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    • It sounds as if they need better algorithms or another way to check. DWP algorithm wrongly flags 200,000 people for possible fraud and error | Housing benefit | The Guardian WWW.THEGUARDIAN.COM Exclusive: Two-thirds of housing benefit claims marked as high risk in last three years were legitimate, figures show  
    • I'm afraid that both yourself and we will need to see the claim form as a basic minimum. As this person has issued proceedings, we can't go any further at all without understanding the detail of what they are claiming on the basis of the claim. When you receive a claim form then you might normally respond within 14 days either with a defence or an acknowledgement of service. If you don't respond with either of these then the claimant can go ahead and obtain a judgement against you in default and that then becomes a bit tricky and also a bit expensive to overturn – called "a set-aside" If you don't file a defence but you supply an acknowledgement, then you get a further 14 days so up to 28 days to file a defence. I understand that you have had difficulties accessing the claim form. I'm afraid I don't know why that is not sure how much help we can give you on that. You're going to have to do this is a matter of urgency whatever the runs are rights of your position are. Once we understand the claim form, then we can advise you as to the next step and also we can put the claim in the context of your own story and decide how best to defend. I'm at a bit of the lost to give any more constructive advice at this point. Access to the claim form is essential. You could telephone the County Court business centre which I think is in Northampton. They have a helpline and maybe they can give you some solutions – but in the meantime, why can't you access the password reset? Have you checked your spam folder?
    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
        • 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
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DPD lost +£1300 parcel - issued court claim using Torts (Interference with Goods) Act 1977 **WON**'


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Hi guys,

I brought a mobile phone contract from iD Mobile with next day delivery by DPD (Dynamic Parcel Distribution).

After I made the online order I changed my mind and contacted iD Mobile's webchat to find out the best way to cancel the contract. The advisor suggested that I refused delivery to speed up the return process. Looking back, this was bad advice as I should have accepted the package and then started a return request... Hindsight is a great thing!

The next day I told the DPD delivery driver (Hamad at DPD in Enfield) that I was refusing delivery and that he should return the phone to his depot.

He then proceeded to take a photo of the package in my doorway and took it away. At the time of thought nothing of it but later on I found out that wasn't the correct procedure for refusing delivery. He shouldn't have taken a photo.. Needless to say, the package mysteriously went missing without a trace!

This was the start of a 10 month battle between iD Mobile, DPD and myself as iD Mobile were demanding £900 plus the 24 months line (£41.02 per month), total: £1,884.48 to have the contract cancelled.

After the incident I recorded every conversation I had with iD Mobile and DPD, and in one of the calls with a DPD customer services advisor, she admitted that the delivery driver incorrectly marked the package as delivered. Strangely, after this call, this information was changed on DPD records. Their notes didn't mention anything about the advisor admitting that the delivery driver incorrectly marked it as delivered... They should be ashamed of themselves!

Ultimately, the recording I made was the proof I needed to beat DPD in court and receive a £1360 payout.

The main reason why I'm posting this message is to highlight a law called 'Torts (Interference with Goods) Act 1977' which means even if you do not have a contract with the delivery company, you can still sue them if the package goes missing or is damaged and they refuse to take responsibility for it. Also, record every conversation you have with every party.

If this information helps just one person, I'm pleased I posted it!

Edited by Max Powell
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  • dx100uk changed the title to DPD lost +£1300 parcel - issued court claim using Torts (Interference with Goods) Act 1977 **WON**'

Congratulations. Well done.

Thanks also for the story which is very interesting.

Your approach to the case is unusual but is also great information for us because it adds extra strings to our bow.

Have they paid up yet?

Also, we would like to get a transcript of the judgement.

If you are prepared to help us then it would be great if you would find a form EX107, download it and complete it. Choose the transcription agency as your preferred transcription service.

We will reimburse you the cost of it which will probably be only about 60 or 70 quid.

If you can't afford the money up front then when they let you know what the cost will be, we will pay it up front for you

 

 

 

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