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    • I take it I should redact names, court numbers etc?
    • How climate risk is changing lending decisionsView the full article
    • I understand that the item was correctly declared but the value was under declared. When you enter into any kind of contract, there has to be in agreement as to exactly what is being exchange for what. You agree to pay a certain amount of money for the delivery. They agreed in return for that to carry out the delivery safely – but they also agreed to shoulder a certain level of risk based on your own valuation. This means that the value that you gave for the chair is what they reasonably expected to be the extent of their risk in the event that the item was lost or damaged – or stolen. I'm afraid that by undervaluing it, our view is that you would be unlikely to recover anything more. There is never any advantage in declaring and undervalue. It effectively gives a gift to the service provider because when something goes wrong then that becomes the extend their liability. If you want to try and sue for the proper value then we will be happy to help you but I don't rate your chances. If you want to sue for the undervalue then I think your chances are extremely high. The item was lost – it wasn't damaged. Even if it was damaged, there was no particular suggestion that not being flat packed in some way contributed to the risk of damage but certainly it is impossible to conceive how being flat packed or not flat packed would affect the risk of the chair been lost. In fact in my view, because the item was a large item one would imagine that it would be more difficult to lose it. If you want to continue with this claim either for the full value of the undervalue then we will be happy to support you. Please make sure you've done the reading. I can tell that you've done some reading but I'm afraid the fact that you don't appear to have appreciated the consequence of an undervaluation suggest to me that you haven't read very thoroughly. I think it is important to make sure that you understand the principles of claiming for failed parcel deliveries completely. It will put you in control. It will give you confidence. There is no downside. Do the reading. Post a draft documents here so we can check before you send them off.
    • Incidentally, and for anybody else who visit this thread and in case there is any confusion as to the relationship between the consumer rights act and your contractual rights under the common law: the consumer rights act confers rights on the consumer and obligations on the trader. The consumer rights act does not create obligations for the consumer. The consumer and is at complete liberty to rely on their rights under the 2015 act if they prefer they can simply rely on their rights under the existing common law of contract – which is the alternative route which I have suggested to you. This route would be clean – surgical – and of course Currys probably won't even understand it because they probably rely on a load of paralegal drones in probably the same way that the parcel delivery industry does as well. So if you want some fun, send the warning to Currys. By the replacement laptop elsewhere and then sue Currys for the reimbursement. They won't like it. They will spend many hundreds of pounds more than the cost of reimbursing you in trying to defend the case – and then eventually they will lose. If you decide to do any of this then post the draft letter so that we can have a look. I suggest you don't do anything without checking with us first of all
    • First of all, to go over your rights under the consumer rights act – if a defect manifests itself within the first 30 days you have an unfettered right to reject and demand a refund. If a defect manifests itself within the first six months then you have a right to reject subject to their entitlement to attempt a single repair. If they declined to repair or if the repair fails then you can demand a refund. Second thing is that on the basis of what you say above, you bought a laptop computer for 300 quid and you seem to be saying that because they are going to take a month to repair it you have offered to buy a second laptop for £300. This seems extraordinary so please will you clarify. I understand that the only sticking point is that the laptop they want to sell you would be at £330 and not the £300 which was the cost of your first laptop. What on earth are you proposing to do with two laptops – one of them broken – which presumably it eventually would be repaired? Thirdly, apart from your rights under the consumer rights act, you have rights under the general law of contract – the Common Law. If you have purchased an item which has broken down so thoroughly that you are effectively deprived of substantially the entire benefit of the contract then it can be said that the seller has committed a "fundamental breach" of their contractual obligations towards you. You are then entitled to treat the contract as "repudiated" which means that you can treat the contract as being at an end and then claim all your money back. Of course you've decided to purchase something with Currys. The problem is with Currys is that all of the competition has brought the evaporated. These to be Dixons, Comet, – no doubt many others – and they have all disappeared or have been subsumed into Currys. Separately there are even used to be Currys and PC World. Now they have amalgamated there is no competition so they don't care a damn about you. Why should they? There is a company called QVC. They seem to have an excellent track record. I don't know how their prices compare and maybe they are slightly more expensive but they seem to have remarkable customer service and customer returns policy. I would suggest that in future you look around at them and these to compare the prices. So we would like an explanation please of the mystery of your readiness to spend more money on a second computer. Presumably it means that you need a computer fairly urgently. In that case I would suggest that you write a letter to Currys. Tell them that time is of the essence. That you need the laptop repaired within seven days or else you will accept the fundamental breach of contract and accept their repudiation of the contract and go ahead and sue them for a complete refund plus any ancillary losses – such as the cost of any software that you might have installed or even the cost of any data which might now be on that laptop and which is no longer accessible to you. Once again you are dealing with Currys – so they will either ignore you or simply refuse – so during the seven days you would start looking around for an alternative supplier of the laptop that you need. It must be equivalent in model, make, the power – et cetera nearest equivalent in price. You would then set about purchasing that laptop from an alternative supplier having given a few days notice to Currys that this is what you are doing and then you would sue Currys for reimbursement. This would mean that even Princess if you went to QVC and you found that there nearest equivalent model was, say, £350 – you would sue Currys for the £350. Obviously £300 would be the cost of the damage laptop but in addition to that, the extra £50 would cover the reasonable cost of replacing the broken laptop on a like-for-like basis. In law terms you might describe this as your "expectation loss" in that you expected accomplishing that expectation.
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    • 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
      • 162 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
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Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ *** Judge orders claimant to withdraw claim***


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Yes it would seem they make it up has they go along the IAS had the wrong vehicle and number plate it would have been the elderly lady's vehicle whom my grandson helped pay her fee has she didn't know how to do it so it would seem he paid again with her details by mistake

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Laura, it's fine, all is in hand.

