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    • Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?
    • Which Court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant?  LOWELL PORTFOLIO LTD How many defendant's joint or self?  SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES  Did you inform the claimant of your change of address?  NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE   Do you recall how you entered into the agreement...On line /In branch/By post?  I DONT RECALL   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  NO   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  DEBT PURCHASER.   Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor?  NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE.    What was the date of your last payment? NOVEMBER / DECEMBER 2018   Was there a dispute with the original creditor that remains unresolved? NO   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
    • Thank you JK2054 and BankFodder for your replies. The information requested is as follows:   My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know.  
    • Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter.  There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb.  I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible.  It'd be a good idea to phone the court on the 18th to see if they have paid.
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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.
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      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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E.Kent Hospital PCN's sobell/white taking me to small claims court **Discontinued**


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My ex employer is taking me to court for non payment of parking fines.

 

I parked to load and unload equipment as part of my job, as i use my own car to travel between sites doing quality assurance checks on x-ray equipment etc.

 

I used to have a "hot parking permit" to allow me to do this, but the rules state that you need to do 12 trips a month and have proof for three months to qualify.

 

For some reason the rules started to be strictly enforced.

 

I had a slack three months, lost my hot parking permit and kept getting tickets.

 

I still had normal staff parking permit, but there are never any spaces after 9am and I might not get back from another hospital till pm.

(which is why we used to get the hot parking permit, which gave us dedicated space right outside our place of work).

 

I thought I was being chased by Roxborough, but East Kent is taking me to court.

 

Is it worth trying a solicitor or is it throwing good money after bad.

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type up or scan up the PoC.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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aha

 

sobell / white

i though they were closed down

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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aha

 

sobell / white

i though they were closed down

 

dx

 

Because he issues so many claims Michael White is obliged to take an occasional one to court. I believe once he is faced with a determined defence - he backs off.

 

He personally is unlikely to turn up due to age.

Edited by ims21
mistake
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I filled in a form Defence and Counterclaim and under G Other Information put

" I worked for East Kent Hospitals University NHS Foundation Trust in the Medical Physics Section. I used my own car to take equipment for measuring x-ray alignment, output image quality to outlier hospitals at Margate, Ashford, Sheppey, Medway. I need to load and unload equipment at my workplace at Canterbury. My employer was fining me for doing the work assigned me."

I made no counterclaim.

Michael Sobell has acknowledged receipt of defence.

I paid monthly for my staff parking permit. You pay no extra for Hot Parking, but have to justify it, on 12 trips per month, documented for three months on renewal. I have asked in FOI for percentage of Hot Parking Permit holders that can be demonstrated to have proved this, as it appeared to me to have turned into a management perk.

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Are you a member of a union? If so then you should get them involved in this. It's unbelievable that you are being penalised by your employer for just doing your job. The lack of parking spaces is not your fault, it's the hospitals. As for those sums of money being demanded then they can only claim for the actual losses they have suffered not those stupid amounts they are demanding.

 

This case is very similar to those from Aintree Hospital, where they have wasted thousands of pounds in chasing people for petty parking infringements and losing in most cases. That money should be spent on patient care.

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We gave up on unions after trying to go through that route with the mess made of husband's redundancy. The union support was worse than useless. I did talk briefly to my old rep before I went to another job. As I was leaving anyway, it came to nothing. I havent bothered joining union in my new job.

 

I also talked to my line manager who was acting head of medical physics. That went nowhere.

 

This would be typical nhs management, we are a tiny department and if there wasn't legislation covering what we do (radiation protection) mangagement would happily close us down in an instant. When we lost our old head of medical physics his salary still appeared in our budget, but was going to a chap none of us had heard of . The lady who really manages us (part time worker on about £6,000 a year) tracked down who was doing his annual leave, it appeared the money was being spent on someone hired as consultant to look at fraud inside the nhs. You couldnt make it up.

With the new guidance coming in we will all soon be privatised anyway and provide as good a service as the privatised cleaners and agency staff.

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If you parked there to load/unload, how long was the car there each time, and do you have a record of the equipment you needed to load/unload if it was difficult to carry.

If those were from 2010/11, have you further tickets each month up to the present as you carry out your job, or have you a permit again?

Or have the hospital realised their mistake and provided the correct parking now?

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I left to work at another Trust in Dec 2011.

Picture attached of all equipment for CT and wall checks on one trolley about 50kg. Usually two people would take this gear, but on one rare occasion i pushed all this at once. I would usually push about 25 to 30kg on trolley.

 

To get everything out and packed away, might take me ten to fifteen minutes, but if I got distracted by work it could be longer. I could get a ticket immediately if parking attendents happen to come around, whether I had an unloading sign up or not and whatever the length of time I had been parked there.

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Looks a lot to carry!

No problem proving you had a need to park by the entrance door to unload anyway.

And if all the tickets where issued within minutes of you stopping, some even before you had the chance to get an unloading sign up, it would be reasonable to argue you weren't even "parked", just unloading as required by your job and contract.

(You did move your car as soon as you could didn't you?)

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Sobell recently lost a case for east Kent hospitals, unfortunately the defendants posts on MSE and youtube were obnoxious so were removed, but I seem to remember the judge agreed they were an unlawful penalty not a recovery of a loss!

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FOI request

"We can confirmthat East Kent Hospitals University NHS Foundation Trust (EKHUFT) holds theinformation you have requested and is set out as follows:

1. The numberof staff parking places provided at the Kent and Canterbury Hospital between April 2011 and April 2012. Please specifywhether these places were general staff or “hot parking” spaces.

We can confirmthat EKHUFT provided 702 ordinary staff parking spaces and 41 hot parkingspaces.

2. How manymembers of staff based at Kent and Canterbury had a staff parking permit issued between April 2011and April 2012. Please specify whether these permits were for general staffparking places or “hot parking” spaces.

We can confirmthat EKHUFT issued, on average, 1381 staff parking permits. We are unable tosupply a figure relating to hot parking spaces specifically at the Kent & Canterbury Hospital, as these permits are not site based, as are thestandard permits. "

There was never anywhere to park it was always a nightmare, I don't know if there was a permissible time allowed for unloading equipment, I had not noticed anything but I supose I could ask.

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Sobell recently lost a case for east Kent hospitals, unfortunately the defendants posts on MSE and youtube were obnoxious so were removed, but I seem to remember the judge agreed they were an unlawful penalty not a recovery of a loss!

 

Must still be a thread you can link to, or do you mean the MSE posters were obnoxious and the thread was removed?

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Must still be a thread you can link to, or do you mean the MSE posters were obnoxious and the thread was removed?

 

No it was just one poster who was severely criticised by the other posters and was banned. Instead of just coming on there and saying he had won , he started laying into everyone else because he mistakenly thought that when told to "ignore", that applies even when you receive proper court papers.Nobody had said that. Instead he was told to ignore until those papers arrive, then you go proactive. He even accused some MSE regulars of being "Sobell's spies".

 

Here is the thread for what it's worth :- http://forums.moneysavingexpert.com/showthread.php?t=4273601&highlight=east+kent+hospital

 

From post #8. It's a bit disjointed as the banned member's posts have been removed, but some of them appear in quotes in other posts.

Edited by DBC
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Must still be a thread you can link to, or do you mean the MSE posters were obnoxious and the thread was removed?

 

Unfortunately he jumped on a long standing thread using several usernames but was kicked off each time and his posts removed. Saying that he didn't really explain what his defence was, he said he was going to pay for a transcript and post it up. Until I pointed him to the fees for transcripts.

 

I think I can recall some of the usernames I will see if I can find anything.

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