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    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
    • I drove a friends a car for a few days and I used cuvva car insurance to insure myself for the time period. Here's the problem: I made a mistake with the dates on the insurance, I ended up driving uninsured for one day and I got a speeding ticket. My friend named me as the driver on the Notice of Intended Prosecution as she should and I will take the blame of course. Will met police ask for proof that I was in fact driving? I mean, any more other than me replying to the NIP that I will soon receive from them? Cause I assume that my insurance for the day will be the proof that they need... Secondly,  if caught driving uninsured, what will happen please? I read it's £300 and 6 points. Is that all or is it worse? I'm only asking for information from knowledgable people. If you intent to just mock, you're certainly not helping. Thanks
    • Hi, Please find letter sent to BMW with all evidence off issues which is a link from Audi. Unable to share the footage on this forum as I am not the best with tech BMW FAULTY CAR LETTER.docx
    • This is the first item that I've ever claimed for - I don't really send too many parcels, probably 5 in the last 5 years, and only two with P2G / EVRi. I've attached two emails from P2G regarding their requiring the documents. They don't specify in the emails what documents I should be sending, although when opening the claim they were requesting that I needed photographic proof of sending - picture of the parcel with their label attached, in the EVRi ParcelShop. The second email is their closing the enquiry due to my failure to produce said document(s). I haven't yet drafted my claim letter, I wanted to be sure of this document situation first before I began action. But therein lies another problem. Not having a P2G account, I cannot be sure of the item value that I declared. The retail value at the time was £600, which is less than the £650 I paid several months earlier, so I would likely have used that, but cannot be sure. And without having an account I can't check either. But, I know that I did properly declare the item and a value that reflected its then retail price - I was concerned this declaration may have been used to single the item for theft. But now that the retail price has reduced substantially, even though the nature of compensation is to return the claimant back to their original position, without my purchase receipt, I was concerned that I may have to claim for less. And yes, I've been through your huge document store of information, in addition to MoneySavingExpert, Which, Citizens Advice, Gov.uk "make a court claim", my own law books (annoyingly I specialised in consumer law when I studied for my law degree, but I graduated 17 years ago), and so now feel that its time to either act, or drop it. P2G Enquiry (2).pdf P2G Enquiry (1).pdf
    • I have found both forms online  https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf https://assets.publishing.service.gov.uk/media/60c73ad0d3bf7f4bd6a9bc69/te7-dart-eng.pdf   do i just fill in both forms and send to the address on them or directly to Manchester council  forgive my ignorance    thanking you in advance 
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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.

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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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OBrien vs Barlcays


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Thanks TANZARELLI, is this something that I should be producing even though they will (hopefully) settle prior to it going to court?

 

Also, if should be producing this, should I be sending it to the court sometime before the date of my hearing?

 

Thanks

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When you got your court date you should have been told to submit to the court and to the other party any documents you wish to rely on in court, no later than 14 dyas prior to the hearing date. This may be different if you used the new strategy and the draft order. Were there any directions with your court date?

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  • 3 weeks later...

OUT OF COURT SETTLEMENT AGREED, BARCLAYS PAID UP IN FULL!

 

Just to complete the story, I called Anthony Lombardi on Monday 26th February. He said that they were dealing with the claims in order of court date. My date was 26th March, so he advised to leave it for two weeks. He also advised that his colleague Laura Wrage was going to be dealing with my case. This was a very civilised coversation, and I thanked him for his help.

 

On Monday 12th March, I called Laura Wrage to discuss my claim. She said that she had requested the statements to verify the claim, she advised that I would receive a letter in the next day or two. Today, I received a letter from Barclays offering to pay me the full amount (including court costs) of £762.50. Just need to sign and send the letter back, and also write to Cardiff County Court advising them that the matter has been settled. I can smell that money coming my way!!

 

Thanks for everyone's help, and I will be donating some of my cash back to this site as soon as it is deposited in my account, because quite simply without this web site, I would not have gone this far.

 

Thanks a million for all your help, and for anyone who is having any doubts about claiming...just go for it, there are plenty of people here (including myself) who will be around to offer help and advise as required!

 

Get stuck in...

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Tanz

 

I'm about to send the letter back to them now. Do you suggest simply crossing out the sentance that says "By accepting this offer, you also agree that the existence and the terms of this offer are confidential between us"?

 

Will this affect them paying me, as I also need to contact the Country Court to inform them that a settlement has been agreed.

 

Please reply.

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Guest Mumofthreeboys
Tanz

 

I'm about to send the letter back to them now. Do you suggest simply crossing out the sentance that says "By accepting this offer, you also agree that the existence and the terms of this offer are confidential between us"?

 

Will this affect them paying me, as I also need to contact the Country Court to inform them that a settlement has been agreed.

 

Please reply.

 

I crossed mine out with a big black marker pen and it didn't affect them paying me. They have no right to impose terms on your settlement. Make sure you only write to the court when you have cleared funds too.

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Thanks for the reply. I will cross it off my the letter before returning it to them. I will have a problem waiting to cancel the court case tho. My hearing was set for this coming Monday (26th March), and there is no way that they will clear the funds in my account and leave me enough time to cancel the case.

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Guest Mumofthreeboys
I will have a problem waiting to cancel the court case tho. My hearing was set for this coming Monday (26th March), and there is no way that they will clear the funds in my account and leave me enough time to cancel the case.

 

This is exactly what happened to me and this is not your problem, it's their problem and it's all of their own doing. They have had more than enough time to pay you, but they have stalled and stalled.

 

I rang them and told them this and I got paid via a BACS transfer.

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