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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
      Parcel 2 go / Evri painting stolen and sold on @John_Pye Auctions site

      By BankFodder · Posted

      So what you propose doing?
    • Complete Misfit
      Parcel 2 go / Evri painting stolen and sold on @John_Pye Auctions site

      By Complete Misfit · Posted

      Yeah well it's been a busy and stressful few weeks. I also wanted to see if they did anything while reopening the claims.
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      By honeybee13 · Posted

      We don't know of anyone on this forum who has had RLP organisations or bailiffs arrive at the door. They're going to threaten legal action because they think you may not know that they aren't able to carry this out and could be more likely to pay them. HB
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      By Mkasd · Posted

      Has anyone that you have known or posted on this forum received knocks on doors from them or received a ccj and been sent to court or have sent bailiffs or gave the debt to another company. if they don’t have any legal powers why do they threaten with court action 
    • spergen
      Friends LC Asset/Link Claimform - 2019 Barclaycard debt

      By spergen · Posted

      Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 

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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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      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.

French v. Abbey (3) - Into the breach once more my friends!

srfrench

By srfrench
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srfrench

srfrench

Posted
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Excellent CARO.....always looking out for the others, that's why you're so popular :D

 

I do remeber receiving a Court Order when they were stayed, since then I've mislaid it.

 

However, looking back through my thread I see it says that the stay willbe in place until (Ithink) early 2008 regardless following the cessation of the High Court Test Case.

 

We all know the history of the Test Case now and was lead to believe that the stay remained until the FINAL Judgement in the Test CAse though I can't remeber receiving anything else.

 

That's why I phoned the Court to find out the status of my stayed claim.

 

My other claim was struck out in my local Court but I got that re-instated stating that the Test Case was still in progress. Success :D This is only at the stage that needs a defence filing from the Banks.

 

This claim as you know has gone past the AQ and Pre-Trial Hearing stage and was just awaiting final instaructions for exchange of docs and a Court Date. I think in all honesty, we may see no further AQ's but a Witness Satement and Document exchange and Court Dates.

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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caro

caro

Posted
Posted

Thanks for the compliment.

 

It's interesting that Leeds seem to have done this quite quickly, and apparently without prompting. This does seem to me to be some kind of pre-trial or case management hearing. I could be wrong (I often am :rolleyes:) but no doubt you'll receive something in writing confirming what it's about. I still think it's very positive and shows the judicial system are still taking the matter seriously.

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srfrench

srfrench

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I think you may be right about this CARO.

 

Either way as soon as I hear or receive anything from the Court or Abbey, I'll post it up in full it's full technicolour horror ;)

 

Elsewhere in the forums it seems Lloyds are being asked to negotiate a settlement with Claimants and vice versa by the Courts. If no success by late Feb then they are being listed as to either be struck out or for the parties to apply to unstay the claim.

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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caro

caro

Posted
Posted
I think you may be right about this CARO.

 

Either way as soon as I hear or receive anything from the Court or Abbey, I'll post it up in full it's full technicolour horror ;)

 

Elsewhere in the forums it seems Lloyds are being asked to negotiate a settlement with Claimants and vice versa by the Courts. If no success by late Feb then they are being listed as to either be struck out or for the parties to apply to unstay the claim.

 

New stays to negotiate a settlement in light of the test case I guess.

 

Interesting times.:|

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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caro

caro

Posted
Posted

Nothing in writing yet I assume?

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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srfrench

srfrench

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Nothing yet CARO but then again it's been Xmas and New Year so damn sure nothing has been coming out of the admin side ofthe Courts.

 

I think I'll be writing the Abbey to request their agreement to amend my POC's this coming week giving them a week or two to reply then writing to the Court to either extend my stay or unstay my claim.

 

Should give me a little breathing space in that period for anything to happen methinks?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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srfrench

srfrench

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Well...that was an interesting meeting with my Solicitor.

 

Firstly, yes he agrees you can submit as "Adiitional Information" to support your claim. HOWEVER, he agrees also, and for safety's sake that the way forward would be to amend your POC's.

 

Glad that issue was discussed and now resolved!! :wink:

 

My Solicitor also has suggested that I give him (so he can forward onto a friend who is a QC) copies of my claim correspondence et al so that he can look it over and with the additional info (laws etc) advice me to see if it's worthwhile pursuing and in the alternate take it on on a no-win, no-fee basis. Meeting is set for Thurs afternoon, so am getting all my current docs sorted and including seperately all the additional arguments and statements in the light of post-SCoJ judgement ready to give to him to not only get his opnion but also to frame a new POC and argument using what new info we have been given so as:

 

UTCCR Reg 5(1)

CCA

Competion Act

Misrepresentation

Undue Influence (Common Law)

Penalties (Common Law)

 

It's also interesting to note that I have already sent a CPR Part 18 request asking them to disclose their T&C;s from 1996-2001 with no response and it was sent Special Delivery as well.

 

I already had a copy (ish) of their T&C's from 2001-2004 and it quite clearly states that if I BREACH these conditions of your overdraft....

 

Quite numerous mentions of BREACHING T&C's in it........

 

If anyone wants it posting up I'll hand type.....

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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srfrench

srfrench

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Does anyone have a copy of Abbey's T & C's from 1996, 1997, 1998, 1999, 2000 and/or 2001?

 

If so can you let me know please.

