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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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    • looking4advice4friend
      UKPA ANPR PCN - overstay - The Colonnades, Croydon, CR0 4RQ

      By looking4advice4friend · Posted

      4 hours were soft play with the kids then moved to one of the restaurants for a meal. Restaurant took ages with our order but it was a group of parents so we were in no massive rush.  Ive been trying to find how to determine 100% if the road is public or not as I just based my assumption on the street signs, traffic lights and the bus. Regarding the PCN, does it covers all requirements needed to enforce or do you guys see any clear weak spots? Considering the size of the place and different areas and businesses reachable through that road where the cameras are, I believe is a massive assumption to use those photographs to calculate the time someone was actually parked in a designated parking spot as there are numerous other areas to load, unload, wait for people, drive throughs of restaurants, etc all within the area accessible through the one road where the ANPR is. One can go through most of the areas on street view in google. You can even see a car parked in the middle of the roundabout for example.
    • dx100uk
      IVA failure- Lowell Chasing Old CAp1 Card Debt

      By dx100uk · Posted

      thought your story rang a bell. https://www.consumeractiongroup.co.uk/topic/416315-knightsbridgecreditfix-iva-treated-me-very-badly-thinking-of-bk-now-help/ you vanished and never cameback. dx  
    • dx100uk
      IVA failure- Lowell Chasing Old CAp1 Card Debt

      By dx100uk · Posted

      and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • BankFodder
      Problems with my car from @BigMotoringWrld

      By BankFodder · Posted

      Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • dx100uk
      UKPA ANPR PCN - overstay - The Colonnades, Croydon, CR0 4RQ

      By dx100uk · Posted

      well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  

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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.

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      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.

Mortimer clarke & claimform for Egg Debt -***Settled by Consent/CCJ avoided***

jcoop66

By jcoop66
in Legal Successes

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AndyOrch

AndyOrch

Posted
Posted

Just just check now that the court has sealed the consent and that the claim is stayed...then sit back and let them either approach you with view to settlement or if they wish to proceed.

 

You dont file a defence unless they lift the stay..then the claim proceeds.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...
jcoop66

jcoop66

Posted
  • Author
Posted
Just just check now that the court has sealed the consent and that the claim is stayed...then sit back and let them either approach you with view to settlement or if they wish to proceed.

 

You dont file a defence unless they lift the stay..then the claim proceeds.

 

Andy

 

Thanks Andy.

 

 

It has been some time without hearing much, but to give n update:

 

 

The court returned the consent order as it wasn't signed by Mortimer Clarke. I sent a letter to Mortimer Clarke asking them to confirm that they are going to sign the consent order and send it to the court as they stated.

 

 

I have received a letter today from the court informing me that the deputy district judge has deferred the application. The deputy district judge has said that if we have come to an agreement then we should send a Tomlin order to the court, we haven't.

 

 

Is deferment a good thing?

 

 

I still haven't had any paperwork through to substantiate the claim. Oh and egg returned my CCA request saying the letter needed to be signed! They kept the fee though!

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AndyOrch

AndyOrch

Posted
Posted

Deferred is merely delayed jcoop.....obviously the DJ is not happy with the Consent Order and would prefer a Tomlin Order....consult the claimant and agree same by way of a TO and ask if they would sign it this time.:roll:

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...
Pipster2797

Pipster2797

Posted
Posted

I'm in a very similar position to this with the same mob and

the same story except I'm right at the start and just received the claim form

and don't want to start my own thread straight away as feel comfortable handling it.

 

What got me thinking with this though, is like mine,

the account is nearly SB and by you agreeing to the stay,

will that effectively override the SB?

i.e. SB will not count because the case has been stayed by the agreement of both parties?

 

My first thoughts with this mob were that tested the water with phishing letters

and people that ignored them got sent a claim

and they would be hoping people didn't respond so they got a judgement by default.

 

I now think that by staying the case's they will overcome the SB limitation.

What does everyone think?

 

I'll be keeping an eye out and watching for how your case progresses.

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dx100uk

dx100uk

Posted
Posted

i'g be starting a new thread of your own

 

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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Pipster2797

Pipster2797

Posted
Posted
i'g be starting a new thread of your own

 

dx

 

Why?

 

I've said I'm comfortable with my own case and

 

I'm not posting about my case and

 

think the question I have asked is very relevant to the original poster.

 

I'm not trying to hijack the thread but merely offer a reason of why the claimant would be wanting to stay the case.

 

It may also be something that has been overlooked by the original poster and a bit like yourself I'm trying to help!!

 

The more minds the better!!

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dx100uk

dx100uk

Posted
Posted

ok fine

 

wasn't sure

 

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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AndyOrch

AndyOrch

Posted
Posted

What got me thinking with this though, is like mine, the account is nearly SB and by you agreeing to the stay, will that effectively override the SB?

i.e. SB will not count because the case has been stayed by the agreement of both parties?

 

The clock stopped on the issue of the claim...stays have no effect...it only restarts if they discontinue or its struck out.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Pipster2797

Pipster2797

Posted
Posted

The clock stopped on the issue of the claim...stays have no effect...it only restarts if they discontinue or its struck out.

 

Regards

 

Andy

 

So the claimant would benefit by the case not going ahead and it being stayed then? Because as you say the clock has stopped on SB and will not restart again until the case is discontinued or it's struck out. It will never become SB if the case continues to be stayed.

 

Whereas if the case continued and was then either struck out or discontinued the SB clock would continue and then become SB next year.

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AndyOrch

AndyOrch

Posted
Posted

Correct or the case could continue and you lose and get a CCJ so think before striking out or pursuing statute barred.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...
jcoop66

jcoop66

Posted
  • Author
Posted

Hi all,

Sorry for not keeping this up to date.

 

(I hated reading incomplete threads ).

 

to give you an update:

 

all the Subject access requests, CCA request etc as advised.

 

They missed the deadline and wanted a stay while they tried to get the paperwork together.

 

Foolishly I agreed to this, but I also sent an email to the courts saying that they had no paperwork at all.

 

The judge didn;t like the "stay" and wanted an agreement in writing.

 

I send a letter to the claimant offering a very small settlement (in the hundreds) if they just finish the case now.

 

I did remind them that they had no CCA and the debt was unenforcable in court.

Now,I know I took the cowards way out, but

 

since getting the claim letter my nerves have been shot to pieces.

I am borrowing the money and settling the claim at roughly 5% of the claim value.

 

Having said that, since I signed the new agreement (with the setllement figure)

Barclaycard have written to me confirming that no paperwork other than statements is able to be located by them

 

.Had I been courageous / angry enough I may have won the case.

However, if getting in debt has taught me anything it is to be sensible.

 

The judge may have been one of those that I read horror stories about that would not have listened to me,

and even though my case was strong I may have lost.

 

I would rather not take the risk and just cough up.

 

Oddly, I feel I have let down the people on this forum.

By paying a settlement I have provided funds for them to torture more people and to extort money from them.

 

Sorry about that folks, but I was in no position to be a hero.

 

Good luck to any that get the same treatment.

If you can stomach the fight I would love to hear how you get on.

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AndyOrch

AndyOrch

Posted
Posted

Did you settle by consent then ? Did you avoid a CCJ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...
jcoop66

jcoop66

Posted
  • Author
Posted
Did you settle by consent then ? Did you avoid a CCJ?

 

Regards

 

Andy

 

Yes. CCJ avoided. Just waiting for them to reply whether I pay the solicitor or the claimant. Will be payment by consent.

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