Jump to content


  • Tweets

  • Posts

    • That is different to my PCN issued by Highview. I am not by any means an expert so I would leave it to the experts to check what I say and maybe delete this if it is not helpful. My thoughts on this are In the PoC they state you are liable as Driver or Keeper. Firstly, I would challenge that .... are they pursuing you as Driver or as Keeper? They don't know who the driver is, as stated on the NTK and, they don't know if you didn't tell them, so I would think that they can not pursue you as the driver. The NTK is not fully compliant with POFA 2012 as LFI stated but specifically, and correct me if I am wrong, Section 9 [2][f] states that:   Section 9 (2) The notice MUST— (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   All the applicable conditions under this Schedule (Schedule 4) are NOT met, specifically warning the keeper as in (f) .... As far as I can see, the creditor has NOT warned the keeper on the NTK, as they MUST do in accordance with S9 [2](f). So, as far as I can see that prohibits them from having the right to recover from the keeper.   I put it to you M'Lord, given the facts stated, the creditor does not have grounds to pursue the Driver, nor the Keeper!! 😂🤣😂 Maybe that's why you've not heard from the courts, what does it say on MCOL ?
    • at the time, if both owners signed a voluntary charge it can not be a restriction k.  but it looks like one? as above ..... if you re mortgage with the same lender is doesn't need paying if you re mortgage with a new lender then most probably you will have to settle it.
    • The move comes after Tesla reported a sharp fall in its deliveries in the first three months of 2024.View the full article
    • please dont post up unredated court docs!! done now... it looks like: you paid for then cancelled a PC from mac group ltd however the PC still got delivered but not to you. you got issued a court claim but totally ignored it. DCBL HCEO Bailiffs attempted to enforce the CCJ...they failed..you had moved. The Claimant was Granted Permission by the Court to Serve A Statutory Demand and latterly did so. you had attempted to set aside the Original CCJ but failed to attend it's hearing and it got struck out you subsequently have have received a statutory demand for the CCJ sum. you applied to set that aside there was a hearing on 18th Apr which you did not attend. ...............   not quite sure but i think thats the story. ............. same as your other thread.. stop worrying about the house.. you ought to deal with this at some point as if the claimant does go for and manage to you BK. it might not be good. have a think about things , it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.        
    • you've applied to have it set aside and then you've not complied with the Judge's order for your set aside. You'll need to apply to have that order stayed on the ground you were a LIP and didn't understand it. Make it clear you now understand it and you ask that an order be made in the interim to stop all enforcement and any other action.
  • 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

EVRI lost returned QVC DYSON worth £699! court claim issued **Mediation Failed***


Recommended Posts

2 minutes ago, Moseet said:

Can I apply for judgement in that case?

Afraid not only the court can strike out for none complience.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Timeline attached.

It states if defendant does not comply the claim will automatically be struck out and the claimant will be at liberty to apply for judgement.

do I need to wait till the claim is struck out then I could apply for judgement?


You submitted a claim on 01/08/2023 at 10:39:36
Your claim was issued on 02/08/2023
Evri Parcelnet Ltd filed an acknowledgment of service on 11/08/2023 at 08:05:46


A bar was put in place for Evri Parcelnet Ltd on 21/08/2023
Evri Parcelnet Ltd filed a defence on 21/08/2023 at 12:05:35


DQ sent to Evri Parcelnet Ltd on 22/08/2023
Case Stay Lifted on 09/10/2023
DQ filed on 09/10/2023
Case Stay Lifted on 31/10/2023
General sanctions order was made on 31/10/2023

 

Link to post
Share on other sites

Check MCOL status tomorrow and see if they filed 

  • Thanks 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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Seems like they haven't filed the DQ. Can anyone confirm next steps?

 

You submitted a claim on 01/08/2023 at 10:39:36

Your claim was issued on 02/08/2023

Evri Parcelnet Ltd filed an acknowledgment of service on 11/08/2023 at 08:05:46

 
pdfLink.PNG plainLink.PNG 

A bar was put in place for Evri Parcelnet Ltd on 21/08/2023

Evri Parcelnet Ltd filed a defence on 21/08/2023 at 12:05:35

 
pdfLink.PNG plainLink.PNG 

DQ sent to Evri Parcelnet Ltd on 22/08/2023

Case Stay Lifted on 09/10/2023

DQ filed on 09/10/2023

Case Stay Lifted on 31/10/2023

General sanctions order was made on 31/10/2023

Link to post
Share on other sites

phone the court if you cant click on request judgement.?

they'll need a nudge if evri failed to file their DQ after that general order to do it in 7days from 31st oct or else.

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

I just called them and they requested I look at the MCOL user guide and look at the steps on how to enter into judgement

There is no option online to request judgement.

The user guide states I need request a judgement manually by filling in the N225 form.

Should I do that?

Link to post
Share on other sites

You cant request judgment because of the sanction (bar) placed on the defendant for not submitting its DQ on time. You cant manually request judgment either because only the court can strike out their defence for failing to comply with directions.

 

Andy.

 

.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

General sanctions order was made on 31/10/2023

The above was 22 days ago normally a sanction allows 14 days to act and we are well past that so I would be inclined to ring MCOL and ask that the claim is reviewed and if they have still not filled the DQ that their defence be struck out for not complying with the directions or Sanction and Judgment awarded to yourself.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

So MCOL have advised to wait 6 weeks from the 13/11/23 to know for sure if the DQ was filed by defendant or not as they are working through backlogs. So they will strike the defence out once they know for sure that the DQ wasnt filed in time. So I guess we’ll have to wait till the new year.

Link to post
Share on other sites

:classic_cool: Keep your eye on the MCOL status in the meantime 

  • Thanks 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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 4 weeks later...

The advice is to read again very thoroughly as many of the threads as you can handle. Especially the pinned threads at the top of the sub- forum.

There are some very good mediation summaries here – although generally speaking EVRi has been threatening people who reveal their mediation experience on this forum and proposing to withhold payments to them and complained to the courts.
Despite this, there are some excellent summaries then you should look at them.

There is not much law in mediation. It really is about stating your position and what you want – and then not backing down.

You should be aware that now that you have started proceedings, you are in control. One thing EVRi desperately don't want is that it goes to trial and that you get judgement. They are bluffing. They are singly trying to obstruct you and to put fear into others who might decide to go the same route.

Stand your ground. Insist on every penny that you have claimed. Don't back down even for a penny. Don't if them the satisfaction. They are completely in the wrong and you are completely in the right.

Spend the next few days reading the stories on the sub- forum and then come back and asked specific questions.

We can't help you with the kind of general sweeping questions that you seem to be asking. Don't forget this is a self-help forum. We have a huge amount of information a huge amount of experience and it is there for you to learn from.

Then ask some specific questions and we will help you and support you unreservedly.

  • Thanks 1
Link to post
Share on other sites

However, there is nothing to stop you from telling the mediator that your offer is the only one you are prepared to make.

Play Hardball.

It is your money by right. The kids on the other end of the phone are simply trying to score a few points to impress their bosses

  • Thanks 1
Link to post
Share on other sites

  • 2 months later...
  • BankFodder changed the title to EVRI lost DYSON worth £699! court claim issued **Mediation Failed***
  • dx100uk changed the title to EVRI lost returned QVC DYSON worth £699! court claim issued **Mediation Failed***

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...