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    • do a chargeback to your bank if temu want it back then they'll write and ask for it. 9/10 they dont bother. dx
    • No reminders are required by law. As a result of that, whether the police say they sent one or not, whether they actually did so or not and whether you received it or not has no bearing on the matter whatsoever.  I have explained what to do in the third paragraph of my post #22. You don't need to do any more than that. The most likely outcome is that your offer (to plead guilty to speeding if the FtP charge is dropped) will be accepted by the prosecutor. What happens next is for the court to decide. This "deal" is done every day in courts up and down the land and all court users (prosecutors, Magistrates and their legal advisors) are familiar with it.  Although I said you could not ask to be sentenced at the fixed penalty level, that was incorrect. There is nothing to stop you asking (and if you do, you should mention it under "Mitigation" when you fill in your return). You can mention the circumstances you were in when you returned the request for driver's details and suggest that is why the error with the stamp may have occurred.  My feeling, however, is that your request will be denied. If it is, you will face sentencing under the normal guidelines. These suggest a fine of half a week's net income (reduced by a third for your guilty plea.- so one third of a week's income). You will also be ordered to pay a "Victim Surcharge" of 40% of the fine and prosecution costs of around £90. You will also have three points imposed on your driving record. You may be lucky and encounter a kindly Magistrate who settles on the fixed penalty equivalent or you may see something in between (with perhaps the prosecution costs left off). But the worst case is as in the previous paragraph. There's no need to fret too much over this. The important thing is to make sure you plead not guilty to both charges and make it absolutely clear that you will plead guilty to speeding only if the other charge is dropped. You may be asked to attend court or it may be handled under the SJ procedure. I don't know how they work this matter in South Wales.
    • The problem that I'm having is with Temu. I ordered a cat tree (£152.98) that I want to send back as it's too small for them/not as advertised/flimsy. I would never have paid that amount if I'd known what poor quality/ how small it was. I have contacted Temu about this numerous times, they did get back to me once but they didn't actually help me with their response. I tried to get in touch again but the emails only ran one way so I couldn't get back to them and tell them that they haven't answered me correctly on how to get the cat tree sent back to them. I have attached the emails correspondence into this post. Thank you in advance for the help and support.    Temu email.pdf
    • Stu007. Many thanks for your reply. They have supplied all the necessary documents so it looks like everything is above board.  Many thanks for the link, once again everything seems above board.  I have received a second claim form today as it says the one they sent me did not refer to my tenancy. Ill look at the details later   I have filled out the defence form, took pics, i will redact it later and post the pdf.  
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    • 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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Erudio/Drydens Claimform - old SLC debt - stayed since 2019 - now N244 to lift stay &/OR SJ ***Application Dismissed***


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Response to application SJ/SO is normally 7 days pre hearing to file and serve

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We could do with some help from you.

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Thanks. Will send tomorrow to avoid delays.

Thanks again dx and Andy. I really appreciate the work you are doing and the time you have dedicated to helping people out ❤️

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  • AndyOrch changed the title to Erudio/Drydens Claimform - old SLC debt - stayed since 2019 - now N244 to lift stay &/OR SJ ***Application Dismissed***

:cheer2:

 

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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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