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    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  Of course, I refuse to be held accountable - in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
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      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.  

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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.
      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
        • Like

Finance U aka Corner Park Garage - claim form***Claim Dismissed***


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Yes get it settled first then make them suffer

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Yes get it settled first then make them suffer

 

After all this guy has put us through I'd love to make them suffer. My wife is dreading having to go to court, she does even drive only on the agreement because unless she co signed they wouldn't grant finance.

 

After all this guy has put us through I'd love to make them suffer. My wife is dreading having to go to court, she does even drive only on the agreement because unless she co signed they wouldn't grant finance.

 

The court is isn't close, but I can get our statements there personally on the very last day, so I guess with your expertise I've got what I need and its just a matter of waiting for my copy of the witness statement?

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Yes wait for their WS , andyorch will I'm sure go through your ws in reply

to ensure its correctly written

The docs combined with your evidence you now have should certainly see off their case

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Yes wait for their WS , andyorch will I'm sure go through your ws in reply

to ensure its correctly written

The docs combined with your evidence you now have should certainly see off their case

 

Thanks for everything Rouge, have a good weekend.

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  • 2 weeks later...
Yes wait for their WS , andyorch will I'm sure go through your ws in reply

to ensure its correctly written

The docs combined with your evidence you now have should certainly see off their case

 

Hi Rouge,

 

I checked with the courts this afternoon and the payment required by 4th November hasn't been made yet by the claimant, I couldn't get much information from them other than they allow a little extra time for payment - do you have any idea what is the norm for this?

 

The case has also been sent by MCOL to the wrong court, and I need to write in to have it transferred - do you think I should hold off on this for the moment until payment has been made?

 

Thanks

 

RCT

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known the payment to be a few days late, happens quite often

 

Andy best to ask about the transfer,not come across that before

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Been reading this with interest, as I noticed the pre-contract document I have was provided by CCTA, so claimant must be a member to use it? Or should I contact CCTA to verify the fact?

 

The car was repossessed in 2012 the link is a document updated early 2015, is it possible to get ta copy of the code of conduct from 2012?

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I would wait and check again if the hearing fee has been paid and if they follow the directions before you progress with your directions (disclosure/witness statement).

 

Keep your eyes on the dates though...even if they fail to comply you must still follow directions.

 

Andy

We could do with some help from you.

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CCTA code came in 2011, with few variations since

 

You need to read FCA conc 4.2 RCT pre contract disclosure

On mobile at moment, will provide you with some links later

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CCTA code came in 2011, with few variations since

 

You need to read FCA conc 4.2 RCT pre contract disclosure

On mobile at moment, will provide you with some links later

 

Thanks rouge, I've spoken to CCTA this morning, they were members of CCTA and therefore bound by their code of conduct in 2012 which is when all of this occurred. They did however resign as member in 2013. I have membership number etc they were very helpful.

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I would wait and check again if the hearing fee has been paid and if they follow the directions before you progress with your directions (disclosure/witness statement).

 

Keep your eyes on the dates though...even if they fail to comply you must still follow directions.

 

Andy

 

 

Thanks Andy, I will be checking with the court again Friday and in the meantime I will work on my WS so that I can file on 25th as directed.

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Thanks Andy, I will be checking with the court again Friday and in the meantime I will work on my WS so that I can file on 25th as directed.

 

:thumb: Post it here for opinions before serving

We could do with some help from you.

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Thanks rouge, I've spoken to CCTA this morning, they were members of CCTA and therefore bound by their code of conduct in 2012 which is when all of this occurred. They did however resign as member in 2013. I have membership number etc they were very helpful.

Excellent RCT 4.3.2(f) of the code very relevant then

Not surprised they resigned ,not keen on regulation perhaps?

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Excellent RCT 4.3.2(f) of the code very relevant then

Not surprised they resigned ,not keen on regulation perhaps?

 

Definitely, and I think that 4.8.11 is probably relevant also :) all coming together nicely.

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heres your reading RCT, from the Law Commission proposals for Bills of Sale especially s4.3

 

http://www.lawcom.gov.uk/wp-content/uploads/2016/09/lc369_bills_of_sale_summary.pdf

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Hi guys, claimant made payment yesterday. I've been going through my pile of paperwork again and have a question if I may, on 22/07/2016 The claim was issued with the county court for £5,000 and on 22/07/2016 claimant sent me a Notice of Sum in Arrears for the amount of £7,911.68 - this is the first notice I have received, this also says I will already have received a default notice which is not true. How can both the notice and the claim be issued on the same day for two vastly differing amounts?

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Yes you will need to fully cover this and the lack of DN within your WS

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Hi Guys,

 

I'm working on my WS and along with the differences noted in the pre-contract, it took 18 months to receive copies of the signed agreements, involving three written requests to the claimant - with this in mind is this section of the CCA relevant to quote from? http://www.legislation.gov.uk/ukpga/1974/39/section/61A ?

 

Thanks

 

RCT

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Very in depth and succinct ...just a few suggestions.....change all to " I the Defendant " and in your intro at 1. Introduce yourself ..full name and address and that to best of knowledge you submit the following witness statement as a true state of facts to claim brought against you and will state as follows.....

 

Then go into your statement.

 

Unless your have previously made a Part 20 counter counter claim with your initial defence then you must make an application (using the N244 and fee) to submit a counter claim...you cant tag it onto a witness statement... unless as stated it was already included within your initial defence.

 

Regards

 

Andy

We could do with some help from you.

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Thank you very much Andy, heck of a task putting that together. I'll adjust you have suggested. There are a couple of areas I need to finish up correctly and a raft of supporting docs to reference- and will look to submit a counter claim application, which I did mention in my initial statement. I'm hoping rouge will also stop by for a look today also.

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Could you post up the copy of the pci that you recently found RCT please

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