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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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    • BankFodder
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By BankFodder · Posted

      I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away
    • Nicky Boy
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Nicky Boy · Posted

      Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Nicky Boy
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By Nicky Boy · Posted

      Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • FTMDave
      Horizon ANPR PCN - overstay - Iceland Chester

      By FTMDave · Posted

      The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! edit ok thanks Honeybee here's my 2nd (actually 3rd) attempt at anonymising, copying and uploading the notice! Sorry about the state of it - I sat on it while distracted by my dog 🙃 pcn front.pdf pcn back page.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.

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      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.

Basic court bundles

Guest louis wu

By Guest louis wu
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Guest louis wu

Guest louis wu

Posted
Posted

Abbey may, or may not file their defence in time, unfortunately, they will get round to it eventually, and the courts will allow this.

 

Never mind, you are nearly there now kia, a small bit of patience (albeit a bit nervously) and the drinks will be on you;)

 

No flapping allowed, any probs, come back and we'll sort them out. I've had a lot more practice now (as apposed to when I started this thread), and it will be fine.

 

Best wishes

 

louis

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Guest louis wu

Guest louis wu

Posted
Posted
Hi

 

Today I received a letter from the courts stating the bank intends to defend the claim.

 

I understand that I will need to fill in an allocation questionnaire once the court has sent it to me. At this stage do I need to send off a court bundle?

 

The court bundle I have downloaded is 40 pages long, is this the correct one and do I send it all without editing it? Do I need to send them any other information?

 

Paul

 

Some courts have done away with the AQ, so I dont think you'll get one now.

 

As to the bundle, it sounds right, but thats only one section. You need to start with all relevant correspondance (section 1), a list of charges (section 2) all your statements (section 3) court bundle download.....dunlop, UTCCR1999 UTCA1977 etc etc. plus any other info(section 4).

 

Lots of pages, time consuming, expensive to send, but worth every penny, and second:).

 

It will be fine.

 

Best of luck

 

Louis

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mahfuu

mahfuu

Posted
Posted

Hello All,

 

I have been chasing Abbey for the return of over £3,000 of charges. I started my claim via moneyclaim and Abbey and responded stating they will defend the claim. I am feeling a little out my depth now but going to keep fighting to reclaim those charges.

 

The courts have not asked me to complete a AQ and so I just need to prepare my case ( The court has also not mentioned a charge for the AQ so I am assuming I don't need to pay for this?). I have a copy of the basic court bundle, but there seems to be a heap of additional documentation I am required to fill out. Could someone give me an overview of what I MUST complete and are there examples of a completed court documents?

 

Any help would be appreciated.

 

Matt

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Guest louis wu

Guest louis wu

Posted
Posted
The courts have not asked me to complete a AQ and so I just need to prepare my case ( The court has also not mentioned a charge for the AQ so I am assuming I don't need to pay for this?).

 

Thats correct, more courts are doing away with this to speed things along (they know the banks wont go all the way with thier defence), and as such thier is no fee to pay.

 

 

I have a copy of the basic court bundle, but there seems to be a heap of additional documentation I am required to fill out. Could someone give me an overview of what I MUST complete and are there examples of a completed court documents?

 

Not sure what court docs your refering to. The basic bundle is what's contained in the Bookworm link (which it sounds like you've got). Look at my post (no 27) to see what I put in mine.

 

 

I started my claim via moneyclaim and Abbey and responded stating they will defend the claim.

 

This is perfectly normal, and nothing to worry about.

 

 

I am feeling a little out my depth now but going to keep fighting to reclaim those charges.

 

Again perfectly normal, I think we can all relate to that. Don't worry, Abbey won't want to go to court, as this will mean disclosing thier actual costs (not the £35 they charge us), and they don't want to do that.

 

 

 

Your doing fine, just look at the bundle, start putting it together section by section, and it will all work out ok.

 

Best of luck

 

Louis

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Byron130

Byron130

Posted
Posted

Hi Louie Wu,

I just wanted you to know that i've received a letter from Abbey saying they are sending me a cheque for the full amount in settlement of my claim! Of course they're not admitting any liability but i'm getting all my money back along with court costs and interest on the provision I withdraw my claim from court!

I had just got my court bundle together and didn't even need it as they settled the day before I sent it off!

Thank you so much for your help, i'm so glad I stuck to my guns and didn't back down.

You give people a lot of support and make them see they're not alone - so thanks again!

And good luck to everyone else - stick with it, you WILL win!

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Guest louis wu

Guest louis wu

Posted
Posted

Byron, great news.

 

Just wait until you get the cheque and bank it before you cancel the claim.

 

Have you thought of this, it does work (I got an extra £200, even without this template, so its well worth considering)

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=84&a=84

 

I claimed 20 hours @£9.25/hour and various postage, telephone, sars request etc costs, and told them £200 would cover it and they agreed.

