Jump to content

  • Tweets

  • Posts

    • Hi Everyone, hope you are all keeping well in this strange new era.   On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.   He paid for additional insurance along with the transportation of the item, to the tune of £128.75.   He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.   The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.   He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.   UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.   I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.   Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.   I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.   If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.   Thanks and kind regards   Mr B                 pox.pdf
    • From December, NS&I is phasing out posting warrants - a type of cheque - to winners. It instead wants bondholders to provide bank details so it can pay the money into their account. View the full article
    • Hi. As you can probably presume by the time this has been posted, I am annoyed. Long story cut short is we bought a new build, got a professional snagging company to come in and make a list of things that needed doing and am now still in the process of liaising with painters / electricans, etc. There has been significant disruption with arranging to be in to help guide the various workmen, etc, let alone the complexities of Covid to deal with as well as having two small children. Tonight we were up until quite late having to prepare things for a painter to come tomorrow to fix all the awful painting and marks on walls / poor finishes, etc. This has (and has had over the last few weeks) had a knock on effect with being tired, work being affected, let alone sooooo much time wasted on discussing the various elements with the developer (who hasn't argued with any of the painting, poor electrics, etc that has to be done). My question is has anyone ever claimed redress for all the wasted hours that have to be spent on doing things like this because a developer rushed to get a house ready on time?
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Recommended Posts

Hi Guys,

 

My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.

 

Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake.


At the same time her work colleague did the same.

 

Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.

 

Both received claims forms and didn't fill them in.


Neither of them have received notification of judgement however.


I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file.


If this is the case, what is the way forward? Set a-side ?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites
  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

And for anybody who has the original issue of this thread, following on from advice from the forum and site admin team,   My friend managed to get Horizon to agree to set the CCJ aside

Bankfodder, yes she would be interested in it, they have gone away for the week though, so next weekend hopefully she will find the original POC

I suppose there's no comfort to you but I may as well say it for other people who visit this thread: you've been here since 2010 and the advice here for many years has been not to ignore these letters. And if you hover over the ignore link then it is fully explained as to why.

So it had you not ignored there might be a chance of them not taking this any further because they would then have realised that you were up for a fight. Because it was ignored, they immediately thought that it was an easy kill – and clearly it was exactly that.

You then received claims forms which (sorry) in a fit of wishful thinking someone decided to take the view that they were fake. This is highly unlikely – ever – and is always worth checking up on at least by calling the court office.

There might have been certain defences you could have raised that by and large it is now too late.

I think you will have to suck it up and as you have already suggested, if you pay within 28 days then there will be no CC J recorded against your credit file.

However, I gather that 28 days has passed and therefore the way forward if you really want to have a chance of avoiding the effect of CC J would be to apply for a set-aside and then if you managed to get it, take the opportunity to pay the money. However, you will incur the cost of a set-aside which could be as much as a couple of hundred quid plus the other costs associated with the case which has been bought so far.

Someone else will be a long to give you an idea as to whether there might even be a realistic chance of defending.

Link to post
Share on other sites

Hi Bankfodder,

 

I appreciate you taking the time to reply in length, but had you read my post you would realise that I haven't ignored anything, these are not my claims or CCJ's, neither party is related to me.

 

I first knew about any of this when my best friend called me this morning to tell me his wife and received a CCJ.

Also, I am not responsible of advising them to ignore any of it in the first place, I certainly don't ignore my own.

 

Also as I mentioned the CCJ's were registered 2 months ago, but they haven't received a copy of the judgement so didn't know anything about it.

 

My question was, given that she is perfectly capable of paying the judgement, is the best way forward for her to apply for a set-aside  given that its now outside 28 days

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

They both ignored the claims form.....they both have a default judgment.The fact that neither received notification of judgment may not be enough to convince a court to set a side.

Anyone could state the same to enable further time allowed to settle the judgment.

 

You need a valid defence to push through the set a side.

 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

Hi Andy, thanks for replying

 

Yep, I know that's a bit thin on the ground, but I can't think of anything else.

 

Its whether a judge would accept that not receiving notice of judgement against them has denied them the opportunity to pay it within the 28 days.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Seems strange that both didn't receive a Notice of Judgment...same Court CCBC Northampton. ?

 

Would be an expensive gamble to try though unless you went without a hearing (£100) and made the application pursuant to :-

 

The court’s general powers of management

3.1

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may –

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

So not exactly a set a side...more of breathing space......if it could be proved that either Notices were not sent out or the Postal services were at fault.

