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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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    • 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.

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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.

      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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Special Delivery Parcel Delivered To Incorrect Address


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Hi,I'm stuck in a catch 22. I posted a parcel special delivery to an address I was provided with. Unfortunately the item has gone missing, Royal Mail have delivered it but apparently not to the correct address. I have raised a complaint with Royal Mail, however they are insistent that the address I used isn't valid as it's for more than one address. On the other hand the company that provided me with the address are insistent that the address is correct. I have taken this matter to the Chief Executive/MD of both companies.Who is right, who can I can claim compensation from and what should I do next.See my article about this at xxxxxxxxxxxxx.

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Hi

 

have you checked the postcode through google maps then into street view to look yourself?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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The key factor here is knowing if the address used was a correct address (or not). Are you able to provide us with the address you used so we can help further? What does the RM website show when you look up the address?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi,

 

the address I was given is:

 

unit 8, 10-12

Llywn-Y-Graig

Garngoch Ind Est

Gorseinon

Swansea

SA4 9WG

 

and apparently it has gone to

 

UNIT 9,

Old TNT Building,

Pheonix Way,

Garngoch Industrial Estate,

Penllergaer,

SWANSEA,

SA4 9WF

 

Gemma

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I assume the company in question is Trojan Electronics? In this instance looking at the addresses, I believe that Royal Mail's address database is not accurate/up-to-date and your claim is being rejected because the details are not matching on their website and the customer service staff (who I assume are part of a national team) have no local knowledge to understand the address in more detail. There are a few points to note here:

 

  • Unit 8 & unit 12 do notappear on Royal Mail's address database (you can search this for free on royal mail.com by clicking 'find an address or postcode').
  • However, Trojan Electronics are listed on the database, same street and postcode, but a different unit number (unit 10-11).
  • If you look on Google Maps, and zoom in on street view, you can clearly see that Trojan Electronics do in fact occupy unit 8, as well as unit 10-12. 10-12 are next to each other and 8 is directly opposite 10-11. It is clear that Trojan occupy all of these units as they have huge signs outside each one! If the Royal Mail driver found the street (Llywn-Y-Graig) then he would have absolutely no problem finding Trojan Electronics!

 

Notwithstanding the above, Royal Mail probably do make a point that Trojan should probably specify a single unit for it to be delivered to, rather than listing each unit they occupy (albeit they are all in the same place) - however this does not excuse the fact that they delivered it to the wrong address! If they genuinely weren't sure which address to deliver it to, then they should have returned it to sender and NOT picked a random address nearby and delivered it to there. Phoenix Way and Llywn-Y-Graig are two completely different roads, there is no excuse for them to get it wrong and deliver it to a completely different place.

 

I would point out the above, and include print outs from the RM website and Google Map Streetview, and escalate this as high as possible. Assuming your item was something which would be covered by their compensation then there is no reason why RM should be withholding the payment which is due to you in my opinion.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Hi sorry for the second post. I have gone all the way to the chief exec of royal mail and now awaiting a reply from the review panel. I have pointed out the address that the item was delivered to was different and that if they were unsure of where to deliver why didn't they return to depot and sender.

 

I just want to know if legally I can take BCG to court as they are in possession of my item after all. It is very frustrating thi whole process.

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