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    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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
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What is a realistic charge for a bailiff attendance?


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I am sat here laughing my socks off at this thread.

 

The whole crux of this section of the forum is that there are set guidelines as to what Bailliffs can charge, and most if not all of the bailliffs are ignoring those rules and making up their own fees. Relying on ignorance of the law and using bullying tactics that they know full well they have no legal powers to use.

 

Before we start talking about whether bailliffs are making enough money to cover their costs, how about you start by addressing the issue that most bailliffs are acting illegally, overcharging when they know they shouldn't and more importantly making threats that are wholly illegal.

 

That is the real issue that needs addressing here. Whats the point of discussing what constitutes a reasonable amount when they can't even follow the standards they are supposed to abide by anyway.

 

HCEO also happens to ignore so many factors that should be taken into account but are not. Such as how many properties a bailliff atttends with one van in a day. I have it on very good authority from an ex bailliff that one van can bring in amounts of up to £2100 per day, simply by charging every person they visit a "van hire" fee. Not bad considering he bought the van for £1000 from an auction and used it every day of the week. The actual cost of using the van ( insurance, diesel, road tax, ear and tear ) was ( according to him ) less than £50 per day, and he would charge each and every house he visited £150 in "van hire fees". Thats not including the fees he would charge for "waiting time" or attendance fees.

 

Those kinds of actions cannot be justified, and it because of unscrupulous actions such as that, that forums like this are here to expose the lies, cheating and downright fraud that occurs within the bailliff industry, and the person being threatened is being bullied into believing the bailliff has the law on their side.

 

And, the final insult, is you actually sit there saying "no ones mentioned the creditor". Bailliffs have absolutely no concern for the creditor whatsoever. Their only interest is to make as much money as they can from the debtor, for doing as little as possible. The more fees they can charge the more they will try and [problem] off the debtor. The fact the debtor cannot afford to pay and the actions of the bailliff is actually more likely to mean the creditor takes longer to get paid, is something that doesn't even cross the tiny minds of the bailliffs. If the bailliffs cared about the creditor in all of this, they would not be charging sums that increase the debt to levels that make it even harder to sort out.

 

Rather than ask us what we think is reasonable, why don't you go to the bailliff conpanies and start by asking them to act reasonable, because the way I see it, if I pay for something I expect a professional service, and the amount I pay should be reflected in the level of service I am given. If a bailliff does not act professionally then I should not have to pay him a professional fee.

 

Act like a professional and you should get paid as such. Act like a bullying lying cheating thug, and what you should get is what I personally would pay bailliffs.. NOTHING....

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Are we not forgetting that a bailiff visit is a last resort because people haven't paid something that is owed. They have always been chased by post but still ignore it.

 

Almost all of brassnecked's comments refer to the vulnerable again. NOT EVERYBODY is vulnerable. There are many debtor's out there who just refuse to pay what's owed.

 

Remember, in the HCEO business the debts have made judgment. The creditors are often small businesses struggling themselves yet this always seems to be missed in this forum.

 

Not all debt is Council Tax!

 

Well how about the Bailliffs start by doing something really sensible and finding out WHY people haven't paid and rather than treating everyone like a criminal ( which they are not ) working out the best way to proceed rather than just using the "you are paying now whether you can afford it or not, and by the way I've added 25% onto your bill because I am a thieving thug".

 

You say SOME refuse to pay it, that is a very very small minority. The majority cannot afford it and in most cases I think that pride means they refuse to face up to it and admit there is a problem. That pride takes a further knock when some thug is stood in front of you telling you that you should ring friends or family and admit to them they are in trouble. That is the most disgraceful thing a bailliff can do. Not only do they make the matter worse by adding on huge charges, they then force them to go to other people and tell them that they are being blackmailed into borrowing money which they cannot afford to repay.

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