Jump to content


  • Tweets

  • Posts

    • The defendant in this case is Parcel2Go.com Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper via the Defendant's service containing which contained two handmade bespoke wedding trays to a customer with  under  tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was The Defendant informed me that the parcel was being returned to me but after waiting three weeks I was informed by the courier that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. The Claimant did not purchase the Defendant's insurance policy as requiring people to pay extra for rights already guaranteed under the consumer rights act 2015 is contrary to section 57 and 72 and therefore unenforceable. The Claimant rejected the Defendant's standard compensation offer. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015.   By failing to ensure the safe delivery of the Claimant's parcel the Defendant breached section 49 of the CRA 2015.   AND THE CLAIMANT CLAIMS £370.00 being the value of the lost goods £xx.xx being the price of shipping and interest pursuant to s69 cca 1984.   See what BF thinks but I think something like this is better. Remember you are suing P2G not evri.
    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
  • Recommended Topics

the don versus halifax !!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6353 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello am new here so please excuse any inaccuracies !

I have three accounts with the same bank - Halifax,

do i send one data letter with all three account numbers on it as it says in the letter "all history with your banking organisation"

or do i send three seperate letters to them ? Any advice is appreciated cheers

Link to post
Share on other sites

  • 2 months later...

hello everybody !

i have sent my first lba on the 16th november and received a swift response from Joanne Carmichael a customer relations officer, in it she says that they are sorry i am upset with the charges made against my account that they are going to lookinto those complaints and will get back to me no later than four weeks ! very nice ey lol

so i am just wondering do i send her a letter back telling her i am proceeding anyway or ignore it and stick to the timetable ie wait another seven days then send final lba ?

cheers

Link to post
Share on other sites

hey there only me again ! well just received another letter fromthem today informing me that am overdrawn by some 150 as they have continued to charge my dds eventhoi cancelled them !! if my account is od does that affect my claim ?

Link to post
Share on other sites

right have checked with the bank today an they got cute saying can you remember who it was you spoke to about cancelling them ??? when i signed a receipt cancelling them etc ???!!! there is no record of it basically accuced me of lying !!

so now do i have to put the 150 back into my account to proceed with my case or do i just add the charges to my lba ?

Link to post
Share on other sites

hiya everyone right this is absolutely mad !

I sent off two sars back in ocotber 6th one for me and one for my pal, nothing has come for my mate i have had all my information sent to me !

so last week onthe 17th i sent the template letter asking for the statements again

TEMPLATE LETTER 3

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully __________________

 

at the same time that i sent my prelimary letters for my claim to the same address, guess waht happenend next ! i got a nice fob off letter from customer relations my mate still aint heard anything !!!

 

So when the time expires for them to respond does he proceed with the claim as outlined by alan form derby ? doing that Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages will that cost a lot ?

Link to post
Share on other sites

hey everyone hope all is well !

right am about to send halifax my LBA jsut got a couple of questions

do i include my sar fee or claimthat later in my court claim ?

is it alright if i just claim ordinary 8% interest later too with that court claim ? i arent claiming for any overdraft jsut bounced dd's cheers

Link to post
Share on other sites

  • 2 weeks later...

hey everyone i have a quick question i have got two accounts with halifax that i am trying to get the charges refunded on am gonna be at the MCOL stage this friday so was wondering how do i go about submitting this claim with both accounts in one claim wording etc not my strongestpint so any help would be appreciated i dont wanna give them any excuse to mess me about about at this stage cheers

Link to post
Share on other sites

  • 5 weeks later...

hey everyone hope your all having a great weekend i think i have made a huge mistake with my claim !

i filed on the 28th december online for 1000 but i thought that you waited until the bank or their lawyers got in touch with you before you send them the spreadsheets and full particulars of claim !!

the 14 day period expires on monday and i aint heard anything from halifax or their lwayers so am a bit nervous is this normal have i messed it up ?

Link to post
Share on other sites

This is why it is always suggested that anyone wishing to make a claim should read the FAQ's (http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/), read the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html, and read lots of other threads - so you're sure of what you are doing before you start.

 

In effect you've gone straight to court and claimed there, without giving the bank reasonable opportunity to deal with the claim. I'm not sure what will happen, the Halifax will no doubt put in a defence and part of this will say they had no knowledge of the case.

 

See what comes back from court, you may have lost your court fee through doing it this way but could re-start the claim properly ?

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

hey there thanks for your reply i have sent the dpa request then the prelimary letter then the LBA all within the required time frame and reeived letters back from the bank about these its just when i filed my claim at the MCOL stage i didnt then send the bank and court the spreadsheets and further info except what was on the MCOL form have received notice of issue form the court on the 28th of december but as yet heard nothing from the bank

Link to post
Share on other sites

Ah, now that makes a bit more sense as to what you've done. You have followed procedure and arrived at the court stage, from your post it looked like you had just filed at court without any of the correspondence with the Hx.

 

When you file with MCOL some people send copies of the spreadsheet to support their claim, but it may not be needed at this stage. The Hx should have up to date figures for your account, so will be able to cross-check the amount you've claimed. If they disagree with the figure they'll be quick to say so.

 

If they intend to defend then MCOL will allocate the case to a local court, they will not deal with it themselves. The court should then ask for supporting documentation.

 

What will probably happen is that you'll hear from the court around the 14th day to say the Hx are defending the case. If it all goes according to their usual timescales they will go no further than that, and will pay the claim within a few days of that. Once it's cleared into your account you would need to notify MCOL, or the court if the case was allocated to one, that the claim has been settled in full.

 

It is not unusual for the Hx to keep very quiet and not let you know anything, they'll deal directly with the court for now.

 

Sorry for any confusion in the last post, it did sound like you'd jumped the gun though. Looking back through other posts you've made I could see mention of the SAR and LBA, perhaps a PM to a moderator would help as they can pull everything into one thread for you.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

hey there thanks for the reply mate i know my postings have been a bit all over the place ! lol am learning now though ! well the 14 days was up yesterday checked today and its been acknowledged by halifax which buys them an extra 14 days from now or an extra 28 days am not quite sure which ?

Link to post
Share on other sites

WOOO HOOOO !

i won i won i won

it happened just like you said went home checked my post an was al etter from them saying due to commercial reasons wouldnt be able to afford teh costs as wuould be snmall claims YEAH am gonna just say thanks to all this site is great#have told all i know about it an gonna donate asap ta ta ta

Link to post
Share on other sites

hey everyone i have just a query as am about to claim for my second halifax account have done the process statements prelim lba all within the timescale and received usual responses from them. My question is as i sent my LBA to them on the 16th December can i submit my claim now as it is well past the 14 days or do I send another LBA ? cheers

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...