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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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    • Derek Duvall
      PCN Issued by Euro Car Parks in Sainsburys, Whitechapel, London

      By Derek Duvall · Posted

      I have just received a PCN from Euro Car Parks for exceeding allowed parking time. I have not replied, appealed or contacted anyone from Euro Car Parks but would appreciate any advice before deciding on my next course of action. I have attached letter of correspondence    Euro Car Parks PCN.docx
    • honeybee13
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By honeybee13 · Posted

      It's better to keep advice on the open forum for everyone's benefit. Maybe you could post up the correspondence in a single pdf document and cover up your personal details, reference numbers and so on? HB
    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • OldVWMK1
      Markerstudy - Other driver fled the scene

      By OldVWMK1 · Posted

      Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece

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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.

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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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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
  • Author
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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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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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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