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    • Well done on your victory!  👏   You must have a magic touch, it's extremely rare that the PPCs accept an appeal.
    • Court hearing today. WON on all counts of claim. The win though is not the interesting bit, but the ‘why’ is really useful. We were allocated 90 minutes but it took two hours by telephone . The defense were represented but I failed to note whether by a solicitor, barrister or other advocate.   As soon as the judge finished the introductions and before he had time to pass the time over to me to explain my case, the defense interrupted and asked the claim be struck out. He then spent the next 40 minutes discussing with the judge that I had failed to properly serve my bundle upon which I intended to rely. The judge asked me to explain and I said I had served the bundle to them and the court 3 days before the deadline, by signed for post with a tracking number to the address named in the summons being the Royal Mail Head Office in London. I said it was a bit rich that they were making this request when they had failed to serve me and the court with their bundle within the deadline and that I had only just received it. They quoted a certain principle of law (which I failed to write down) which explained that service of documents must be made to the address which either party may request service to be made. They claimed that six months earlier when they lodged their defense to my summons, the covering letter had been sent from their Sheffield office and it constituted the address for future service of documents. I of course had no idea of such a requirement and said that a simple letter heading on a piece of correspondence was not the same as a formal sentence in a letter requesting such future service. It gave the judge some concern but he decided to park the issue and allow the hearing to continue.   I was able to explain my case for the £50 compensation for the lost parcel using the evidence from the defense bundle referencing the Overseas Post Scheme. It was all straight forward. I explained the facts and let them speak for themselves. I then moved on to the delayed Special Delivery items. This is where the fun began because I had to argue against their terms and conditions. I used the defense bundle referencing the UK Post Scheme. I quoted from various clauses which explained the rules relating to claims. That ALL delay claims must be made within 3 months, then that Special Delivery was actually 14 days so not 3 months after all, then another clause which confirmed the deadline was 3 months for all delay claims. I quoted further that these were “common terms” and that some services (Special Delivery was one) had additional terms which were called “specific terms”. Another clause stated that where a conflict arises between common and specific terms, then specific terms took priority. So I turned to the Special Delivery section to quote the specific terms as these would have priority. There was only one term that referenced claims. It simply said If we do not succeed in attempting to deliver by this time (being the next day) we will refund your postage. I used this single phrase to take priority over the 3 months  or 14 day deadline mentioned in the common terms. I discussed how the various clauses conflicted with themselves as if the clauses themselves did not know what the deadlines were and how ambiguous and confusing it was.   The time was then past to the defense and he started to argue there was no contract nor liability in tort (a substantial portion of their written defense document and bundle discussed this argument). It made me smile because I was ready for that. The judge though was ahead of the game and (especially because 40 minutes had been wasted at the beginning) he did not want to hear of it. After about one minute, he stopped the defense by saying exactly what I was preparing to say. Simply that I was not suing under contract or tort but under the conditions of the various postal schemes for which they were liable. He asked the defense to answer my claims. The defense then prevaricated trying to argue the clause that distinctly mentioned the 14 day time limit within which to make a claim for delay (which of course it did) ( as an aside, most people might accept that deadline and not bother to pursue a claim). He had nothing to add about the lost parcel.   Time had run out, we had no questioning and the judge said he was summing up. He was quite happy I had served my documents sufficiently well and took the view that the defense had fallen foul of the court order so he was cancelling out the question about valid service. He had no difficulty in accepting the claim that the lost parcel was valid and awarded me the £50 compensation. He then spoke at longer length about the delay claims and the conflict in the clauses. (at this point I had no idea which way this bit would go). Then, he spoke of how a business such as Royal Mail should not be accepting clauses in their contracts which were clearly inconsistant. (that’s when I started to relax), (and then the best takeaway of the hearing), He said that common law provides in the event of a standard contract if there is any ambiguity, the interpretation should be judged against the person drafting the contract. He called it Contra Proferendem. (I had no idea of that concept but had effectively explained it anyway). I was awarded the whole claim plus costs. The defense asked for permission to appeal which was refused.    Remember the phrase “Contra Proferendem” . I shall be looking more into it. I am sure it will come in handy against any institution that have drafted contracts that cannot be individually negotiated. And will certainly be useful for a long while yet against Royal Mail et al.
    • The White House highlights the upcoming offer of free trips in the US by the ride-hailing firms. View the full article
    • Original loan was £5000 unsecured over 5 years, 28 payments remaining, he wanted to extend it back up to 5 year.........the bank offered him £6700 to clear his credit card and the bank loan, £135 per month from the original figure of £121    One debt of two years old and one debt of 15 months        
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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JamesHarrison Cars Yardley Solihull/ Lee Hudson- Junaid sajad


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The photos were not removed but moved onto the threads of the user that posted them here..

