most common item to be seized. However, if the vehicle is subject to finance etc or is worth very little, this would be a different matter all together. Maybe your car is worth £10k. We do not know.

 

The reason why the bailif has come to the house is firstly becuase you had failed to keep to a payment arrangment and secondly, UNLESS he visits, he cannot make any money from this account. By failing to make payment you have made it very easy for him.

 

The threat of locksmith is serious as it is WRONG as a bailiff may ONLY force entry if there had been a PRIOR VALID LEVY made on goods and you had failed to adhere to the payment arrangement. Even then, he still cannot simply force entry.

 

Also, it never ceasing to amaze me that people keep relying upon calling bailiffs on a mobile or by phone. WRITE TO THEM "" All bailiff comapnies have email access.

 

If you do not have a car that a bailiff can levy upon and you REFUSE to allow the bailiff to come into your home, then the fees that he can charge are LIMITED to a maximum of £42.50 for "attending to levy" (where no levy was made).

Link to post
Share on other sites

Hallo mate, thanks for the info.

 

I have emailed them in the past if i was going to be a day late or so with a payment, and indeed that was one of my arguments to mr stanford when i called him. I asked why didnt they simply get in touch with me the way i had been in touch with them in the past. I got no answer.

 

I also asked regarding fees. And it was explained to me that if the bailif does not get entry (which they wont), then there fees are between 145.00 and 190.00. So would you say im being slightly overcharged?

 

Phil

Link to post
Share on other sites

If they want to take the 'send in the Neaderthal' approach then fight back and start paying the Council direct on line. This is now classed as a non priority debt and you do not have to enter into excessive repayment plans with the bailff.

 

TT has given the best advice ever..... refuse them entry to your home, do not let them find anything they can levy on outside and the Maximum they can add is £42.50.

 

Your car if not on finance it is a target but, if they have not yet levied upon it you have the right to 'sell' it to a friend or relative. Once the V5 has been sent to the DVLA then the car is no longer yours for them to levy upon.

 

WD

Link to post
Share on other sites

  • 4 months later...

Hi all, hope all are well. Just thought id update as to whats happened and happening with regard to my council tax probs. After the problems i was having i eventually wrote to Dartford Borough Council and explained the problems i had been having and explained what Stanford & Green were up to, and the council wrote back informing me that they were prepared to take the debt back from them, however, i wish i had not bothered.

 

After explaining to me that Dartford Council were taking the debt back, they then informed me they were putting not one but two attachment of earnings in place. After waiting to see how much i would loose, they were proposing taking over £500 per month off of me! I contacted them straight away and said there was no way i could afford this, they then said they would send me a means and expenditure form and that i was to complete it and enclose bank statements and payslips along with an accompanying letter. This i did and waited. In the accompanying letter i explained that i was unable to afford even one deduction as even with one deduction in place me and my partner have -£30.00 per week left to live one. I also explained that my partner is unable to work because of health, but we are unable to get benefits because i apparently earn too much.

 

I offered to pay the council £50.00 per month. I explained that paying this amount would enable me to stay on top of current expenses, and that includes council tax for the current financial year. The council refused to take 50 pounds per month from me saying that it would take too long for the debt to clear. I asked them to explain why it is acceptable for the council to take 50 pounds per month from their appointed bailiff on my behalf but not from me directly. They said something regarding service level agreements, but nothing that made any sense. They then wrote to me saying that they would only put one order through, taking approx 250 pounds per month from my wages. I explained again to the council that i was unable to afford this and if this deduction goes ahead u would not be able to pay the council tax for the current financial year! I have heard nothing from them since.

 

I have received no analysis or judgement on my means and expenditure form, i have explained that collecting the debt in this was amounts to enforced bankruptcy. I have also been sending all documentation to my local mp who has also been querying this with Dartford Coucil, but like myself, that have not received a response from them. I Wrote to them over two weeks ago asking them for an explanation as to how they analysis the means form, i also asked that the last order be stopped. I also explained that i have just had to default on the council tax for the current year, and reiterated that this would happen as a result of the deductions.

 

Neither myself or the caseworker for the local MP have received a response from the council in over 2 weeks. I think they are ignoring my communications. I was going to email and write to them again, but where can i go from here!

 

I cant afford a solicitor myself and if these deductions don't stop im going to start having problems with my rent.

 

Any help would be appreciated peeps.

 

Hope all are well.

Kind regards

Phil

Link to post
Share on other sites

Do you know how much you owe as confirmed by the Council? How many Liability Orders are there? You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

Have you made any payments since posting on here? If the Council decide to go ahead with AoE then there is little you can do to stop them. They do have other alternatives all of which you do not want - Charging Order, if you own your home & yes they will go for an Order for Sale, Bankruptcy or even Committal to Prison, all of which they will charge the costs of doing.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

In your initial post you appear to indicate that the debt outstanding to the council is £600. Can you confirm the correct position and could you also find out what fees have been added to your account by the bailiff company.

Link to post
Share on other sites

Hi all, and thanks for your replies.

 

I am no longer dealing with the bailiff, and as for the council, they have already out the attachment of earnings in place. Initially they put in place two orders, and were taking over £140 pounds per week from me! Upon returning the means form to them they reduced it to just one order of approx £78 pounds, however thats still over £200 pounds per month i cannot afford!

 

The property i live in is a council property, and so they cannot secure the debt on that. My wage isnt bad if it was part of a joint income but its not. My wife has been under the mental health act for years, and cannot work as a result, however we gave up trying to claim benefits years ago as they said i apparently earn too much.

 

I have even been writing to the local MP who has also been communicating with Dartford Council regarding this and he has had no reply from them either.

 

Anyone got any ideas as to what i can do from here?

 

Regards

Phil

Link to post
Share on other sites

Just thought id bump this one to see if anyone has any ideas. I was thinking about ringin the council as my letters and emails seem to be getting ignored, and i know that they record all conversations, but didnt know if that was wise or not!.

 

Phil

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...