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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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Tred McKnucles

Parcel Hero smashed my cooker!

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Hi there CAG Community.

 

I recently bought a new (ex demo) cooker from a retailer in Birmingham at a fantastic price (£200 quid less than standard retail), the retailer does not deliver to Cardiff, so they said i would need to arrange my own collection & delivery.

 

I found Parcel Hero on the tinterweb & after inputting all the details (including a full product description) they came back with a price of £49 for a next day delivery. Unbeknownst to me at the time, cookers are on their prohibited list.

 

The following day they collected the shipment (via TNT) who then took it to their nearest hub (Llantrisant, nr Cardiff) to be readied for delivery to me.

 

I took a phone call the next morning from the retailer, who said that TNT had called them (why?) to say that the parcel had been damaged, I called TNT & they confirmed that they had smashed both the oven & top oven doors & the cooker would not be put out for delivery until they had been given instruction from Parcel Hero.

 

I called Parcel Hero to say that a broken cooker was no good to me so could I send it back to the retailer in Birmingham whilst they sorted the damage.

 

It was at this point that they said that cookers were on their prohibited list & as such they (nor TNT) were liable for any damage.....So as it stands, I have no cooker (its back with the retailer) & am £400 quid out of pocket. :violin:

 

I have photos of the cooker before shipping & after showing the damage along with copies of online chats & email correspondence I have had with Parcel Hero

 

I wanted to know,

 

1: Do I have a case for claiming a refund for the damage based on the fact that the item was clearly labelled as as a cooker, both with my initial on line enquiry & with stickers on the packaging

 

2: Should i just write off the £400 quid & put it down to my own stupidity (cheap is never good folks!)

 

3: What should i do with the remains of my cooker?

 

4: Anyone else had similar issues with Parcel Zero & what was the outcome?

 

Thank you in advance for taking a look at this.

 

Tred.

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All I know is I've used couriers on many occasions and the 1st thing I look at is terms of carriage and prohibited list.

If its glass I use a courier that accepts glass

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Cheers Sgtbush. This was my first experience of booking a parcel collection/delivery. If I had been a time served parcel pro, I suspect I would have looked at this first too........

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Its called due diligence.

Buying anything including services require it. It stops problems later on.

 

Others will advise on a course of action, if their is one, but as I see it if its on there prohibited list or a list which states you take liability then you may be stuffed.

However others will advise on the fairness of such contracts.

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Yeah, I get it, but their website is potentially misleading (to the uninitiated like me) & yes, I may have had my pants pulled down on this one, but if my story saves someone else from a similar fate then it hasn't been completely in vain...

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Thread moved to the appropriate forum..please continue to post here to your thread.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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Any contract can be varied so theoretically when you told them it was a cooker and they accepted the contract and your money they also accept the new conditions you have both agreed to ( they shift a cooker, you pay them to do so). For them now to point out that they dont accept such items is unfair UNLESS you used a form that has no input from their side before you paid so they couldn't reject this new revised contract.

 

The indication that there was offer and consideration is strengthened by the fact you input certain details and they had to come back to you with the price for you to then accept or decline make me think that a contract was formed.

 

As you paid them the retailer has nothing to do with this so not such a good move to have it returned to themas a prelude to getting them to pay up, how are you going to photograph the damage for example?

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Hi ericsbrother:

 

Many thanks for your input.

 

After having another look on their parcel booking site, there is a 'I have read and agree to the Prohibited items and Compensation exclusions list' tick box, which must be ticked before continuing, but after the details of the shipment have been input....So I guess I am up that creek that i can't remember the name of, without a paddle.

 

Ref sending the item back to the retailer, they have been fantastic & I have nothing but good things to say about them, they even sent me pictures of the packaging before it was despatched & pictures showing the damage when it was returned.

 

I have also started a complaint thread with the OFT but not sure how far that will get me....

 

Cheers.

 

Tred.

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no, that is the point of an individually negotiated contract. If they delayed quoting you a price it is because they were considering your counteroffer to their offer and then accepted it. They then cannot rely on the wording of the tick box, they should have said NO rather than giving you a price.

Your call, play along and do yourself down by this or at least write a stiff letter pointing out all of the points made about individual contracts and they might just see that it is cheaper to pay for the doors rather then risk losing a claim that could have a serious impact on their business model in the future and even get them in bother with Trading standards for false advertising

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