Why not give CCBC a ring and enquire re the Notice of Judgment for claim numbers xxxxxxxx...were they sent out was the problem ?

you never know...best I can offer  FORMISTER.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

I would suggest that since the speculative invoice was 1st issued they have moved

Horizon would have gained their details then from DVLA for the time of the invoice

and everything was sent there.

 

sadly they've thus done nothing wrong.

 

dx

 

 

 

 

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... 

 

 

Link to post
Share on other sites

Thanks guys for your input, 

 

Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers.


I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed.

Thanks Again

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

 a court will set aside the judgement as long as they can produce a defence that has at least a possibility of being successful. The requirement to show a good reason for a set aside disappeared a year ago thanks to a Supreme Court ruling so just ignoring the papers wont damage the chances of a court granting the set aside.

A set aside is done via the form N244 and costs £255

Link to post
Share on other sites
Quote

 The requirement to show a good reason for a set aside disappeared a year ago thanks to a Supreme Court ruling so just ignoring the papers wont damage the chances of a court granting the set aside.

 

 

Could you expand on that EB..what ruling ?

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

When I objected to a set aside application by a large company who had by them lost 2 court claims by default the judeg at Hastings CC said that their reasoning for failing to respond and hence by challenge to the set aside were irrelevant because of a supreme court decision that made the set aside  automatic as long as there was a defence that had some likely success. I can give you the name of the judge who told me this but didnt get the opportunity to  ask about the SC decision.

apparently purjury in a set aside application is OK as well becasue it will be granted so spurious stuff becomes immaterial

Link to post
Share on other sites

I think your referring to the following.....but that was after trial.

 

https://www.civillitigationbrief.com/2017/12/18/county-court-has-power-to-set-aside-a-judgment-after-trial-if-it-was-obtained-by-fraud/

 

This is a default judgment...claim forms were received and not acted upon......and Notice of Judgment was never received by both parties...so a different matter.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

no, not that at all.

I complained that the other litigant had perjured themselves in their set aside application and was told that it wasnt relevant because the courts hands were already tied into granting a set aside.

 

So i reiterate, get the set aside application in and it will be granted as long as you have somehting to say in your defence of the original claim.

Edited by ericsbrother
Link to post
Share on other sites

Ok, she phoned the court today and explained that she never received a judgement, the court advised to apply for a set-aside.

 

Is this the best way forward or an application to set-aside or The court’s general powers of management.
 

Just to say, the money isn't the issue and she can pay straight away.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

if a CCJ sitting there on their credit files is going to cause them harm for 6yrs

the only way is to go for a set aside {£255 fee]

 

 

if the set aside is granted

then atleast even if they lose at a later hearing [as the set aside resits things to the time the claimform was issued]

even if they lose again, paying within 28days will ensure it no longer shows or harms them

just cost double the amount of the original CCJ.

 

 

 

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... 

 

 

Link to post
Share on other sites

A set a side does not reset the payment dates...its either set a side and proceeds to trial or dismissed and remains on the CCJ Register. 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

Ok, so what we are trying to achieve is to allow her to pay within the 28 days that she should of been granted had she received the judgement.  Not receiving the judgement denied her of that right and therefore the CCJ will be on her credit file for 6 years.

She would of paid it, had she received it within the time frame.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

And the only way to achieve that is as I have explained at the bottom of post #6

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

Ok so we will go with the Courts eneral powers of management rather than a set-aside.

`

do you know if this is a particular form?

Thanks 
Andy 

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Its still a set a side using the N244 but pursuant to a different rule...but before you attempt to make application you must follow the advice in #6 and find out if Notice of Judgment was sent out ...were there any problems....if the answer to that is no...then pointless using that tact.

 

Quote

" Why not give CCBC a ring and enquire re the Notice of Judgment for claim numbers xxxxxxxx...were they sent out was the problem ? "

 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

And there is also a further option .....

 

 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

Ok great, so first call the Creditors Solicitors and see if they will agree to a Consent Order to make full payment and remove the CCJ, before trying anything else.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Worth a shot....I cant see Northampton owning up to making a mistake..not unless you can catch them out and admit it :sad:

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites
1 hour ago, Andyorch said:

Worth a shot....I cant see Northampton owning up to making a mistake..not unless you can catch them out and admit it :sad:

No, but the Royal Mail admit to losing 500k letters a year (although its estimated to me much higher).

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

But it then becomes the PO error not the courts.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...