Jump to content


  • Tweets

  • Posts

    • No i don't own any property in UK.   Noted thanks for the help
    • Well done for getting your finances straight....and buying a house!   Are you on the voters role at your new address?   Have you ever had a Tesco loan?          
    • Thanks very much indeed for updating us and also thank you very much for this very helpful message.
    • Dear Bankfodder and CAG team,    Firstly, my sincere apologies for leaving the final checks on my case to the last minute - a major learning for me going through this process is that a lot can happen that is relevant to the case between the time one submits a witness statement and evidence to the court and the day of the trial. In my case, another judgement came to light which was highly likely to influence the outcome of case and I seriously risked missing out on being able to submit this by losing touch with the forums.    Secondly, I'm pleased to say that my claim was successfully upheld at court yesterday - the judge agreed that ParcelHero's terms caused a significant imbalance in the parties' rights and obligations under the contact under section 62 of the CRA 2015. The judge felt that ParcelHero's clause allowed non-performance of deliveries with very limited exposure. The judge was clear that, due to the fact I had stated the full value of the goods, the responsibility of the loss should sit with the supplier, ParcelHero.    Finally - it's entirely thanks to this forum and BankFodder that I was able to educate myself and be armed to answer questions appropriately in court. Anyone reading this should give themselves plenty of time to prepare their court documents, be aware of the specific Consumer Rights Act clauses and be able to make the case, in their works. You don't need to be a lawyer to do this - the judge was really supportive - but you need to know what you are asking in order to be credible at court.    Thanks again - I'm really happy to support anyone else who is in a similar situation and who, like me, has never been to court or worked through anything legal before.    Cheers! Martin 
    • Hello there,  I have an issue to resolve and I’m looking for someone that can help us with an advice.    So we are trying to resolve the issue with Parcel2go about our bike that was lost in Ervis local depot.  I’m a private seller and I sold a mountain bike for £1000. I booked a collection service from Ervi through Parcel2go and after collecting the parcel vanished. When booking I didn’t choose additional protection.    I contacted Ervi about the situation and they said we need to contact Parcel2go. We created a claim over at Parcel2go website and it was rejected.    I followed the other similar thread and followed the beginning steps up to the Complainant Letter. I got a response and now I’m not sure what my next step should be. Should I reply again to their message?  I inserted both Complaint Letter and Parcel2go response below.  Any advice and help will be highly appreciated.    COMPLAINT LETTER: To Whom It May Concern:   RE Enquiry number: XYZ   I am writing today to complain about the decision of my claim being rejected on 03.05.2022.   Below is a summary of my experience with your courier service:   11.04.2022 I bought and booked a collection service from your company by Ervi Collection scheduled on 13.04.2022. I paid £24.99 + £5.00 vat for your service to transport £1000 worth bicycle. I did not choose to get additional protection.    13.04.2022 No courier turned up at any point of the day having my partner wait pointlessly as no one was bothered to inform myself that collection will not happen.   14.04.2022 at 12:35 local courier collected my parcel(X). On the same day at the same time(14.04.2022; 12:35) the previous parcel(Y) has been cancelled by Ervi. I was not informed about two different parcels being created which created unnecessary confusion. The buyer of the item informed me that his tracking system showed the parcel to be cancelled and was not aware of that and even able to answer his questions.   16.04.2022 at 13:22 Ervi app shows message "Your parcel is being sorted at the senders local depot" and that is where our parcel vanishes.   29.04.2022 at 12:01 I created Loss enquiry with order reference: XYZ and straight away got a message that further information is being requested from the courier and that I will be notified if they reply to our request.   03.05.2022 My enquiry has been rejected by Parcel2Go.    The reasoning behind rejecting my claim in this instnce was that the record did not show that I opted against taking parcel protection during the booking. Your company agreed to refund me for the cost of delivery however I do not agree with the outcome. Even though Ervis's tracking and delivery system says the parcel was lost it still remains in their possession in an unknown location. It is rather ridiculous to lose a parcel the size of the bike.  At the end of the day, it is not an envelope.   In this case under the Contracts(Rights of Third Parties) Act 1999 and Consumer Rights Act 2015, I am writing to claim full compensation from Parcel2Go for my missing parcel with a total value of £1000.   If my claim is not approved within 14 days of receipt of this letter, I will issue proceedings against your company through the county court.   Kind regards,   Parcel2Go RESPONSE:   I hope this email finds you well. I can see from your case file, that the claim was rejected as no parcel protection was taken. We can raise a parcels search again with the courier however if this come back negative I am afraid there is nothing further we can do. During the booking process, you were asked to declare the value of your goods and at this point, you would have been given the option of taking extra parcel protection to protect your goods in the case of loss or damage. As this option was declined no parcel protection was added to your order and as a result of this, we are unable to issue a claim for the goods on this occasion. I am afraid, as a company we self-certify all of our claims and would not be able to claim directly from the courier.  In order for us to raise a parcel search can you provide me with the following information.   Full description of the goods-  Make -  Model -  Serial number -  How packaged -  Colour of packaging -  Colour of inner packaging -  Colour of goods -  Number of items- Any distinguishing features (Logos/labels/coloured tape etc)   Thank-you.   Once again, I would like to offer my sincerest apologies for any inconvenience this matter has caused. If I may be of any further assistance regarding this or any other matter, then please do not hesitate to come back to me.
  • Recommended Topics

  • Our picks

  • Recommended Topics

Unknown VCS CCJ - Bristol Airport - Stopping in a zone where stopping is prohibited . Was abroad


Recommended Posts

On 15/11/2021 at 12:18, Zimbird said:

The judge told me my case would now go to the Small Claims Court and she suggested I go onto the Judicial website and read "A Guide to bringing and Defending a Small Claim" and prepare my Witness Statement as the Claim still stands at £257.  I will now hear from the Small Claims Court.