 

 

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... 

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But no photographs of the young man in question. This lady has come from the police says that she has copies of photos of the young man in question and we certainly need to see those because that is very concerning.

 

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Hi, My name is LouiseAnnMarie

 

I work for West Midlands police and I have been following these treads online very closely, I have now been in contact with this young persons family and sat down with the boy your accusing and his family.

 

First of all he is only 17 years old , you have the completely wrong person he’s currently studying at sixth form the family were very welcoming and I sat down with them and showed them everything

 

I  have advised them strongly to fill a report with my help regarding everything to West Midlands police and I can confirm that the report has now been filled and logged with West Midlands police regarding this matter.

 

The young boy’s family are very unhappy with everything that has been said on this threads about there underage child, whoever has sent you in this direction to upload pictures of this young child, and post his name and address all over the internet will be seriously penalised and the police will be in contact very shortly,

 

I will also be in further contact with each of you individually very shortly along with 2 police officers. it’s very very highly unlikely that a 17 year old boy who hasn’t even got his driving license yet could have done all of what has been said on these threads.

 

He was in distraught and in tears when I met with him at his address and I won’t be taking this lightly. This is completely out of order and you should be ashamed of yourselves, mark you have been reported to West Midlands police and they are looking into this matter as a matter of serious urgency.

 

Next time be very careful who you accuse and do proper research if you have issues regarding the purchase of vehicles you need to be sure who you have paid and it is impossible that it could be someone who is under the age of 25 instead of causing so much distress to this young boy and his family

 

I URGE you ALL TO REMOVE all pictures of this boy of this site and to REMOVE his ADDRESS if you refuse to do so then this site will be reported to the police also, it will be all over the news that this is what you do on these sites to underage children, you do not know how much trouble you have got yourselves into he is a child who is underage and you can be SERIOUSLY penalised for everything you have done take this as a FIRST AND FINAL WARNING. 

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Hi bankfodder,

 

These are the pictures that need to be removed IMMEDIATELY.  The gentleman junaid sajad who is plastered over this post is only 17 years old I request you to remove these now as he is a minor who is underage. 

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Hi Louise

There are some discrepancies in your comment as at the start of your comment you stated

‘ I work for West Midlands police’

yet towards the end of your comment you stated

‘ I URGE you ALL TO REMOVE all pictures of this boy of this site and to REMOVE his ADDRESS if you refuse to do so then this site will be reported to the police also’. 


This is raising suspicions as to the whether or not you truly are a member of the police. 


If you are a member of the police force you will be aware of the Police Act 1996 C.16 Part V Offences Section 90 - where it states ‘ Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both’. 


I hope you truly are a member of the police force as it would be great if police were investigating this matter. 

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I'm sure she is a member of the police. I think it's very public spirited to come on here and its very caring to take an interest in this person.

I look forward to receiving an email contact from her to our admin email address as has been promised.

 

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Hi Louise

There are some discrepancies in your comment as at the start of your comment you stated

‘ i work for West Midlands police’ y

et towards the end of your comment you stated

‘ I URGE you ALL TO REMOVE all pictures of this boy of this site and to REMOVE his ADDRESS if you refuse to do so then this site will be reported to the police also’. 


This is raising suspicions as to the whether or not you truly are a member of the police. 


If you are a member of the police force you will be aware of the Police Act 1996 C.16 Part V Offences Section 90 - where it states ‘ 

 

1)Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both’. 


I hope you truly are a member of the police force as it would be great if police were investigating this matter. 

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Please keep to this thread now..

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... 

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Hi mark,

 

There isn’t any discrepancies in my comments at all, I do work for West Midlands police and this can be verified by the concerning party in addition, I have already filled a reported as this is what the family wished to do, if you read carefully it says I will also report this website and it’s admins if they accept this sort of behaviour, it is against the law to post pictures of a underage child on the internet including personal information which includes addresses age pictures etc

 

The boy who you have spoke about is 17 years old and is classed as a child you need to remove all pictures and personal information or this will excel into something a lot more serious I have warned you already if you don’t wish to listen and oblige to what is the LAW. I will make sure you will be prosecuted.

 

If it was your 17 year old child I’m sure you wouldn’t like for pictures of them to be plastered over the internet
 

Thanks 

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2 minutes ago, louiseannmarie said:

Hi mark,

 

There isn’t any discrepancies in my comments at all, I do work for West Midlands police

 

In what role? Are you a police officer?

