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    • Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
    • Regular savings accounts are accounts designed for savers who put money aside every month and reward them with a generous interest rate.View the full article
    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.
      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.
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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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CT from 2009


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Ida could you perhaps help me out a little. I am at a bit of a loss what to do.

 

My council produced an outstanding CT bill from 2009, and after a little bit of a dispute I agreed to pay in instalments. I paid my first instalment, then I have missed my second one, with the end result being my bill got sent to Charles Anderson. It turns out when I made my first payment to them, they applied it to my current bill, so it looked like I had never paid anything after making the arrangement. Now I am always in constant contact with my CT office, and I have repeatedly explained to them that I have ADHD and difficulties because of that. I certainly havent tried to avoid the problem, I just need them to be more help rather than hindrance.

 

Anyway, the be all and end all is that they are not willing to budge on this and I am obviously going to have to fight them. However, I have Charles Anderson breathing down my neck now and need some advice on how to deal with them. I would obviously like the council to act more appropriately, but that isnt going to happen in 2 weeks.

 

What can I do in the meantime? I feel I am being bullied here, and considering mental health problems, should not be victimised like this.

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Hi Madscot sorry for the late reply,

 

Ive made a thread of your own so can be seen.

 

Can you confirm if you have recieved a charge for payment?

 

What council? you can pm this info if you dont want to post on thread.

 

But keep everything else to here :)

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Its fine Ida, I wont give out grief to anyone who offers their time for people :D I am grateful.

 

Regarding the current situation, I got myself a charity to act as an advocate, and we have the council holding proceedings to give us time to sort it out.

 

The council in question is North Lanarkshire and as far as I am concerned they are nothing short of bullies. Throughout my adult life I have fought with them and been penalised by them, both financially and mentally.

 

This particular bill had a 10% surcharge added to it first, and now it has further charges incurred by Charles Anderson.

 

Throughout my dealings with NLC, I have repeatedly told them I have problems and asked them for help but they have absolutely no provisions in place for dealing with people who have mental health issues. Apparantly if you cant see it, it doesnt count.

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Hi,

 

The amount due will have increased as there is an automatic penalty of 10% if a summary warrant has been granted against you.

 

Once a Summary Warrant has been granted as has in your case, the debt will be passed to the Sheriff Officers, you should contact the sheriff officers and come to a repayment arrangement. Make sure you come to an arrangement that you will be able to stick to. It is better to pay a little on a regular basis over a longer period of time than to try to pay too much, leave yourself short and miss payments.

 

As Ida has asked, have you received a 'Charge for Payment'.

 

If you have you will get time to pay these arrears, and are you up to date with your current council tax.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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I am not sure if I have a "charge for payment" as I dont know what that is. I do have a summary warrant but I have basically fought them and had a hold put on the case.

 

As for my current council tax, its a mess as well. I have been waiting for more than 2 months on a decision on my CT, and nothing seems to be coming, so I just keep getting these demands and unpaid bills I dont understand. I have filled out their forms and phoned them to try and hurry them but still no result.

 

Everytime I ask for help from them to make this less complicated I just get refused.

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I had/am having a dispute over council tax myself.

One thing I always do though is use email/letters to communicate where possible as it leaves a paper trail you can refer back to. Phonecalls are notorious for not being honored or traced if needed etc.

 

A letter or email (used to follow a phone call if you need to phone) allows you more time to plan what you say with any support you may be receiving.

 

Oh sounds picky but do not use the word vicitimisation. In your case it is not accurate. Disability Discrimination are the words you should be using. :)

Getting this right opens up, I imagine, a lot more room to maneuver if it comes down to the nitty gritty. Discrimination on the grounds of disability opens up all sorts of avenues so it is important to get this right.

 

FYI - Victimisation is receiving less favorable treatment due to you using a statutory right or procedure (Or aiding someone else that does) eg being bullied if you lodge a complaint or being a witness for someone that lodges a complaint would be some examples of victimisation.

 

Hope that helps a little, im sure someone with more knowledge will be along soon

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Thanks for the comments Sabre. On re-reading my documents, the summary warrant was granted against me in 2009, and this is now a Charge for Payment they have issues. Just to give you guys an update, my council are behaving like spolied children. Ive had word from my advocate that the council basically arent speaking to them and CA are just restating what they said before.

 

This basically all happened because I became self employed and Ive had over 1k in council tax demands since October. So much for helping people.

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