Jump to content


  • Tweets

  • Posts

    • UK citizens will be subject to the same rules as other Third Country Nationals. Keir Starmer to warn of 'major disruption' risk ahead of new UK-EU border checks | ITV News WWW.ITV.COM Ministers will announce measures to try to blunt the impact of the changes, writes ITV News Deputy Political Editor Anushka Asthana. | ITV National...  
    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
  • 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
      • 162 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
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4131 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

Hi all,

Came home to a Bailiffs letter posted through door with a notice of seizure of goods. Two things that are important her is that I have an arrangement with Council for arrears, due to an accident was unable to pay at the time but have been paying since back at work.

I have not received any letters from Bailiffs to say that they now handle the case ? I have received letters from council threatening action but brought the account up to date on the arrangement.

Now these Bailiffs have put a seizure notice on my Daughters car that was in the driveway, is this a measure of there level of intelligence or just there idea of trying to frighten people.

I do understand they can not take anything that is not mine but what reason would they do this ?

The other thing is they have 5 levy fees as the Council tax for whatever reason is broken up into separate bills, the levy fee charges are relevant to the amount owed ie. the higher the amount owed the higher the levy fee ? is this correct.

They have given me a 5 day notice for removal of goods ( Daughters Car )

Lastly the council will not deal with me, have told me I have to deal with the Bailiffs now !

 

Thank you for any help you can give

Link to post
Share on other sites

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

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

The 5 levy fees you mention, do you also have 5 separate Notices of Seizure & if so have they listed the same goods on each one? Have they also listed what charges they have made - may be on the reverse?

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Thanks for the reply, will ring the Council with these questions.

The levy fee has only one reference on it regarding one of the outstanding amounts ? There are 5 reference numbers in total but only one Notice of seizure.

Thanks

Link to post
Share on other sites

They may only seize the goods of the debtor - therefore your daughter will need to write to them advising it is her vehicle - they will try to make her jump through hoops for this, but she should maintain that if the Bailiff had done a simple DVLA check as advised by several LGO Reports then this would have revealed who the likely owner was. After she has sent this you must write yourself that as the good seized were the the property of a 3rd party you expect them to remove any & all costs associated with the levy and replaced with a Visit Fee if applicable - again they will be awkward about this. make sure a copy of the letters sent are also sent to the Council, when the Bailiffs reveal themselves to be intransigent then that is the time to lay everything at the feet of the Council to sort out as they are ultimately responsible for this.

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

If you have no fees listed you should write to the Bailiffs asking for a breakdown, this is best done initially by email followed by a copy in the post. Here's an example of what to use, adapt & use as you see fit. Email for B&S is [email protected] - take the spaces out for the correct address.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Once again ploddertom thank you, i now see why these people are being sought to be regulated properly.

I myself do not fret about people like this but do feel they prey on the vulnerable and this to me is wrong and should be looked into.

I will deal with these issues now I have the correct advice and will keep you informed :-)

Link to post
Share on other sites

Phase one.

 

It would seem that this particular local authority are allowing their bailiffs to IGNORE completely the highly critical report from the Local Government Ombudsman against Blaby District Council concerning the levying upon a car that is not owned by the debtor and the charging of "multiple fees" for enforcing more that one Liability Order !!!

 

Would you mind posting back with details of the exact fees that have been charged. It would be most helpful if you also indicate which local authority are involved.

 

The LGO really should be advised. This is simply disgraceful.

 

Please do post back...

Link to post
Share on other sites

Hello tomtubby,

Glad you agree, I think this is disgraceful with the facilities they have.

Anyway list as on the paperwork is as follows. Waiting for a break down from the council as I am paying online at £ 20.00 per week, there beef is they want more and I don't have more. My payments are paid 4 weekly sometimes run over as now back to work and self employed so payments are sporadic to myself. But they do get paid, they had Jacobs last time but they took it back from them after talks with me. They don't want to talk to me this time.

 

Top form is notice of seizure for full amount total of 2617.78 B&S reference SHL-T 603

 

Middle form is inventory of car. reference no: SHL T 603

 

Last form is Memorandum of amounts due.

 

SHL-T 603 CT £523.67

Levy fee £ 42.00

 

SHL-T 604 CT £178.63

Levy fee £ 29.00

 

SHL-T 605 CT £365.64

Levy fee £ 36.00

 

SHL-T 606 CT £133.65

Levy fee £ 27.00

 

SHL-T 607 CT £1198.69

Levy fee £ 59.00

 

Balance transferred to Notice of seizure £ 2617.78

 

The seizure Notice only has one of the reference numbers on it ?

 

Council are SHDC ( South Holland District Council)

 

Thank you for your help

Link to post
Share on other sites

Here is reply to email today

 

We acknowledge receipt of your email the contents of which have been duly noted.

 

Firstly, the bailiff is not obliged to make enquiries with the DVLA prior to seizing a vehicle if he believes that the person named on the Liability Order is the Owner. However, we can confirm that we are now making further enquiries with the DVLA. We also suggest that documentary evidence of third party ownership is provided to us. It can be sent to Bristow & Sutor, Bartleet Road, Washford, Redditch, Worcs, B98 0FL.

 

There has been one bailiff visit to the address, the details are as follows:

 

14/02/13 at 9.14am Mr ........... attended.............. with a view the seize goods. As you have 5 Liability Orders you have been charged a levy fee for each one as follows:

 

SHL-T/603 £42.00 and a Redemption of Goods fee £24.50

SHL-T/604 £29.00

SHL-T/605 £36.00

SHL-T/606 £27.00

SHL-T/607 £59.00

 

We will review the fee’s charged upon response from the DVLA.

 

Mr ....................... was certificated at Worcester County Court on the 01/11/12.

 

Your current outstanding balance is £2617.78, please complete the attached form and return to our offices by the 25/02/13 along with your proposal of payment.

 

Failure to comply will result in further recovery action being taken against you, for which you will be liable for any additional costs incurred.

 

We trust this clarifies the matter.

 

Yours faithfully

Edited by Phase 1
Link to post
Share on other sites

  • 1 month later...

Ok have until today to pay the Bailiffs a fixed amount which I cant afford. Have offered what I can afford, do I pay what I can afford to the council or the Bailiffs ?

My offer is for £ 80.00 per month, and if I pay the council do I inform the Bailiffs that is what I intend to do from now on.

Thanks for any advice

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...