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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
      UKCP/CGTT (ZZPS)/QDR ANPR PCN PAPLOC Now Claimform - Junction Street Retail park. leeds

      By lookinforinfo · Posted

      You could try this and include a copy to the SRA who are being particularly tolerant to this bunch of jackapes. This also shows that you are not to be messed with and are capable of stirring up trouble for them when they step out of line. Dear DCBL, I am in receipt of your letter of 18th April 2024 regarding CPR1.1 After studying the whole section I cannot see anywhere that I am required to furnish you  with my mail address or my phone number. Perhaps you would be kind enough to provide me with a reference to it. I suspect that your subterfuge is designed to allow you to bombard uninformed litigants with last minute information on the day of their Court case which appears to occur at times with your company. I notice that you are asking for proportionality at the same time as you are demanding  an unlawful £160 when you are aware that under PoFA the maximum that can be demanded  is only £100. You will note  that I have included the Solicitor's Regulation Authority into our conversation in order to ensure your reply. And your old excuse of "admin. error" is surely wearing a bit thin even with the SRA. so I look forward to an apology for your error and a declaration that you will desist from trying to hoodwink other motorists in future.  
    • Seven77
      Caught fare evasion in tube station

      By Seven77 · Posted

      OK. Thanks, all. Should I renew the season ticket as it going to be expired.
    • jk2054
      Caught fare evasion in tube station

      By jk2054 · Posted

      yea then just wait for now
    • Seven77
      Caught fare evasion in tube station

      By Seven77 · Posted

      There is no human name. The whole letter is:   'Thank you for responding to our enquiry letter. Your comments will be taken into consideration when reviewing whis case and we will contact you as soon as we have reached a decision. TfL now consider prosecution against passengers who are in breach of all TfL byelaw offences and I must inform you that further legal action may be taken. TfL byelaws can be found at ... Please do not hesitate to contact me if I can assist you further.''   Yours Sincerely  Investigator/Prosecutor Compliance Policing and On-Street Services
    • dx100uk
      Caught fare evasion in tube station

      By dx100uk · Posted

      you WAIT. dx  

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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.

      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.

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

betty_lo Vs barclaycard ** WON **

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  • 3 weeks later...
alanfromderby

alanfromderby

Posted
Posted

my questions now are:

 

shall reply again using the dpa non compliance template letter 1? or shall i wait until the 40 days expires and report them to the ic? OR, shall i just get on with estimating the charges prior to 2004 and send them my preliminary letter?

 

If you are intending to send the DPA Non-Compliance template letter then it is important that you are prepared to follow through with court action.

 

You could contact the IC - but I would not expect any fast result

 

Estimated claims are not to be advised, but that is really up to you. An alternative is to put in a claim for the period you know - and then put a further claim in when you have extrcted the remaining information.

 

As I say though, it is your call.

 

 

 

 

 

 

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alanfromderby

alanfromderby

Posted
Posted

If it were me, I would tell them that the time for negotiation has passed, and that they have until (say 12 noon on Tuesday) to confirm that they will settle your claim in full, failure to comply will result in a claim being submitted at that time.

 

But that's if it were me. :)

 

 

 

 

 

 

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alanfromderby

alanfromderby

Posted
Posted

Okay.

 

It will be for directions, and will not be the trial. It is always advisable to attend any hearing - but, clearly the judge is happy in this case for a written response.

 

Assuming that the case is not settled in advance, they will have a large amount of claims listed for the same time, and the judge will probably want to deal with them in batches relating to each bank.

 

If you do go, take all your paperwork with you, and read through the legal arguments before you go - it will help you to understand the heated discussions that will undoubtedly be going on between the judge and the banks legal team!

 

Other than that, really I would not expect you will have to do, or say, very much at all.

 

 

 

 

 

 

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alanfromderby

alanfromderby

Posted
Posted

It depends on what else you said in your letter. If you offered them terms for a settlement, and they have agreed to those terms, then you are on shaky ground.

 

However, if they have countered your offer with their own offer - which I would suggest would be the case, as I cannot believe you would have offered confidentiality, then you can quite reasonably refuse that offer and add any extra amount onto your next letter.

 

Incidentally, by posting a copy of their letter on the forum, you have already effectively broken the confidentiality term, and therefore cannot legally agree to it anyway.

 

 

 

 

 

 

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