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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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    • Madmart58
      Lost items sent through Parcel2Go and EVRi

      By Madmart58 · Posted

      Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Angryman1404
      IDRWW letter and email received this week

      By Angryman1404 · Posted

      Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  

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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.

HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

isbo

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AndyOrch
AndyOrch

So when your in court inform the judge that the claimant has failed to comply with his directions and failed to disclose any documents or witness statement on you...so barred from relying on any docum

AndyOrch
AndyOrch

MB is correct always use the claimants failure to comply with directions to your advantage...and request sanctions be imposed...never contact the Solicitor and give them the heads up of their failings

jackreacher
jackreacher

I also agree what MB proposes should happen.. However The reality for me and many others was different. For my first 3 cases I played it the 'don't tell them' way... No real joy the claimants did

Guest

Guest

Posted
Posted
Like I said, it's a fair point. Please don't be angry with me for it, I am sorry that my reaction to stressful situations reacts that way. Others lash out, this is my way.

am not angry :)

i've helped you on the way. and wish you all the best.

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jaycwl

jaycwl

Posted
Posted
I heard nothing until today Ford. I've received a letter today saying it's been adjourned until October the xth, and to provide evidence of my illness, which is fine. Should I now make an effort to reach a settlement in full (would they let me pay this in installments?)?

 

This is why they do it mate, because people get frightened and give in last minute then pay. Just my opinion and im relatively new here but see what the rest think.

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isbo

isbo

Posted
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Posted
This is why they do it mate, because people get frightened and give in last minute then pay. Just my opinion and im relatively new here but see what the rest think.

That's a good call jaycwl, never thought of it like that. I'm too naive...

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jackreacher

jackreacher

Posted
Posted

Keep demanding the original documents....you will note at point 6 the court has ordered the ORIGINAL documents are brought to court. Keep contesting the prescribed terms and conditions are not what you signed and they need to bring the originals..

 

Do not let them bring anything other than the ORIGINALS.. Write and email them and point out the Court has ordered the Originals and you demand they obey the Courts orders.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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dx100uk

dx100uk

Posted
Posted

Not court

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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jackreacher

jackreacher

Posted
Posted

The Claimant has been ordered to bring the Originals..not copies to court on the day . Write to the claimants solicitor pointing this out, thereby making them aware you know they must bring the original documentation

 

and you need the originals as you believe what they have provided is not the same agreement as Originally signed.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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dx100uk

dx100uk

Posted
Posted

all what I received is in post 196 [20 pages]

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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martin2006

martin2006

Posted
Posted

Hi Isbo, bearing in mind this is BC, there is plenty of history of them leaving it till the very last minute, ive heard very little with my BC case, albeit i'm taking them to court, still had no comms since failed mediation a few months ago.

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mercyblue

mercyblue

Posted
Posted
The Claimant has been ordered to bring the Originals..not copies to court on the day . Write to the claimants solicitor pointing this out, thereby making them aware you know they must bring the original documentation

 

and you need the originals as you believe what they have provided is not the same agreement as Originally signed.

 

Why on Earth would you write to their solicitors telling them they need to follow the court directions? If they don't follow them that's their problem and you could use their failure to your advantage in court.

In view that they have been ordered to produce the original in court how could they possibly provide the defendant with the original?

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jackreacher

jackreacher

Posted
Posted (edited)
Why on Earth would you write to their solicitors telling them they need to follow the court directions? If they don't follow them that's their problem and you could use their failure to your advantage in court.

In view that they have been ordered to produce the original in court how could they possibly provide the defendant with the original?

 

In my opinion always best to do it this way,, Firstly it may be the thing that makes them pull out...then on the day when they claim to have overlooked that particular point your case is based on the actual Originals and they have brought genuine Original copies instead ,,you can then turn round with a letter and hand it to the judge. Forcing the judge to make a decision. He has ordered them to be produced and they have disobeyed despite the defendant reminding them.

 

 

 

If you just turn up on the day without that letter the judge is less likely to adjourn or give you the win, when they have after all brought so called genuine original copies.

 

Also If they are claiming they are genuine copies of the original there needs to be a signed sheet confirming this by the department head. I can give you more details of this nearer the time . Hopefully this wont happen.

 

The more points you can get in your favour the better.

Edited by Andyorch
edited

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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AndyOrch

AndyOrch

Posted
Posted

MB is correct always use the claimants failure to comply with directions to your advantage...and request sanctions be imposed...never contact the Solicitor and give them the heads up of their failings.

 

Andy

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Guest

Guest

Posted
Posted

agree. the order was to send copies 14 days prior (they failed to do that. then at the judges discretion no. 7), and then bring originals to the hearing (wonder if they did bring originals to the hearing, the claimant was represented. and what representations were made by the claimant. whether they were told off. at least costs were reserved).

it was adjourned, so the current order still stands. leave it with them to comply or not.

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jackreacher

jackreacher

Posted
Posted (edited)
MB is correct always use the claimants failure to comply with directions to your advantage...and request sanctions be imposed...never contact the Solicitor and give them the heads up of their failings.

 

Andy

 

 

I also agree what MB proposes should happen.. However The reality for me and many others was different.

For my first 3 cases I played it the 'don't tell them' way... No real joy the claimants didn't give a monkeys about the orders and neither did the judge despite him writing them.

 

I do think if I was represented it would have held some sway but as an LIP ?

 

'They had no excuse as we had written several times before the hearing so they had due warning' The judge agreed they won the case.

 

I did a similar approach for the wife over the original full agreement with a similar successful result. That's not to say the same thing would definitely happen the next time, but I personally would adopt the open approach for myself should the need occur.

 

At the end of the day they either will be producing the agreement or not, despite any letter I write...the letter just puts things in your favour if they don't.

Edited by Andyorch
edited
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WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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martin2006

martin2006

Posted
Posted

Maybe a combination of both approaches would be prudent.

 

Without giving a heads up, the letter reminding them of originals requirement could be sent once into the 14 day period before the hearing.

 

Lets them know you know what was required, but leaves them no time to deal with it.

 

Just thoughts out loud.

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jackreacher

jackreacher

Posted
Posted
Maybe a combination of both approaches would be prudent.

 

Without giving a heads up, the letter reminding them of originals requirement could be sent once into the 14 day period before the hearing.

 

Lets them know you know what was required, but leaves them no time to deal with it.

 

Just thoughts out loud.

 

Sounds like a plan .. interesting to chew the fat over approaches. The courts seem to appreciate a more open cards on the table approach.

 

'They had no excuse as we had written several times before the hearing so they had due warning' The judge agreed they won the case.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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mercyblue

mercyblue

Posted
Posted
Maybe a combination of both approaches would be prudent.

 

Without giving a heads up, the letter reminding them of originals requirement could be sent once into the 14 day period before the hearing.

 

Lets them know you know what was required, but leaves them no time to deal with it.

 

Just thoughts out loud.

 

But what would be the point Martin? Send them a letter telling them I have read the directions? I really don't get it.

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isbo

isbo

Posted
  • Author
Posted

Please don't think I've been ignoring you, I did post replies but they've disappeared. The point is they didn't comply with the original 14 day requirement and it still wasn't chucked out on the day, so why would they fret over the originals request? it's a racket.

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mercyblue

mercyblue

Posted
Posted
Please don't think I've been ignoring you, I did post replies but they've disappeared. The point is they didn't comply with the original 14 day requirement and it still wasn't chucked out on the day, so why would they fret over the originals request? it's a racket.

 

But there really wasn't "the day" it was adjourned at your request - the case has not yet been considered.

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