 

Many thanks :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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caro

caro

Posted
Posted

Hi loveluck. Do you have a similar case to Frenchie? Perhaps you could start a thread and tell us what you're doing and what you need.

 

Will check the situation regarding T&Cs for the years stated.

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Advice & opinions given by Caro 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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discod

discod

Posted
Posted (edited)

Hmmm we have a 1800 overdraft and both lost our jobs.Abbey are adding interest everyday and as of today it is nearly 2200 and is going up every month.We have explained we have no cash but of course they dont wanna know.Can I send them the above letter and if so I can only ask for the 400 back as the 1800 was what we agreed?? Also how do I stop them adding again if they do pay us back the charges thanks x

 

Infact just looked at leter and it says overdraft limit 0 so I take it they want everything back which totals £2,154.76 and its a defaut notice

Edited by discod
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srfrench

srfrench

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Ooooooooo ooooooo shock of shocks......

 

Just received a letter from the Leeds Merc Courts today and in it it says....

 

That the claim be transferred from the Leeds Merc Courts back to the Leeds County Courts.

 

That's it.....no mention of stays or whether it's in the High Court or Small Claims...or anything else.

 

I'll think I'll write to the Court to ask if the case can be re-transferred back to my local Court or at the very least back to the Harrogate Courts (the original local Court)

 

I was expecting a further CMC.....or maybe that's next?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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caro

caro

Posted
Posted
Ooooooooo ooooooo shock of shocks......

 

Just received a letter from the Leeds Merc Courts today and in it it says....

 

That the claim be transferred from the Leeds Merc Courts back to the Leeds County Courts.

 

That's it.....no mention of stays or whether it's in the High Court or Small Claims...or anything else.

 

I'll think I'll write to the Court to ask if the case can be re-transferred back to my local Court or at the very least back to the Harrogate Courts (the original local Court)

 

I was expecting a further CMC.....or maybe that's next?

 

What are they messing about at? First it's a date in January, then February and now this. Why don't they want to rule on it?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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srfrench

srfrench

Posted
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I really wish I knew Caro......

 

However, the upside is that I have a little more time and the Leeds Courts will have to issue directions regardless so I might still get a notice of a further CMC.....we'll just have to wait.

 

On the plus-side they haven't entertained a reply by a date or a strike-out will be done letter?

 

Stay tuned to the next thrilling episode of "The Frenchy Connection".....if only I could join the dots to where these transferences will lead? :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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srfrench

srfrench

Posted
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** APPEAL**APPEAL**APPEAL**

 

Guys, has anyone got a copy of any letter Abbey has sent to you in response to an unpaid DD or STO please?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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charleyfarley

charleyfarley

Posted
Posted
** APPEAL**APPEAL**APPEAL**

 

Guys, has anyone got a copy of any letter Abbey has sent to you in response to an unpaid DD or STO please?

 

 

probabaly, but it'll be at least 5 years old if that's any good

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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srfrench

srfrench

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Hi Charley.......yes even older if you have one?

 

If you can blank out your details and PM me with it I will be grateful. :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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srfrench

srfrench

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Well.....some bl**dy damning evidence has now been found and my new amended POC has been drafted in readiness.

 

It's a corker and this time......it's personal! :D

 

Still nothing from the Leeds Courts following the transfer of the case from the Mercantile.

 

Might chase it next month sometime? :cool:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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caro

caro

Posted
Posted

Look forward to reading more Frenchy.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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  • 2 weeks later...
srfrench

srfrench

Posted
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Posted

Letter from the Court last week ststing that the Judge is now reviewing the case and will be issuing directions.

 

God's strewth......might as well join them for drinkies in the Boys Bar :grin:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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caro

caro

Posted
Posted

Justice and the Courts: The Magna Carta set up permanent courts for different kinds of cases, and forced royal officials who accused someone of a crime to produce witnesses to prove their case. It protected free men from fines that would ruin them or that were out of proportion to their crime, and protected nobles from being fined except by the rest of the nobility. On the other hand, the Magna Carta also established that priests could be fined under the same rules as lay people.

One of the most significant and lasting clauses in the Magna Carta is Clause 39, which protects free men from being arrested or punished in any way unless the punishment has been agreed by a jury of their equals or decreed by law. This is called the right of habeas corpus. John also had to promise that, “To no one will we sell, to no one deny or delay right or justice.”

 

:rolleyes:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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srfrench

srfrench

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I'm verily impressed oh learned one 8)

 

It's embarrasing to admit that whilst I know my history the substance I lack.

 

I bow most humbly to your pro-offered knowledge and say that is a ruddy good price to quote.

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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caro

caro

Posted
Posted
I'm verily impressed oh learned one 8)

 

It's embarrasing to admit that whilst I know my history the substance I lack.

 

I bow most humbly to your pro-offered knowledge and say that is a ruddy good price to quote.

 

:lol::lol:

 

Nice of you to say so but I happened to catch summat on t'wireless t'other day about magna carta and not delaying justice.

 

There's progress for you.:roll:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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  • 2 weeks later...
srfrench

srfrench

Posted
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Posted

Incredible isn't it:

 

Just received a letter from Abbey/Santander yesterday stating that they are looking at my complaint and it will take them * weeks to complete it.

 

My Court claim was at the hearing date stage before it was stayed 3 years ago.

 

If this is the incompetance shown then I think we're all in for an easy ride!!! ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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