 

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

you should get a general form of judgement or order detailing the date of the new hearing and exchange of WS's is typically 14 days before the hearing.

thats why mcol wont work, its at your 'local' court now, MCOL (northants bulk) plays no part.

 

 

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

Still confused.  When Rmg2020 got their set aside, the judge ordered that they file a defence within 14 days.

 

Zimbird has filed no defence.  Unless the judge accepted Zimbird's draft defence in the set aside application as an actual defence?

 

In any case both Zimbird and Simon should have received some sort of order after the hearing.  "The judge orders that judgement is set aside ..." with maybe more added.  Otherwise how would Simon know the CCJ had gone?

 

 

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

Link to post
Share on other sites

should follow std procedure now

DQ N180

then N157 then.

 

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

Well we are hovering over the post box and will let you all know exactly what happens next

 

I think I will need to check if I still have a CCJ - the judge advised that but I have to give them time - when would you suggest checking?

Edited by Zimbird
Link to post
Share on other sites

can you access your credit file in the UK?

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

This morning a letter arrived from the Bristol County Court it read:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

UPON hearing the parties and upon the parties having already agreed that judgement should be set aside

 

IT IS ORDERED THAT

 

1.  The judgement dated 19 May 2021 be set aside.

2.  The proposed defence attached to the Defendant's application stands as the defence, service dispensed with.

3.  The claim be allocated to the small claims track.

4.  No order as to costs.

 

Dated 15 November 2021"

 

and then the second sheet from the County Court of Bristol  simple states:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

IT IS ORDERED THAT

 

the judgement against M.....   ......    ..... dated 19 May 2021 be and is hereby set aside.

 

Date Order Made 15 November 2021"

 

This morning a letter arrived from the Bristol County Court it read:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

UPON hearing the parties and upon the parties having already agreed that judgement should be set aside

 

IT IS ORDERED THAT

 

1.  The judgement dated 19 May 2021 be set aside.

2.  The proposed defence attached to the Defendant's application stands as the defence, service dispensed with.

3.  The claim be allocated to the small claims track.

4.  No order as to costs.

 

Dated 15 November 2021"

 

and then the second sheet from the County Court of Bristol  simple states:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

IT IS ORDERED THAT

 

the judgement against M.....   ......    ..... dated 19 May 2021 be and is hereby set aside.

 

Date Order Made 15 November 2021"

 

Link to post
Share on other sites

great news.

 

so back to what i thought earlier...awaiting N180/N157.

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

Excellent news.  I was wondering about the court order and your defence.  The judge must have been impressed by your draft defence and both accepted it and allocated to small claims.

 

dx, will the OP still get the chance at N180/N157 stage to state the possible hearing dates that would be inconvenient due to being in Zimbabwe?

 

 

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

Link to post
Share on other sites

typically it totally resets things as to as if the claim had only just been issued but allocation has been mentioned so might only be N157 going fwd.

 

i find zims last post confusing though.

 

zimmy, please scan up these court letters in date ORDER and bothsides of every page to one mass PDF please.

we often find OP's that type court docs out miss VERY important sentences or type them out wrongly. or don't include things that are very important.

 

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

There wont be a DQ it will move straight to the Notice of Allocation.

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 Topic please PM me a link to your thread

Link to post
Share on other sites

So no chance in D4 to state dates when the OP will not be able to attend the hearing?

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

Link to post
Share on other sites

He can submit a notice pursuant to CPR 27.9 and attach it to his statement/evidence Dave.

 

Non-attendance of parties at a final hearing

CPR 27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

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 Topic please PM me a link to your thread

Link to post
Share on other sites

The Bristol Court have got the message that I need papers emailed to me as I have tenanted my apartment, therefore have put a note on my file to email me in the future!

Therefore this "Notice of Allocation to the Small Claims Track (Hearing)" came through.  

Notice Small Claims Track P1.pdf Notice Small Claims Track 2.pdf Notice Small Claims Track P3.pdf

Edited by Zimbird
Link to post
Share on other sites

I can't remember, is 22 April in the period you will be in the UK, or will you be in Zimbabwe?

 

EDIT  I see it's an on-line hearing so I suppose it doesn't matter.

 

Pity, you could have threatened Simon with the expense of a return flight.

