Jump to content


  • Tweets

  • Posts

    • Wait until you get a refund from the purchaser before accepting anything else. Please will you post up the text of the email that you received.  Make sure that you look after the text that you received from the purchaser
    • I’ve just received a letter from a debt collection agency called Intrum about an old Halifax credit card debt, they have never been in touch before and the letter says that because I have failed to contact them they are passing on to a company called Resolvecall who specialise in home visits. This debt is from about 14 years ago when I got into some financial trouble, I had a default on file but that dropped off around 4 years ago. Is there anything I can do with this as I don’t really want people coming to my house, thanks in advance? 
    • Just wanted to check if anyone knows, I'm in the process of retrieving the transcript. There was no time frame given in the appeal judges directions, does this mean none applies or is there an unwritten timeframe that applies as a default for these things? 
    • I left a trustpilot review and P2g have emailed me with the obligatory apology and have refunded the postage costs and are will to give £10 extra pre pay as a good will gesture. However,  as i wrote this the Buyer has just txt.me.to say they have received the parcel !  So obviously im now going.to suggest that she pays via Paypal ... I rang her this morning to see if it had arrived but she said she was on holiday and there was someone in her house she would have to contact to see if it had arrived which she obviously has ... So now i know its been delivered i cant go for P2g But i Can accept the exta £10 ...
    • 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.
  • 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

Flaws in Defence counterclaim Help


simeon1964
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 459 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

I'm sorry, but until rereading the court order on Sunday I didn't even know what a Scott Schedule was.

 

I know much less than you about the matter.

 

You're the one who's known since August that you would have to compile this document and have had since Saturday (or earlier?) when the expert's report arrived to do so.

 

 

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

@honeybee13a Scott Schedule just seems to be a simple list of the matters in dispute, in this case the elements that add up to £16,500, where each party expresses their opinion.  There is an example on page 8 here  https://files.klgates.com/files/upload/international_arbitration_seminar_panel_4.pdf

 

Simeon has known since August that this would be necessary so no doubt has done research and has a draft ready.

 

 

  • Like 1
  • I agree 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

Link to post
Share on other sites

Yes, please upload it when you can.  You might as well use the expert's numbered report as your template.

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

On 26/02/2023 at 01:50, dx100uk said:

whomever , you?, raised the part 20 counterclaim needs to close it, discontinue it, whatever - thats the problem that the court is working on.

dont forget that claimant/defendant labels switch if the main claim is resolved but a counterclaim exists.

the raiser of the counterclaim then becomes the claimant, hence the confusion?

 

 

 

 

Eh?  Are you suggesting that simeon should discontinue his counterclaim at this stage?

 

(@FTMDave - thanks for your message letting me know this thread has revived.  I've been unwell over the last couple of weeks and haven't been able to follow the board closely)

Link to post
Share on other sites

27 minutes ago, simeon1964 said:

Manxman in E. welcome back. How you are well and ready for me? and you are not going to slag me off this time......need all the help

 

I've just looked back over my last few posts on this thread at the beginning of the year.

 

What I've consistently done is try to draw your attention to weaknesses and deficiencies in your case that I think you need to address in order to be able to persuade a judge that you deserve to win your case.  As just a couple of examples of these weaknesses I specifically drew your attention to (1) your failure to provide the contents of the contract you say you had with the builder (despite repeated requests to do so) and (2) your insistence* that underpinning and piling are the same thing. 

 

I see those posts have generally been thanked or agreed with by other posters including honeybee, BazzaS and FTMDave - presumably because they thought I was telling you something that you needed to hear, and not because I was "slagging you off".

 

You then fall off the radar for over 7 weeks and only turn up again three days ago to ask for more help for the hearing which is tomorrow!!!

 

It's over a year ago that FTMDave and I invested an enormous amount of our own time into helping you draft detailed particulars of your counterclaim.  Throughout that process we continually pressed you on what evidence you had to backup your counterclaim for £17k.  You assured us you had that evidence.  We also advised you to get all that evidence organised and collated in readiness for a hearing.  You've had more than enough time between then and whenever you learned of this hearing date to do all that.

 

You now need to use that well-organised evidence to argue against the expert witness's assessment that your counterclaim is only worth about £1k and not the £17k you think it is.  Nobody here can do that for you because we don't know what evidence you have.

 

All you can do at this late stage is do your best to follow @FTMDave's advice at #430 and put together the suggested schedule.

 

*I see the expert witness appears to agree with me and to disagree with you.  If the judge asks you to justify your assertion I suggest you do better than tell him to google the two terms 

 

 

 

 

  • Like 2
Link to post
Share on other sites

I have work in five minutes, right through to 21:15 UK time.  That's far too late for preparing any documentation before the court closes or indeed the builder's solicitor's office does.

 

The best Simeon can do is print three copies out before court tomorrow and hand one to the builder's solicitor and one to the judge, and say it was the expert's late reply that made it impossible to respect the Scott Schedule part of the court order.

 

I can do some tweaking after 21:15, but I do mean tweaking, not rewriting a whole document like Manxman in Exile and I have had to do in the past.

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

Just knocked off work now and available for any tweaking.

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

Well after an hour and a half here no news from Simeon.

 

He'll have to take his chances tomorrow.  I would blame the late Scott Schedule on the late expert's report.  And take three copies of whatever he has prepared to 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

You're joking, right?

 

You knew about the need for this document in August.

 

You've also known about the court date since ... well we don't know as you never told us.

 

You got the expert's report on Saturday (or earlier?) so could have used the rest of the weekend to get this document together,.

 

Anyway, if you want what you've prepared so far to be corrected then post it up now.  I'll be awake for around half an hour.  At least part of it can be dealt with.

 

 

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

:frusty:

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

3 minutes ago, simeon1964 said:

dont much clue about this sctt doc

Understandable.

 

Not much time really from August to March to do a little bit of research, find out what the court would want, and prepare a draft.

 

With 17 grand involved 😱

 

Anyway, your money, your choice. 

 

We've been available to help this evening, you've been absent.  Still waiting.  Off to kip shortly.

  • Like 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

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 459 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...