 

 

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Hi ,

 

I don’t need to correspond with everyone who messages I will only liaise with the admin of this website going forward, I have tried to be fair and help by asking to keep personal information pictures etc of a underage child of the internet as this is against the LAW and will create many more serious problems

 

However, answering your question

 

I deal with all aspects of cyber bullying / online crime. 

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The discrepancy in your comment is the fact you stated you worked for the west midlands police and you then later went on to say you would report this website to the police, please explain why you would report a forum website to the force you work for? Would you not investigate it yourself? 

 

You have also failed to acknowledge the complaints of all the victims of this individual who you claim is a 17 year old child and could not have been capable of doing any of this, so what you’re saying is that none of these fraudulent and evasive crimes were committed and that we should remove all findings due to you individually going out of your way to go to the suspects family home and not getting in touch with any of the victims about your findings, instead you, an alleged member of the police force, has come onto this forum website to disclose information about your investigation?

 

You, an alleged police officer, have also blackmailed the members of this forum to remove their findings or you will threaten to prosecute, is this how prosecution works?

 

I look forward to hearing from you LouiseAnnMarie

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8 minutes ago, louiseannmarie said:

 

 

I deal with all aspects of cyber bullying / online crime. 

 

Just so I'm clear then, are you posting here in an official capacity on behalf of the West Midlands Police? There's no reason for you not to answer that.

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There isn’t any discrepancy’s whatsoever this will be my final comment and then I will deal with this matter with the admin of this website and I will make sure justice is served.

 

Clearly you are not a police officer so you are not sure how this all works , however it does not need to be explained I have given my advice so that matters don’t blow out of proportion and people aren’t prosecuted legally, however if you are not interested in listening to what I have to say then by all means the law will deal with you.

 

I ask you to be prepared for a visit by West Midlands police I can assure you if you carry on posting pictures of a underaged child on the internet you will be arrested and prosecuted this isn’t blackmail it is against the law to post pictures of someone under the age of 18 online without there consent this is the LAW right now the LAW is being broken therefore there will be consequences I shall not be replying and will make sure matters are dealt with correctly. 
 

Thanks.

 

 

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so he's moonlighting as a dodgy car saleman then or fronting the operation to/for someone else that does.............

we're upto 16? users here with cars now this gang under various trading names have ripped people off on......

me thinks one needs to get ones priorities right ......

 

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... 

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junaid cars.PNG

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I find many inconsistencies in the posts from Louiseannmarie, not least her reference to her 'badge number'. Since when have the British Police held badges? They are issued with a warrant and use collar numbers for identification. Possibly has watched too many American movies!

 

'Her' spelling and grammar are less than I would expect of a Police Officer and her threat to report the site to the West Midlands Police, whilst claiming to work for them does not ring true. 

Suspect that 'she' is a troll.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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I’m wondering how and why this person has got involved? She states that she works for West Midlands police in the cyber bullying/online fraud department. How would this have come to her attention?

 

The only picture that I have seen of someone on here was posted on Facebook 6 years ago - maybe 17 at the time but would be 24 now. No one is physically threatening this person or has anyone contacted him through Facebook (have they?) We, as victims, are merely conducting our own research, as it does not seem to be of interest to the police - more a civil matter.

 

My son in law holds the same position as the author with Staffordshire Police and he told me that he would be dismissed if he provided this information online. In fact, any official contact from the police must be made through the appropriate channels, including the officer’s full professional details. This is not an official police warning. 


Knowing what I do about this slippery car dealer and the fact that HE follows these threads, I would be more likely to believe that this has something to do with him.

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14 hours ago, Ethel Street said:

Just so I'm clear then, are you posting here in an official capacity on behalf of the West Midlands Police? There's no reason for you not to answer that.

 

@louiseannmarieI will take your silence to mean you are not acting in any offical capacity on behalf of West Midlands Police.

 

  • Haha 1
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organised criminal gangs pull all kinds of stunts......

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... 

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  • 1 month later...

Well we still haven't had any further contribution from @louiseannmarie and her West Midlands police buddies. Presumably this person was trying to frighten us into removing the discussions about this bunch of car dealers in Solihull.

 

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Or if they do work for the Police service, they have been informed that they should not be adding posts to online forums and social media.

 

Given that Police officers and any staff that work for the Police service would be told clearly during training and regularly reminded, that they should never post anything on any social media platform saying they represent the Police.  And if they were found adding such posts as seen on CAG, this would be seen as gross misconduct and lead to them being sacked.

  • Haha 1

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

 

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

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Oh dear.

Oh dear, oh dear.

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