Edited by FTMDave
Extra info added

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

Link to post
Share on other sites

I was returning on 30 April, so I could just come a week or so before .  Is there any way of frightening the Claimant with a list of my expenses which I would be paid if the judgement went in my favour?  Then I could add the air ticket.  First prize surely is that they don't want to pursue the case?  How likely is it that they drop it?  

I would have to fly back as I don't think the phone lines are reliable enough and I don't think the court would be prepared to phone internationally.

 

Link to post
Share on other sites

I think you need to look into BT Meet Me and see what connecting from Zimbabwe would entail.  I haven't a clue.  I did a quick search and saw that there was something about numbers abroad that can be called at free/cheap rates but Zimbabwe wasn't included.  Do that and then we can see if there is a way to put pressure on Simon.

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

Link to post
Share on other sites

Should be enough about pursuing this case that should give Simon squeaky cheeks now.  The potential of a Zimbabwe return might focus his mind into a discontinuance.

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • 3 weeks later...

See below.  This has been sent to the Court by Mohammed Wali and I was copied in.

The attached PDF documents he sent are:  

1. Claim Form Issue Date 28/4/21

2. of Hearing of Application dated 7/10/21

3. N244 - mine

4. Draft Order - mine

5. Proposed Defence - mine

6. Charge Notice - my original Charge Notice, where I calculated 37 seconds and wrote it on the top clearly

7. My Passport & Residence Stamp for Zimbabwe

8. My Evidence:  ie. flight to Guernsey on 7/10/20

9. My Evidence:  Arrival back into UK Release Report Randox Health 6/7/21

10. Statement of Truth - mine

11. Witness Statement - Mohammed Wali 

12. MW1 Site Information

13. Service Agreement Bristol Airport & VCS

 

 

 

Dear Sirs

Re: Vehicle Control Services Ltd  v Mrs xxxxxx xxxxxx  Claim no. 111111111 Hearing Bristol County Court 22 April 2022 by tel Part A 10:00 by tel 

This bundle is in 2 parts part A and part B 

We write in respect of the above matter.

Please find attached a copy of the Claimants witness statement and supporting documents in readiness for the forthcoming hearing.

We can confirm that we have served a copy of the same on the Defendant.

In the meantime if you have any queries please do not hesitate to contact us.

We shall anticipate for your reply.

 

Yours faithfully

 
 
 
   Mohammed Wali  
   Paralegal
 
  VEHICLE CONTROL SERVICES LTD   
   P1 Europa Link, Sheffield Business Park, Sheffield. S9 1XU   
 
   t:    +44 (0) 114 261 7373
   f:    +44 (0) 114 267 8009   
   e:   [email protected] 
 
I am currently trying to print 11. 12. and 13. above ie. his Witness Statement etc and will forward that to the group as soon as possible.
 


 

Link to post
Share on other sites

Yes, we need to see 11, 12 and 13.  As Wally has sent you PDFs you can simply redact using this  https://www.ilovepdf.com/edit-pdf  or a similar site, and then upload.

 

Have you looked into whether using BT Meet Me is realistic from Zimbabwe?

 

 

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

Link to post
Share on other sites

I have just tried to upload Wali's Witness Statement - it is 13 pages long - so I was unable to upload it the pdf file was too big

 

I used the "I love pdf" site - thank you it allowed me to compress the Witness Statement that I needed to send

The MWI was sent by them in a separate attachment and is loads and loads of pictures of signs that I will try and attach now.

Hope this opens ok

The land lines in Zimbabwe are not reliable enough to link into the BT system, I don't believe.  So I would be happier flying back for this court case - if you felt I had a chance of winning it.

 

 

 

This is Part B of the Witness Statement 

It has all the pictures included below pages 1-12 and then 

Pages 13-30 are:

MW2 Notices & Evidence

Charge Notice

CCTV Pictures of my car  at 14 :27 :06, 14:27:19, and 14:27:43

Final Reminder

Demand For Payment

Final Demand

Later Blaim

Notice of Transfer of All Proceedings

Notice of Allocation to the Small Claims Track

General Form of Judgment or Order ie. Set Aside

 

 

 

BT Meet Me Chat below - he suggests I find out from the Court whether they will connect to a land line number in Zimbabwe or maybe I can give my Zim mobile number - as a back up.  So definitely looks like I could be in Zimbabwe for the Small Claims Court

 

Claimants WS + Meetme chat.pdf

Edited by dx100uk
pdf sorted
Link to post
Share on other sites

In my experience the people who reply on these chat functions are only able to give basic advice, which is not their fault due to lack of training.  A court case will be way out of the ordinary for them.  In fact he says to contact the court.

 

So e-mail the court, ask if they are prepared to phone Zimbabwe and point out you will have to supply multiple numbers and why.

 

It's a long shot, but some time back we had a case where the judge was irritated by a PPC suing someone abroad and more or less pushed them to discontinue, so the more you emphasise to the court you live abroad the better.

 

 

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

Link to post
Share on other sites

If they get an inkling that you may have to fly to the UK even to have an online hearing and they lost, there may be other implications cost wise for them might discontinue.

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Agree BN.  I'm thinking to get clarity from the court and then, depending on the court's answer, threaten Simple Simon with having to pay the air fare in costs.

 

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

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
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...