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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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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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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.

Off topic posts from "Getting them to Reveal their Vitals"

volvodriver

By volvodriver
in Financial Legal Issues

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star_scream

star_scream

Posted
Posted
Okey dokey,

 

1) does your agreement/application form have the PRESCRIBED terms on the part you have signed ?.

 

2) It is fairly obvious that the OC has photocopied CURRENT terms and conditions on to the back of an agreement/application form. I dont think you will find this is acceptable. £12.00 charges did not come into play until 2006, therefore there is NO way they could find their way onto the back of your document... signed or unsigned.

 

If HSBC have been unable to supply any document at all, then chances are they dont have one. I agree, how can they bring a claim against you without the document, it is my understanding that unless they have a copy with your signature on it, then they wont get very far in court.

Sorry for the late reply citizen.

1 No it doesn't

2 They are saying £12 was the charge at that time. It increased to o£20+ and then back to £12 with the OFT thingy.

The thing is, unless I can prove otherwise, I imagine the court will take this copy as correct

Odio los bancos con una venganza

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Docman

Docman

Posted
Posted
Docman, the link

 

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

 

The £12.00 charge came into force April 2006. So any terms and conditions that has £12.00 on them pre 2006 is NOT correct.

 

 

Many thnaks CitizenB. Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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pt2537

pt2537

Posted
Posted
well you have now

 

 

 

and so what?

unbelievable:rolleyes:

 

do i need to spell things out?

 

I was pointing out that there was a user called FANTASY CHARGES. i provided a link to their profile to show you that there was such a user, and that MAGDA had simply mis stated the user name and in any case, i could see what they were pointing at, merely in humour

 

i saw nothing offensive in the post that MAGDA made and i find the way in which you responded somewhat cynical given that a full explaination was given

 

 

THATS WHAT!!!!!!!!!

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citizenB

citizenB

Posted
Posted
Okey dokey,

 

1) does your agreement/application form have the PRESCRIBED terms on the part you have signed ?.

 

2) It is fairly obvious that the OC has photocopied CURRENT terms and conditions on to the back of an agreement/application form. I dont think you will find this is acceptable. £12.00 charges did not come into play until 2006, therefore there is NO way they could find their way onto the back of your document... signed or unsigned.

 

If HSBC have been unable to supply any document at all, then chances are they dont have one. I agree, how can they bring a claim against you without the document, it is my understanding that unless they have a copy with your signature on it, then they wont get very far in court.

 

Sorry for the late reply citizen.

1 No it doesn't

2 They are saying £12 was the charge at that time. It increased to o£20+ and then back to £12 with the OFT thingy.

The thing is, unless I can prove otherwise, I imagine the court will take this copy as correct

 

Sorry SS, without trawling through your thread/posts I dont know when the account openening date was. I think you are going to have to put them to strict proof as to their charges at that time. Perhaps have a look at someone elses thread. and see if you can compare the charges.

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StayingCalm

StayingCalm

Posted
Posted

This is a brilliant and important thread which x20 has been good enough to start to help one and all. It should not be the place for petty bickering over what appears to be a genuine mistake. Without taking sides I feel it would be beneficial to the thread if the writers of the following post numbers deleted their own posts.

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145 (mine)

Regards to all

sc

Anyway, back to topic I have an update

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banker_rhymes_with

banker_rhymes_with

Posted
Posted (edited)

This is a brilliant and important thread which x20 has been good enough to start to help one and all. It should not be the place for petty bickering over what appears to be a genuine mistake. Without taking sides I feel it would be beneficial to the thread if the writers of the following post numbers deleted their own posts.

 

Agreed.

 

Not taking sides at all. But perhaps the Site Team could pull out all of the non-CPR 31.14 Posts and gently place them into another Thread?

 

This Post included BTW!

 

Cheers,

BRW

Edited by banker_rhymes_with
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StayingCalm

StayingCalm

Posted
Posted (edited)

Hi all

 

Today I phoned Northampton Court regarding the following Application and Draft Order which I sent on Tuesday.

 

 

 

Application

 

An order extending time for service of the Defence and directing that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to the age of the case and to enable the proper preparation of a Defence.

 

 

 

 

Claim No:xxxxxx

 

Draft Order

 

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment,

 

the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

 

[ii] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

 

2 In the event that the Claimant shall comply with this order,

 

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his/her costs of this application [in any event] [assessed in the sum of £130.00]

 

 

 

A very pleasant and helpful lady confirmed receipt and explained that my Application would now be referred to a District Judge, still at Northampton, but a different Court. This could take a few weeks. She said a ‘Bar’ had been put on the case which means that Judgement can not be entered until the Judge has ruled on the Application.

 

Good news, the cost of this type of application is £40, so I will be due a refund of £35 when my cheque has cleared.:grin::grin::grin::grin::grin::grin:

 

Regards

sc

Edited by StayingCalm
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pt2537

pt2537

Posted
Posted

right

 

to ensure that this excellent thread stays on topic i have unapproved the posts that related to the little misunderstanding that took place

 

there will be a few people getting a visit from the CAGbot shortly im afraid but if i had moved those posts to their own thread they really would not have made sense

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paulwlton

paulwlton

Posted
Posted
right

 

to ensure that this excellent thread stays on topic i have unapproved the posts that related to the little misunderstanding that took place

 

there will be a few people getting a visit from the CAGbot shortly im afraid but if i had moved those posts to their own thread they really would not have made sense

 

I agree...exellent thread.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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micko19

micko19

Posted
Posted

hi SA 20X

jan of this year loan company began repo proceedings on 2 accounts of mine. we entered into a new agreement with another subprimer with worse deal to stop the repos..... ie.... we felt we definitely signed new agreement under duress . The court papers for one of the loans was attatched to one of the claims as you would expect pd 7.3... the other loan which they used a differant law firm for had no agreement attatched ie completely ignored pd 7.3..

The loan agreement also did not appear in 2x SAR and i now have a copy purely because of a court order under section 15(2) demanding the agreement....and surprise surprise it is 100% breach of section 18 21,000 restricted 14,000 unrestricted all cca rights removed.

 

Is there any way i can use this ignoring of practice directive and refusal to comply with DPA against these crooks..the information was witheld from me at every oppportunity i might have had to declare it irreedeemabley unenforceable....

 

please help my last 4 attempts at help on this site have been ignored please please any advice???even bad news better than no news we are facing repo in the next 4-6 weeks

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