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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Flaws in Defence counterclaim Help

simeon1964

By simeon1964
in General Legal Issues

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FTMDave
FTMDave

This is my last post today.  You can either follow these instructions and get a good document to the court later on today, or you can not read them/ignore them/only act on part of them and file nonsen

BazzaS
BazzaS

Comes here a day before WS due, with his last contribution August 27th.   I’m not sure if he is a windup merchant or just beyond help (as people asked him to reply further before now) : neit

FTMDave
FTMDave

I've tried to tidy up the English in the defence, cut out the long-winded bits (the judge for insistence will not give a damn if the OP had his lunch interrupted) and make it flow more logically.  I'l

FTMDave

FTMDave

Posted
Posted

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.

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FTMDave

FTMDave

Posted
Posted

@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.

 

 

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We could do with some help from you.

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FTMDave

FTMDave

Posted
Posted

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.

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Manxman in exile

Manxman in exile

Posted
Posted
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)

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Manxman in exile

Manxman in exile

Posted
Posted
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 

 

 

 

 

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FTMDave

FTMDave

Posted
Posted

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.

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FTMDave

FTMDave

Posted
Posted

Just knocked off work now and available for any tweaking.

We could do with some help from you.

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FTMDave

FTMDave

Posted
Posted

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

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FTMDave

FTMDave

Posted
Posted

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

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dx100uk

dx100uk

Posted
Posted

: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... 

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FTMDave

FTMDave

Posted
Posted
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.

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