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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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    • dx100uk
      Wrong settlement quote given on PCP.

      By dx100uk · Posted

      yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was. simply contact the FOS and let them know its resolved. dx  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      If you’ve ever wondered how you might fare in armed combat, the first 20 minutes of Steven Spielberg’s Saving Private Ryan is likely to make you thank your lucky stars you were born too late to storm the Normandy beaches on June 6 1944. I suspect many of us might be driven to identify with those men who were absolutely turned to stone by fear. And yet these young men, mainly conscripts, screwed their courage to the sticking point and did the job the fate had chosen for them, heroes all.   .. UK PM Sunak perhaps thinks he understands mind numbing fear better than many as he dishonorably fled the beachhead to do nothing more than double down on dishonest spin and lies from the safety of a UK studio .. The Normandy heroes who not only held their positions, but advanced through hell to a victory that changed the entire course of history .. undoubtedly hold a different perspective.     from a perspective in TheConversation     .. 'That was the slot that sunaks team offered for the interview
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      Yes, send a message to the purchaser but keep it very friendly and simply that you noticed that the package has now been delivered.  I suggest that you ask them if they want to keep the package still or if they would rather return it and that if they want to keep it then please will they return your payment to you to your PayPal address. Keep it as polite and friendly as possible and then we will decide what to do if he doesn't reply or refuses.  Meanwhile I will have a look at Google earth and see if you are able to spot the gas meter outside the house to get an idea if the delivery is real. Get a screenshot
    • axil23
      Wrong settlement quote given on PCP.

      By axil23 · Posted

      Santander have sent their final response and have agreed that they were in the wrong. They will be refunding me the amount I am due and £50 for the delay.  Just the interest factor would be more than double the £50 that they are offering. Thinking to just close this and move on. Is this what you would do?  Opened a FOS case on the 1st of June but haven't heard back yet. 
    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      It just been delivered and ive had a live chat with p2g to get some proof of deliverey and they send me a picture of the parcel placed in a gas meter box which they class as a ' 'Safe Place'  and not placed into the hands of the buyer which is either a good thing as the buyer can claim he never received It so i can claim against p2g or a bad thing . Do p2g have coordinators when taking pictures and scanning of parcels ?  I know Royal Mail do ... I'm going to send the buyer a message and see what he says

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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.

I won my court case but I now need HELP! Please.

daisykinn1
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daisykinn1

daisykinn1

Posted
Posted

So basically my old landlords had promised to meet me at my old address at the end of January to give me my full deposit back, they didn't. I ended up making a court claim and I won through default, they didn't respond at all!

 

Now the baliffs are 'having trouble' getting the money back. Can I send them to the address I lived at that they owned. All the belongings in the main living room belong to the landlords...It's incredibly frustrating as I've done everything correctly.

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MrShed

MrShed

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Posted

Dont get baliffs get an attachment of earnings...

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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daisykinn1

daisykinn1

Posted
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Dont get baliffs get an attachment of earnings...

 

My ex landlord runs his own building business, and they can't apply that on the self employed.

 

I complained the the court manager via fax last night, and I got a call first thing this morning, making my case a priority so hopefully this saga won't drag on much long.

 

I still have house keys and room keys...

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daisykinn1

daisykinn1

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You can point them at your old address but if they can't gain entry there isn't much they can do. If only bailiffs were allowed to forcably enter a property....

 

 

I still have keys, maybe they could use those?

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MrShed

MrShed

Posted
Posted

NOOOOO.....a baliff must be granted access. You have four options:

 

- Warrant of Execution(baliff)

- Attachment of Earnings(apparently you cant)

- Garnishee Order(direct deduction from his bank account)

- Charging Order(placed on the property)

 

Your best option may be the garnishee order.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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basil010

basil010

Posted
Posted
So basically my old landlords had promised to meet me at my old address at the end of January to give me my full deposit back, they didn't. I ended up making a court claim and I won through default, they didn't respond at all!

 

Now the bailiffs are 'having trouble' getting the money back. Can I send them to the address I lived at that they owned. All the belongings in the main living room belong to the landlords...It's incredibly frustrating as I've done everything correctly.

 

How much has the Court awarded you? it makes a difference.

Court Bailiffs are not normally very effective. There are far better ways of getting your money, you just need to know how and what to do.

If you get stuck drop me an email and I will try and help.

