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By BankFodder · Posted
Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation? -
Which Court have you received the claim from? CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant? LOWELL PORTFOLIO LTD How many defendant's joint or self? SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim? THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? YES Did you inform the claimant of your change of address? NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after April 2007? BEFORE Do you recall how you entered into the agreement...On line /In branch/By post? I DONT RECALL Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? NO Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER. Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT. Did you receive a Default Notice from the original creditor? NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? NO, I RECEIEVED LETTERS OF CLAIMS Why did you cease payments? I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE. What was the date of your last payment? NOVEMBER / DECEMBER 2018 Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD. -
By theoldrouge · Posted
Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews. It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust. Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic -
Thank you JK2054 and BankFodder for your replies. The information requested is as follows: My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know. -
Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter. There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb. I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible. It'd be a good idea to phone the court on the 18th to see if they have paid.
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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.
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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