 

Any problems let me know

 

Louis

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brownie24

brownie24

Posted
Posted

In the court bundle along with my correspondence do I have to include correspondence from the court i.e - acknowledgement of service & transfer of proceedings?

 

Also I have been asked to supply a statment of evidence which I have taken from the one used by GaryH. With this you are supposed to attach - Australian default charges report, but the link for this takes you to a domain names register! Does anyone have a copy of this available?

 

Cheers

 

Brownie24:)

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Guest louis wu

Guest louis wu

Posted
Posted
In the court bundle along with my correspondence do I have to include correspondence from the court i.e - acknowledgement of service & transfer of proceedings?

 

Yes, just put everything into date order, number all of the pages and put a little index at the front.

 

 

Also I have been asked to supply a statment of evidence which I have taken from the one used by GaryH. With this you are supposed to attach - Australian default charges report, but the link for this takes you to a domain names register! Does anyone have a copy of this available?

 

Not sure what this is, can you tell me where on GaryH's thread this post is, and I will have a look.

 

Louis

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Guest louis wu

Guest louis wu

Posted
Posted
Ha, Ha, thats brilliant!

Thats my next job then!

I'll be in touch and let you know if anything comes of it!

 

You may need to put it in writing, but they will pay if you push it.:D

 

As far as I'm concerned it's nothing that we're not entitled to.

 

Louis

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brownie24

brownie24

Posted
Posted

Not sure what this is, can you tell me where on GaryH's thread this post is, and I will have a look.

 

Louis

 

Hi

 

It's on the post re. new strategy for Allocation Questionnaire #no55. (i can't work how to get the link up....doohhh)

 

He mentions the documents to attach with it but I just can't find the Australin default charges report by Nicole Rich.

 

Brownie24:)

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Byron130

Byron130

Posted
Posted

Hi again Louis,

I've copied the letter template but as for getting the names and court order numbers to show the court all the others Abbey have paid off I'm not too clear on.

I work on a mac and we dont do 'spreadsheets'!

Is there anything I could click and copy the names and court numbers from rather than putting in a spreadsheet?

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Guest louis wu

Guest louis wu

Posted
Posted
I've copied the letter template but as for getting the names and court order numbers to show the court all the others Abbey have paid off I'm not too clear on.

I work on a mac and we dont do 'spreadsheets'!

Is there anything I could click and copy the names and court numbers from rather than putting in a spreadsheet?

 

I remember when I done mine there was a section that had Abbey succeses in, I cant find it now. I dont think its essential, but will dig my old bundle out and put a few no's on later:)

 

Louis

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Guest louis wu

Guest louis wu

Posted
Posted

Oh just out of interest have you put yours in a folder?

 

Brownie24:-)

 

Mine needed a lever arch file, and IMO it looks better in a folder, so yes, use one:).

 

Louis

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Guest louis wu

Guest louis wu

Posted
Posted
It's on the post re. new strategy for Allocation Questionnaire #no55. (i can't work how to get the link up....doohhh

 

I see what you mean.:confused:

 

To be honest, I don't think you need to worry, as the document will not be examined in any great detail, and so long as the bsics are there you will be fine.

 

You could go on forever adding little bit here and there, so make a decision just to include the tried and tested ones included in the basic court bundl, and you'll be fine.

 

Louis

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Guest louis wu

Guest louis wu

Posted
Posted

As for putting a link into post, put the cursor on the link (it will change colour), right click (you get a sub menu), click on 'copy shortcut'.

 

Then put the cursor where you want to copy the shortcut, right click, and select 'paste'

 

Voila, shortcut appears (it looks different after you submit the post)

 

Louis

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einyuk

einyuk

Posted
Posted

hi every1

 

just a quick post.

 

my bank statements..............do i photocopy the whole lot or just the bit where it says £x amount will be debited and the dates(1st page)..........what did u do.

many thx

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Guest louis wu

Guest louis wu

Posted
Posted
my bank statements..............d o i photocopy the whole lot or just the bit where it says £x amount will be debited and the dates(1st page)..........what did u do.

many thx

 

The parts that were statements, I copied front and back page(s), the rest was microfiche and that was easy.

 

Louis

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Daz1972

Daz1972

Posted
Posted

Help.

I have just got my QA from the court do i have to send anything else back with it apart from my £100 fee. or do I just take it with me on the day to court????

 

Daz

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Guest louis wu

Guest louis wu

Posted
Posted

I think you mean the AQ.

 

Just complete it and send it back. The court will send further instructions after the bank have submitted theirs

 

Louis

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kia

kia

Posted
Posted

no only the £100 fee that was all i took in but you must have it back at the court before the date on the form there will be one on there somewhere and not on your court date mine had it right on the front of the form hope this helps

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