Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Madmart58
      Lost items sent through Parcel2Go and EVRi

      By Madmart58 · Posted

      Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Angryman1404
      IDRWW letter and email received this week

      By Angryman1404 · Posted

      Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Surf v HSBS

surfstak

By surfstak
in HSBC Bank

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6118 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

surfstak

surfstak

Posted
  • Author
Posted

Acknowledged

The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

 

This was Acknowleged 20/02/07, time for a DG tickle maybe or let them come back and defend?

Im not fussed on havin to do an AQ...

Link to post
Share on other sites
  • Replies 70
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

nettyg

nettyg

Posted
Posted

note particularly posts 2 and 3. post 3 - the bit in blue is the wording for section g of the aq (if it's a 149 or section h if it's a 150) that's telling them that you are asking for a draft direction and post 2 - the bit in blue is the actual draft direction which you put on a separate piece of paper - fill in the xxxxxxx's to your own details on both - and put you name and claim number at the top of any extra sheets. if you haven't already sent the court an breakdown at some point - send them one with your aq - also with your name and claim number at the top.

so, what is your deadline?

it costs 100 to file - get this back with your claim - (unless it's under 1500, then it doesn't cost). i advice filing a couple of days before it's due - don't miss the deadline.

send dg a breakdown / then follow up with a phone call asking if it's there.

file just before the aq is due.

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites
surfstak

surfstak

Posted
  • Author
Posted
note particularly posts 2 and 3. post 3 - the bit in blue is the wording for section g of the aq (if it's a 149 or section h if it's a 150) that's telling them that you are asking for a draft direction and post 2 - the bit in blue is the actual draft direction which you put on a separate piece of paper - fill in the xxxxxxx's to your own details on both - and put you name and claim number at the top of any extra sheets. if you haven't already sent the court an breakdown at some point - send them one with your aq - also with your name and claim number at the top.

so, what is your deadline?

it costs 100 to file - get this back with your claim - (unless it's under 1500, then it doesn't cost). i advice filing a couple of days before it's due - don't miss the deadline.

send dg a breakdown / then follow up with a phone call asking if it's there.

file just before the aq is due.

Sir Yes Sir:)

 

Deadline= April 7th mate.

Link to post
Share on other sites
  • 4 weeks later...
surfstak

surfstak

Posted
  • Author
Posted

Just to keep up to date I filed just before the deadline and now its 10 days later and my cheque for a £100 was cashed yesterday.

I have nothing through as yet so may ring the court tommorow to find out if DG filed their AQ.

Link to post
Share on other sites
nettyg

nettyg

Posted
Posted

the most annoying thing is... they cash the cheques as soon as they arrive in the court's post room - before they do anything. yes, ring the court tomorrow and see where the land lies!!!

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites
surfstak

surfstak

Posted
  • Author
Posted
the most annoying thing is... they cash the cheques as soon as they arrive in the court's post room - before they do anything. yes, ring the court tomorrow and see where the land lies!!!

cheers.

 

If DG havent filed is it worth a tinkle to our stalling friends:|

Link to post
Share on other sites
surfstak

surfstak

Posted
  • Author
Posted

Courts have not received DG's AQ (11 days late) I explained that they had missed the deadline but as the judge was busy they have not looked into the case yet.

 

Phoned DG and let a message for our Rach explaining their AQ was late, no phone back as yet:-?

Link to post
Share on other sites
  • 2 weeks later...
surfstak

surfstak

Posted
  • Author
Posted

AQ submission date was 07 April 07. I have rang the court this morning as I have heard nothing so far.

Supposedly the judge reviewed the paperwork on the 18th and had passed this onto the 'district' judge?

The clerk says the next stage is either an 'unless order' or the judge will strike this out.

I have sent a nudging letter and left a phone message which wasnt replied to. Im gunna drop an email to Rachel now.

If its struck out do I still get all the cash?, just with your comment crusher of "paperwork is preferable to you trying to get a default win".

Cheers!

Link to post
Share on other sites
surfstak

surfstak

Posted
  • Author
Posted

*NEWS FLASH*

Just had a letter from DG delivered offering £1758.

Total I requested is £2045 (this includes the 8% interest) + 100 MCOL + 120 Court Costs = £2265

I'll reply and accept as a part payment.

I sent a nudging email this morning.

Link to post
Share on other sites
surfstak

surfstak

Posted
  • Author
Posted

:idea: Is this letter received today standard?

 

They wrote that the period claimed for was in ecess od six years prior to the commencement of the claim. (20/02/01 - 30/09/05).

"our client will not entertain a claim in resprct of such charges as they are limited by the provisions of the limitations act 1980".

 

then they go on to say there are at a loss about the 8% int and can i confirm the basis of the claim with supporting case law.

 

They recon they are discrepanicies in the schedule also.

 

ARE THEY TRYIN IT ON?:?:

Link to post
Share on other sites
surfstak

surfstak

Posted
  • Author
Posted

Cheers Fella.

 

Do you think the "discrepancies" is a scare tactic?

'Your shecdule has been checked against the charges actually passed to your account which has revealed some discrepancies.'

 

This seems odd as the only charges I would have entered on my spreadsheet are the ones that were stated on my statements.

Maybe that again refers back to the 6+ theory?

 

Anyoo I shall reject the offer...again.....

Link to post
Share on other sites
surfstak

surfstak

Posted
  • Author
Posted

Dear Sir,

 

Thank you for your letter dated 30/04/07. I respectfully decline your offer of £1,758.62 as settlement of my claim.

My claim is for £2046.16 as outlined in my Particulars of Claim, plus court costs of £220, and this claim will continue until payment is made in full. This figure includes interest claimed at the annual rate of 8% pursuant to Section 69 of the County Court Act 1984.

 

Regarding your six years statement and the commencement of my claim my initial timescales are set out below:-

Request for repayment of charges - 13 December 2006

Response To Settlement Offer/ Letter Before Action - 17 January 2007

Claim Period – 20 February 2001 – 30 September 2005

You also state that there are some discrepancies in my schedule against the charges passed to my account, you should be aware that my claim for charges has been meticulously calculated and double checked. I would be grateful if you could elaborate on these discrepancies.

I’m sorry you are at a loss to understand my claim for overdraft interest; the claim is actually for interest on the penalty. had the penalties not been charged then the balance would be less overdrawn or even not at all, giving rise to a lower interest charge or none at all.

I have enclosed a copy of my schedule of charges to assist you.

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£2246) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

Link to post
Share on other sites
Nikki1234

Nikki1234

Posted
Posted

Hi surf,

 

I must say I'm relieved to find this thread as I'm pretty sure I received an identical letter this morning. It even went as far as mentioning these phantom discrepancies we apparently have! They just re-worded the interest bit as I have gone for 15.9% contractual instead of stat.

 

I have been offered £4050 against a £5k claim and I must say I was very tempted, but no, I have stuck it out for 3 months, so I don't want to wimp out at the last hurdle!

 

I shall be ringing them tomorrow (well it's worth a try I suppose!) and will be writing to reject the offer... all I have to do now is wait for them to miss their 2nd AQ deadline and I'm home free....!

 

Good luck with yours,

Nikki :)

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...