Basil010

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basil010

basil010

Posted
Posted

How much has the Court awarded you? it makes a difference.

Court Bailiffs are not normally very effective. There are far better ways of getting your money, you just need to know how and what to do.

If you get stuck drop me an email and I will try and help.

Basil010

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Janet-M

Janet-M

Posted
Posted

GENERAL WARNING

 

Please be wary of acting on advice given by PM or email as if anyone makes a mistake no one can see it to correct them .If it is on open forum it can soon be corrected

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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daisykinn1

daisykinn1

Posted
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OK thank you.

 

They now owe me 425. That includes original 50pounds court fees then the further 55pounds to apply for warrant of execution.

 

The baliff rang yesterday & said the house they went to was empty..and she was writing the warrant off. I checked that was the landlords address on the electoral roll. I tried to do everything correctly and fairly but I feel high & dry. As a matter of principle I want this money back, the bonus will be paying off my barclaycard and showing the landlords they cannot get away with it.

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basil010

basil010

Posted
Posted

If you have a final return from the County Court Bailiff don't be too disheartened it doesn't neccessarily mean that they aren't there, more likely that the Bailiff just hasn't been able to contact them.

Do a Land Registry Search for the house and if it is owned by them file an Application for a Charging Order at the Court (cost £55.00) once it has been filed with the Court you will receive An Interim Charging Order which you can file with the Land Registry against the property. You will then be given a Hearing for the Charging Order to be made Final and once this is granted you can have on the property. If the Property is solely owned by the debtor you can havr a full Charge registered, but if it is jointly owned and the Judgment is not in both names you will be given a Restriction.

This will not neccessarily get you payment but will stop them getting any loans or being able to sell the house. In the meantime issue further Enforcement Proceedings like a 3 rd Party Debt Order against the Bank. This will in effect freeze the bank account except for any monies over and above what is owed to you. The problem is that if the account is in joint names then you will not be able to use this unless the Judgment is also in joint names, also if there is insufficent money to cover your debt it won't work. You can also put a trace on them to confirm their location and once you have found them place the debtor on an "Order to Attend for Questioning". This is a nice little tool, as once they have been served with the documents, if they fail to attend they can be sent to prison for contempt of court, (certainly wakes people up) cost £45.00. All these Enforcement Costs will be added to the Judgment debt by the Court

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daisykinn1

daisykinn1

Posted
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I think I'm going to go for 3rd Party Debt first, the landlords told me when I first moved in that this was a joint account in both of their names purely for rent and house bills so that should be ok, right? I just hope they have the money in there, I want to scream into a pillow at the moment!!

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basil010

basil010

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Great, you can download the form from the Court Services website. Just remember that the Judgment needs to be in both names for it to work on a joint account. Also if you believe that they have other banmk accounts then I would suggest going for the Order to Attend as well.

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daisykinn1

daisykinn1

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I'm really scared of just ploughing more and more money into this and it to go to waste but I'll give it a go. I'd feel awful about it, like they had the last laugh.

 

With the Order to Attend it's difficult, I know they're frequently at the property I used to live in but I can't guarantee they'll be there.

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basil010

basil010

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If you issued the claim in your own name the Court should try to serve them but they are not very efficient, especially as they knock off at 4.00 p.m. If they fail to serve them ask for the papers yourself and then wait at the address in the evening. Once you have given the papers to them file an EX550 Affidavit which the Court will supply to you to say that you have served them. if they don't turn up the Judge will issue an N39 which you will need to serve again and this time they will have a Warrant issued for their arrest of they fail to obey. It certainly frightens them when tis happens, but the 3rd Party Debt Order is a good one to start with.

Fingers crossed

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daisykinn1

daisykinn1

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Yes thank you for all your help.

 

They've never been threatening but I'm not confident about fancy two grown men alone so if I do that I will take some muscle with me!

 

Thanks again!

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meagain

meagain

Posted
Posted
I think I'm going to go for 3rd Party Debt first, the landlords told me when I first moved in that this was a joint account in both of their names purely for rent and house bills so that should be ok, right?

 

If and only if the judgment is made in both names on the account.

HSBC • Lloyds TSB • contractual interest • New Tax Credits • coming for you? • NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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daisykinn1

daisykinn1

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If and only if the judgment is made in both names on the account.

 

Yes, it's in both their names so fingers crossed.

 

Thank you for all your help! I will update when I have some news...good I hope. Good should trumiph over evil!

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