New version of the WS, after taking into account LFI's comments and Ashley's bilge.

For ease the new bits are in red.

Defendant's WS - version 2.pdf

We could do with some help from you.

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Better version with typos sorted.

Laura - for exhibits we need (a) a decent copy of the IAS decision about the right payment being made but the wrong registration being inputted (IIRC the version upthread is very blurry) and (b) a copy of your CPR request, even better with proof of posting.

Apologies if these are upthread but it's late, there are 11 pages to trawl through and we have lots of other cases ongoing too.

Defendant's WS - version 3.pdf

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We could do with some help from you.

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When court papers turned up, you sent a standard letter to DCBL requesting to see various documents.  That's the CPR.  We need to see this plus its proof of posting.

We especially need to see the part of the IAS adjudicator's decision where they mention the two consecutive payments to the same registration number.

We could do with some help from you.

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I cannot locate anything in my paper work that states 2 payments were made? Perhaps you could point this out?

In reply from IAS it states

"The ticketing data has been attached" nothing was sent to me.

I made a response to the IAS all this was done online

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We need to see the actual document from the IAS where it is written -

"The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again."

You can't just type it up yourself.

At the hearing in July or August or whenever the judge will have two Witness Statements.

One from Bank's director says you never made a second appeal.

You say you did make a second appeal and the IAS concluded that payment was made.

The judge will immediately twig that either you or the director is lying.  But who?

Fail to show the documentation form the IAS and instead just produce something you've typed yourself will make it look like you just made up the appeal and you are lying and you will lose the case.

Please let us see what the IAS adjudicator sent.

We could do with some help from you.

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The only thing I have got from the IAS is standard appeal it was sent to me by email in response to me appealing to the operator. 

I cannot see why I would have anything else off the IAS?

 

 

 

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Laura - thank you for sending the CPR and the adjudicator's report.

The former is redacted and here.

The latter will follow in an hour as the free site has told me I've done two much redacting in the last hour so I have to wait 60 minutes!

CPR.pdf

We could do with some help from you.

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Thanks very much Dave

I wish I could clear the confusion of me supposedly having received something that states 2 tickets were paid for,

I have always supplied copies of anything I have received

 unless CAG have something

I cannot find anything

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It's solved Laura.  It's in the paragraph I've highlighted here in the attachment from the IAS.

Plus look at page 28 of the PDF of Bank's WS.  There is written -

157 IPS 29/04/2022 12:52 29/04/2022 14:52 Y....
158 IPS 29/04/2022 12:51 29/04/2022 14:51 Y.....

- there are the two payments.

One is for the elderly woman's car.

One is for your son's, but with the wrong registration.

When I get a second this evening I'll add the exhibits to the WS and it will be finished.

IAS adjudicator's report.pdf

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We could do with some help from you.

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Laura between you and Dave you have produced an excellent WS .

You have had this idiocy hanging over you for two years and at long last it is coming to a conclusion -in your family's favour.

I am sure you will be nervous on the day but all you have to do is stick to your guns, relax and be confident that you will win.

 

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I think final version of WS now prepared with exhibits added.  All numbered properly.

Of course it can still be tweaked if necessary.

Laura will not need it on 25 June as that is just a Preliminary Hearing for her to represent her son.

But as DCBL messed up and thought it was WS time why not prepare things calmly in advance.

Defendant's WS - versione 3 + attachments.pdf

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We could do with some help from you.

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First the judge will rule on you representing your son, which will be a doddle.

After that the full hearing date will be fixed, with WSs exchanged 14 days before.

So for the moment just concentrate on getting the right to represent your son.

 

We could do with some help from you.

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Posted (edited)

Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend

Edited by Laura Cooke
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Given the evidence you have provided it should hopefully be a formality, the WS is ready to go and their case is torpedoed below the waterline.

We could do with some help from you.

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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!

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  • 3 weeks later...

Update the Preliminary Hearing went better than expected this afternoon. Bank had someone at the online hearing despite stating they would not have anyone there and sent their evidence to the Court assuming wrongly that this was the Court case.

The Judge asked him if he had read what this hearing was about and asked what he was on about when the Solicitor said his client wanted to have this case dealt with today. 

Sadly the Judges camera wasn`t working I would have liked to have seen his face, has he seemed miffed with the Solicitor and he went on to say " Realistically are you seriously telling me that your client still wants to pursue this case"

The Judge went on to say "Have you read the medical evidence about the defendant? he is Severely Mentally Impaired and has many health issues" 

The Judge then said I expect you to agree for me to make an order that this claim be withdrawn today with no costs"

The Solicitor agreed the Judge then asked if I wished to address the Solicitor I said I did and that I was disgusted that for 2 years Bank had pursued this case relentlessly, causing great stress not only to my Son but also to myself in a bid to try and help with this.

So to Dave especially for having the patience to bare with me and who has gone to great lengths to help me even when away on holiday.

I think it was quite obvious to CAG admin and it`s members that I was way out of my comfort zone and could not have managed to get this far without CAG so from the bottom of my heart thankyou to you all.

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:cheer2: you won!

:yo: from day one it's been and remains a pleasure to help you.

dx

 

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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 changed the title to Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ **WON - ORDERED BY JUDGE TO WITHDRAW CLAIM**

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