Jump to content


  • Tweets

  • Posts

    • You can easily argue your case with no sign on the nearest parking sign
    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
    • you should email contact OCMC immediately and say you want an in person hearing.   stupid to not
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

HFC bank/Paragon personal finance/restons solicitors


nino1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6178 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

i've just found this wonderful site and hope that I can benefit from the work that seems to have been done and is ongoing.

 

Does anyone have any history of dealing with HFC bank/paragon personal finance and their solicitors Restons?

 

I am going to try and get my charges back from the two financial institutions following your leads.

 

However my accounts have been passed to these solicitors who seem to run to court asap adding to the account at every opportunity.

 

Any advice gratefully received:shock:

Link to post
Share on other sites

Hi nino

 

Does anyone have any history of dealing with HFC bank/paragon personal finance and their solicitors Restons?

 

I did a quick search but couldn't find any threads with HFC in the title. However, all these instititions are effectively the same and experience of one is generally transferable to another.

 

However my accounts have been passed to these solicitors who seem to run to court asap adding to the account at every opportunity.

 

Now's your chance to turn the tables!

 

Steven

 

If this post is helpful, please click the scales

 

 

Link to post
Share on other sites

  • 3 weeks later...

Hi Nino,

I'm claiming against HFC, just wondered how you were getting on??

Jo

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

My first account was rushed into court by the solicitors Restons, who got a charging order against my house before I had a clue what was going on. They've gone down the same path with a second account and obtained an initial charging order, but I appeared at the hearing to make that a final order and explained to the judge that i had concerns about the amount being asked for and she has put the hearing back a month to enable me to gather more information(help), Restons have come up with the copy of the credit agreement but I've heard zip from HFC about my SAR! Post confirms delivery of request. It occurs to me that surely there should be some sort of legislation stat prevents solicitors like Restons making fat profits by charging £1000+ for serving a bit of computer generated process to the bulk debt service??? Any thoughts???

Link to post
Share on other sites

Wow this sounds really technical. I haven't had all this because the accounts with HFC were settled a few years ago. It's a shame because there are only a few HFC claimants and therefore not much to compare with really. Steven 4064 is normally quite knowledgable around the more technical aspects so hopefully bumping this back up to the top of the list he will pick it up and have a look

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

Sorry to let you down nino (and Russjo) but this is outside my areas of knowledge. I think you ought to be able to ask the court to put the case back until HFC have complied with your SAR as that must form part of the 'more information' the court gave you time to gather, and it is in the gift of the Claiminat to provide it - perhaps you could phone the court and ask whether this is possible.

 

Otherwise I suggest you PM a mod for further advice.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

Link to post
Share on other sites

Hi Steven,

It just made no sense to me at all and I didn't know what advice to offer. As usual you've come up trumps with a suggestion

Jo

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

  • 2 weeks later...
i've just found this wonderful site and hope that I can benefit from the work that seems to have been done and is ongoing.

 

Does anyone have any history of dealing with HFC bank/paragon personal finance and their solicitors Restons?

 

I am going to try and get my charges back from the two financial institutions following your leads.

 

However my accounts have been passed to these solicitors who seem to run to court asap adding to the account at every opportunity.

 

Any advice gratefully received:shock:

I have had experience of Restons Solicitors based in Warrington. They are very difficult to deal with and unprofessional and underhanded tactics in gaining debt recovery for clients. They do not wnter into any negotiations and are dishonest in their dealing. I am about to lodge a complaint to the Law Society and the local Trading Standards regarding this Company. Hope this helps and would be interested to hear from other people of their experiences when dealing with this company.

Link to post
Share on other sites

I had two accounts with HFC, one was a credit card(Sky/beneficial visa) the other a loan(beneficial finance).

I had agreed token payments on both accounts with HFC pending my affairs getting back to some sort of order following a job loss. This went on no problem for about three years with a small increase in the repayment. 2006 I provided them with a change of address and an updated I&E account. They responded with a default notice to my old address.(6 months after I notified them). I was contacted by Restons on 25/8/06 by letter asking for immediate repayment plus a collection charge of £1800(but also suggesting that HFC wanted to draw my attention to an opportunity for me to clear at a specially discounted figure).I finally got to speak to someone 19/9/06 the person was very rude and had no intention of negotiating at all(HFC had already offered me a reduced settlement on both accounts) despite me trying to get him to expand on the letter. He also said he was not in possession of any details from HFC. Restons filed for a charging order on 22/09/06.I moved again(notified them) the court stuff was sent to the old address, when I got it, it was too late the date had passed.I sent the stuff back to the court anyway(as the second account had also now been started in this way by Restons). Initial charging order was granted on account 1, I went to court when they applied for a final and I lost. It now appears that a judgement was obtained in February on the second account(didn't know it took place unless it was to do with the forms I sent back with the 1st lot) which resulted in me going to court to defend an interim order to stop it becoming final. Before going I'd lucked onto this site so sent of CCA to Restons and SAR to HFC. Judge listened and agreed to postpone case for 28 days?? I haven't heard any more from either the court or Restons. I pointed out in court that part of the Restons submission was that as a result of the hearing I didn't know about I had been asked to pay a bit more. I hadn't done this and how could I be expected to if no one informed me. I was able to show recipts for the regular payments I had been making.

I've now had a reply from Restons showing the CCA for account 2. It doesn't seem to make any reference to DPA(dated 11/97) DO YOU THINK RESTONS HAVE ANY RIGHT TO BE PROCESSING MY DATA?

I've also got a load of stuff back from HFC about account1. All undecipherable jargon(although they sent me a list of codes) no copies of letters as they 'don't keep copies of letters generated automatically' and no copies of statements. So little help in locating any sums that have been incorrectly charged. and no help in defending the outstanding action - they have passed that bit on to their credit card section.

SO ANY ADVICE IS WELCOMED. and also I believe that Restons and I'm sure they're not alone in the land of solicitors, seem to be working a nice little business with the banks such that people already in financial difficulty are dragged further down to enable this greedy group to prosper at our expense.

Link to post
Share on other sites

Hi Nino,

I know you said there are a lot of codes, what are the codes and I'll see if I can work them out from what I've got

Jo

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...