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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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    • finaldj
      Santuary Housing

      By finaldj · Posted

      My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
    • finaldj
      Santuary Housing

      By finaldj · Posted

      Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have.
    • dx100uk
      Santuary Housing

      By dx100uk · Posted

      go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      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.

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Blackcat13

Blackcat13

Posted
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Spent all night reading and it seems it’s made my stress levels and anxiety through the roof. 
There seems such a range of different ways of dealing with this from fines to a criminal conviction which doesn’t seem right as two people who have committed the same crime have had different sentences/convictions. 

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Ethel Street
Ethel Street

It's not automatic so please don't assume that wil definitely happen. I'm a school governor and I have been on school disciplinary panels several times over the years dealing with staff who have recei

Man in the middle
Man in the middle

A character reference may help her (it can't do any harm). Whether it will have any significant impact is difficult to tell.   If the court is in two minds (say between a fine or a Community

learco
learco

you have not lost everything, you lose everything when that box closes and it is nailed together. things feel c...p now but it will get better.

Ethel Street

Ethel Street

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If no duty solicitor can be found tell the Usher when they come to collect you for the hearing that you've asked to see the duty solicitor for advice  but the solicitor still hasn't seen you.

 

Re-read Post #35 by Man in the middle explaining why you are entitled to see the DS and be prepared to explain that to the Usher and the court.

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Blackcat13

Blackcat13

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The prosecutor has just been about asking how I plead. As I had already seen the form saying guilty I said guilty. She said there was no need to see a duty solicitor as it should be straight forward as long as I admit what I did was wrong

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Blackcat13

Blackcat13

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My union have just called and they have told me to ask for a duty solicitor. I have asked and there is one here for Wolverhampton but as my case is from Birmingham they are unsure if anyone will see me. 
What am I supposed to do??  

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dx100uk

dx100uk

Posted
Posted
1 hour ago, Ethel Street said:

If no duty solicitor can be found tell the Usher when they come to collect you for the hearing that you've asked to see the duty solicitor for advice  but the solicitor still hasn't seen you.

 

Re-read Post #35 by Man in the middle explaining why you are entitled to see the DS and be prepared to explain that to the Usher and the 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... 

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Gick

Gick

Posted
Posted (edited)

In that case request an adjournment until one is available. It is a tenet of English law that a defendant is entitled to legal advice before  a case is heard and a duty solicitor MUST be available if the defendant has no means of having their own legal representative.

The prosecutor is being disingenuous in saying that as you are pleading guilty, that a DS is not necessary. You are entitled to the best possible mitigation and the DS can advise on that and could present it in such a way as best serve you.

Edited by Gick
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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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Gick

Gick

Posted
Posted

That legal advisor is there to explain the law to the magistrates, He/she will not assist you in mitigation.

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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dx100uk

dx100uk

Posted
Posted

yes, which is why MiTM said tell the court, 

you can even state such to the judge when you get inside

state i have not seen a DS and feel it would be better if i did before we begin it is my LEGAL 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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dx100uk

dx100uk

Posted
Posted
11 minutes ago, Gick said:

In that case request an adjournment until one is available.

 

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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Gick

Gick

Posted
Posted

Which is why I said that you should request an adjournment until such time as you have been able to see the DS in my previous post.

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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dx100uk

dx100uk

Posted
Posted

just tell the judge immediately you want an adjournment as you have not seen a DS, and that is your legal right before proceedings against you begin.

 

you should be ok.

why not tell the clerk this too 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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