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


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    • lookinforinfo
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By lookinforinfo · Posted

      The Contract itself The airport is actually owned by the Ontario Teachers Pension Plan. There should be an authority from them for Bristol airport group  to sign on their behalf. Without it the contract is invalid. The contract has so many  clauses redacted that it is questionable as to its fairness with regard to the Defendants ability to receive a fair trial. In the case of WH Holding Ltd, West Ham United Football Club Ltd -v- E20 Stadium LLP [2018],  In reaching its decision, the Court gave a clear warning to parties involved in litigation: ‘given the difficulties and suspicions to which extensive redaction inevitably gives rise, parties who decide to adopt such an appropriate in disclosure must take enhanced care to ensure that such redactions are accurately made, and must be prepared to suffer costs consequences if they are not’. The contract is also invalid as the signatories are required to have their signatures co-signed by independent witnesses. There is obviously a question of the date of the signatures not being signed until 16 days after the start of the contract. There is a question too about the photographs. They are supposed to be contemporaneous not taken several months before when the signage may have been different or have moved or damaged since then. The Defendant respectfully asks the Court therefore to treat the contract as invalid or void. With no contract there can be no breach. Indeed even were the contract regarded as valid there would be no breach It is hard to understand why this case was brought to Court as there appears to be no reasonable cause to apply to the DVLA.............
    • FTMDave
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By FTMDave · Posted

      Danny - point taken about the blue paragraphs.  Including them doesn't harm your case in any way.  It makes no odds.  It's just that over the years we've had judges often remarking on how concise & clear Caggers' WSs have been compared to the Encyclopaedia Britannica-length rubbish that the PPCs send, so I always have a slight preference to cut out anything necessary. Don't send off the WS straight away .. you have plenty of time ... and let's just say that LFI is the Contract King so give him a couple of days to look through it with a fine-tooth comb.

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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.

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

Vicki V Halifax (LBA runs out today!)

Vickic83
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Jaynekul

Jaynekul

Posted
Posted

You can get an account quite easily with the Natwest online. You should include all the interest debited on your spreadsheet together with the charges. Once your 28 days is up issue issue issue adding the 8% interest and suddenly your finances will seem a whole lot rosier! I would add the paragraph onto your claim about being paid by cheque if you dont want to risk Halifax just paying it into your account and grabbing it all again

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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survivor

survivor

Posted
Posted
...as AWC says they may hand it over to a collections agency eventually. With regards to being in dispute why not PM a Mod if you can find nothing on the FAQs. Just keep going........... Sally

 

IMHO surely if the LBA has expired, now is the time to submit the MCOL / N1. If this is the case and Vicki is at the stage of pusuing settlement through the courts, then the account is in dipute and cannot be passed toa DCA - or am I way off the mark with this line of thought..??:confused:

Survivor 8)

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Vickic83

Vickic83

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I started filinh my MCOL last night, going to try and get it finished tonight. Wages are now getting paid into a second account. I will pay them back the money I owe - using the money I get from the claim, so its up to them, the quicker they pay out the quicker they get their money back, simple :grin: . So do you think the best course of action is to send them a letter saying I wont enter into negotiations until I recieve all the charges as i believe the account is in dispute?

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sallysas

sallysas

Posted
Posted

No I wouldn't bother if it were me. You have written twice, right? Stick to the guidelines which have worked for people in the past. If you start writing extra letters now they will realise that you are letting go of your control of this situation and will mess you about. Silence can speak volumes. Let MCOL do the talking for you. Oh and don't forget to send (2 or is it 3 copies) of your spreadsheets to the court when appropriate. I am fairly certain one has to go to the court when you have a court number with covering letter so they can match it to your MCOL. Then one goes to their solicitor when you know who it is. If you file it tomorrow it will be deemed to have been served within the following 5 days. From the Date of Service they then have 14 days to say they will defend and a further 14 days to actually do so, so by the end of February it should be all done and dusted:razz:

 

 

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Vickic83

Vickic83

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Woohoo! Sally sas, can you help with this, just reading jonni2bads particulars of a claim and the final bit says ' cost allowed by the court', can you explain, do i have to enter anything here ? Its not highlighted red or anything but wanted to double check before I submit, Ta x

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Jaynekul

Jaynekul

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Posted

I dont think you can add the cheque bit into the particulars if you file online because it restricts you to the number of lines you can use. Thats why Johnnys are worded the way they are to stick to the number. Costs are only paid if you have a Sols acting for you. You will get the Court fee back which is calculated when you fill the claim in and added to the total. This is all done for you so dont worry. When you come to settle (soon now baby) make sure you say you want the agreed sum paid by way of cheque not a credit into your account. You can do this on your form of acceptance. Hope this helps

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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