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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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    • Gi-
      Csa arrears / pip

      By Gi- · Posted

      Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • jk2054
      CPR 31.14

      By jk2054 · Posted

      alright
    • AndyOrch
      CPR 31.14

      By AndyOrch · Posted

      Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Gi-
      Csa arrears / pip

      By Gi- · Posted

      Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • edjama
      Lowell/Overdales Claimform - OH's old estimated dualfuel EON debt - she was never on nor had an EON contract nor was resident over the complete period of this final bill.

      By edjama · Posted

      She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.

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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.

      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Default Judgement Against Securitas Security Services (uk) Limited *** Counter Claim Struck Out ***

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BazzaS

BazzaS

Posted
Posted
Question is why do companies ignore thier employees or even ex-employees ?

 

Still irrelevant to your claim. Their actions are done now, you can't make them change, only they can choose to do so as a result of events.

Focus on your case, trying to work out why they have done what they have done or trying to make them change (other than doing so by beating them in court) is wasted time / effort.

 

Why not start a thread in the Bear Garden where you can rant about how unfair they are, and leave this thread focused on the case........

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ericsbrother

ericsbrother

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aye, but commomly these are at the court nearest to the applicant of the set aside if it is going to be decided on the papers. Objecting to a set aside is not that common a thing, it does happen of course, happened to a friend of mine who had a judgement in his favour set aside twice when the defendant failed to turn up of the court dates. The sod then tried to counterclaim for the costs of attending the third hearing but that was dismissed. This is why you need to see the set aside application and if you think their reason for applying is worthy of comment request a hearing. It may be that an order is made that your objection will be in writing only to keep costs down.

All hearings should be in your local court as litigant in person verses a company......most default judgments are usually granted a set a side hearing...then its down to the reason offered for not acknowledging or submitting a defence
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AndyOrch

AndyOrch

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aye, but commomly these are at the court nearest to the applicant of the set aside if it is going to be decided on the papers. Objecting to a set aside is not that common a thing, it does happen of course, happened to a friend of mine who had a judgement in his favour set aside twice when the defendant failed to turn up of the court dates. The sod then tried to counterclaim for the costs of attending the third hearing but that was dismissed. This is why you need to see the set aside application and if you think their reason for applying is worthy of comment request a hearing. It may be that an order is made that your objection will be in writing only to keep costs down.

 

Where to make an application

 

CPR23.2

 

(1) The general rule is that an application must be made to the court or County Court hearing centre where the claim was started.

(2) If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

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AndyOrch

AndyOrch

Posted
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trouble is he won a default judgement so Northampton CCBC would be thei original court

 

Northampton simply transfer any applications to the Litigants County Court...Northampton is only a CCBC..they dont deal with claims apart from default judgments.

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ericsbrother

ericsbrother

Posted
Posted

paperwork also sometimes gets sent to Wigan for some reason. However, you get the drift, a default ist really heard so you need to poke them.

The default judgement was made at The county court centre in Salford. The older system was much quicker.
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letsmakeamark

letsmakeamark

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I havent seen the papers recieved yet but apparently BBC Cameras were following the enforcement agents when they enforced the Default judgement. Will write up what the application says etc. Also apparently they are following this thread.

So whats cooking today ?

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ericsbrother

ericsbrother

Posted
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so, now at your local court? This is what it should be for an individual and a corporation regardless of who is defendant. You now have the opportunity to say why the judgement shouldn't be set aside. Stick to the facts and to the law, take your paperwork with you so you have written evidence rather than just oral. This is important when referring to other cases/bits of law etc, no-one will look them up as it is your job to make your case.

 

Basically of your papers were served correctly the fact someone in the company forgot to pass them on or didn't take it seriously enough to file a defence wont win then a set aside but you need to show procedure was followed by having a copy of the CPR's and be able to show that everything was done correctly by you and even after the event you did your best to get the matter sorted before sending in the bailiffs.

 

When did they start following this thread? That itself can show they know about the claim before the bailiffs got involved. You may need to ask the judge to get them to show their hand on this as I'm sure they wont voluntarily admit knowing and ignoring in the hope that you would run out of steam.

 

Then look into the facts of the case, they say they reckon they can get the claim overturned- on what grounds? Obvious one is they dont owe you the money so you need to show your figures and show why they are correct and the reason for suing is sound. May be they say it isn't a breach of contract but another matter that should be dealt with elsewhere so you need to show that correct procedure, lawfulness of claim etc. that mead reference to employment act etc. basically anything you can think of should be taken with you

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letsmakeamark

letsmakeamark

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In their application to set aside they have stated that they were unaware of the judgement. They also claim they had no contact from me and they had no contact from the enforcement agents. However they managed to make a payment to the enforcement officer the day before they arrived to execute the writ. Also they claim that BBC cameras were also following the enforcement agents .

So whats cooking today ?

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BazzaS

BazzaS

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In their application to set aside they have stated that they were unaware of the judgement. They also claim they had no contact from me and they had no contact from the enforcement agents. However they managed to make a payment to the enforcement officer the day before they arrived to execute the writ. Also they claim that BBC cameras were also following the enforcement agents .

 

 

Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

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letsmakeamark

letsmakeamark

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Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

Ok.

So whats cooking today ?

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letsmakeamark

letsmakeamark

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Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

Yes they have. Just reread what you have asked.

So whats cooking today ?

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BazzaS

BazzaS

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Have they put these in their application? If not : irrelevant.

 

Yes they have. Just reread what you have asked.

 

Good, as if you know what is in their application you have a copy of it to post up ......... so that a rebuttal can be derived (primarily focusing on the promptness [or lack thereof!] of their application......? )

 

surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

New hearing date received for set aside application. See what happens.

 

When is it listed for?

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letsmakeamark

letsmakeamark

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Good, as if you know what is in their application you have a copy of it to post up ......... so that a rebuttal can be derived (primarily focusing on the promptness [or lack thereof!] of their application......? )

 

 

 

 

 

When is it listed for?

 

11th August 2017

So whats cooking today ?

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Ganymede

Ganymede

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No order as to when reply is due in . Just waiting to get hold of paperwork to do a word by word thing.

 

There will be no Order as there is no official reply.

 

You can submit a witness statement opposing the application if you want.

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BazzaS

BazzaS

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In their application to set aside they have stated that they were unaware of the judgement.

 

Remind me : what have you received that shows what is in their application , and when did you receive it?

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