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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower
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      By tobyjugg2 · Posted

      amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • BankFodder
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By BankFodder · Posted

      Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • BankFodder
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By BankFodder · Posted

      In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
    • BankFodder
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By BankFodder · Posted

      You may have posted already – but anyway, have you got anything in writing from Audi or anyone confirming the water in the sills?

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Drydensfairfax & O2 CCJ

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citizenB

citizenB

Posted
Posted

Just catching up on your thread..

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citizenB

citizenB

Posted
Posted
I've had a look at my credit file and it is showing :( due to disability I haven't got the best memory to say the least.

 

Ok, what did it say on the record - did it give a default date - last date of payment - do you recall the debt at all ? Did you cancel the account with perhaps a balance outstanding ?

 

I have attached below the PoC details purely for those looking in - you have until closing time on Monday 15th July to submit a defence, I will ask someone to look in and help you before then.

 

 

[ATTACH=CONFIG]45170[/ATTACH]

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lincskitten

lincskitten

Posted
Posted

Record has date of default as 27/11/2009 with no record of payments made at all. I honestly don't remember arranging this as it has contract start date in 2008.

 

Nothing been received from Drydensfairfax at all after there last letter back in June.

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citizenB

citizenB

Posted
Posted

If you don't recall entering into the agreement then I think until they provide information otherwise, then you are going to have to simply deny it.

 

Anyway, wait until those with more knowledge pop in an advise, which they will do well in time for you to submit something on Monday :)

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caro

caro

Posted
Posted

I'm not one of the legal bods, but this seems straightforward to me and this is what I'd put in a defence if it was me.

 

1. I have no knowledge of the alleged debt.

 

2. I have requested evidence of the alleged debt from the claimant, but none has been provided.

 

3. In the absence of any evidence to support the claim, I would respectfully request the court to strike out the claim.

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steampowered

steampowered

Posted
Posted

I agree with caro, this is a fairly simple one. I would just add a paragraph re: assignment and a paragraph re: interest as follows:

 

1. I have no knowledge of the alleged debt.

2. I have requested evidence of the alleged debt from the claimant, but none has been provided.

3. As per Civil Procedurelink3.gif Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.The Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

4. In relation to Paragraph 2, I have no recollection of receiving a Notice of Assignment, as required by section 136 Law of Property Act 1925. The Claimant is put to strict proof as to service of the Notice of Assignment and its right to bring this claim.

5. In relation to Paragraph 3, in the event that the alleged agreement exists, it is likely to contain a clause regarding interest, in which case pursuant to section 69 (4) County Courts Act 1984 the Claimant is not entitled to interest at the rate claimed.

6. By reason of the fact and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. In the absence of any evidence to support the claim, I would respectfully request the court to strike out the claim.

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caro

caro

Posted
Posted

Thanks SP. :-D

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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lincskitten

lincskitten

Posted
Posted (edited)

Hi all time for an update received a letter from Drydens on the 2nd of August as attached and hadn't heard anything else until this morning when the second letter arrived. In between these two there has been no correspondence received at all or any other communication.

 

I haven't a clue what there defence is as this wasn't enclosed.

 

Any further advice would be much appreciated.

Edited by lincskitten
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steampowered

steampowered

Posted
Posted
Just received that about ten minutes ago in the post. I presume as I have submitted a defence I am not agreeing to use the mediation service? Thanks for your help

 

It depends whether you are willing to negotiate. Anything discussed during mediation is legally privileged and cannot be cited or used against you in court. I doubt you can have any real negotiation until you have received details of what the debt is about, and Drydens have said that they are seeking this information from their client.

 

The generally accepted wisdom is that you should tick "yes". This is because in small claims track the court has the power to order one side to pay the other's legal costs if it thinks that side has acted unreasonably. The idea is that saying yes to mediation makes you look reasonable. In reality, this power is rarely used and generally only in cases of blatent non-compliance with court orders, for most cases I personally don't think it matters either way.

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AndyOrch

AndyOrch

Posted
Posted

Just to add that in most SCT claims the DJ will recommend mediation for both parties..... irrespective.... before allocating the claim to track.So it would be advisable to tick yes.

 

Regards

 

Andy

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Just because they have not complied to your request does not mean that there is no documentation.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Yes at the appropriate stage of the proceedings...a civil procedure request is just that ...civil.........they dont have to comply pre defence.

We could do with some help from you.

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