Jump to content


  • Tweets

  • Posts

    • I had been away as i didnt have any update i had been only waiting for the mediation appointment to be given which is i think processed bit delayed due to their workload. I have been given the appointment last week.  please see below their defence .   “Thank you for your email. Firstly, please allow me to offer your our most sincere apologies for the service you have received on this occasion. As advised by my colleague when booking this order, you are required to enter the value, upon entering this value a pop-up message was provided requesting that you protect your goods fully, you declined this option on more than one occasion and accepted to send this with just the standard £20.00 protection against loss or damage. I am afraid the offer made £100.00 as a matter of goodwill gesture without prejudice is the full and final settlement we would be willing to offer. It is of course your prerogative to take this case further, however, I must advise that should this go forward we will defend the case based on the information provided previously and the following Terms and Conditions which you agreed to when booking this order: https://www.parcel2go.com/content/about-terms.aspx "The Extent of our Liability 6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7. 6.5 We shall not be liable to you under any circumstances for: (a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or (b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission. 6.6 We shall not be liable to you: (a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights; (b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or (c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us. The Limitation on the Amount of our Liability 6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. " Again we do apologise for all the inconvenience
    • It's been sometime since we had from you. Could you just bullet point itemise the salient points in their defence. In terms of the requirement for flexibility – we always suggest that you stand your ground. You can make it clear to the mediator that the advantage them is that they avoid getting a judgement and incurring additional costs. But maybe you can just give us a quick resume of what has happened – and I mean Quick. By the way how long ago were you given this appointment?
    • Okay I think that you should write this up very carefully – a bullet pointed description of everything you have found supported by a photograph of each point of concern.   The next thing we have to do is we have to get a quote from some independent source for repair or replacement. Two independent quotes would be useful. Some people might want a fee for this but on the other hand they are so hungry for sales, that they may well give you something in writing free of charge in the hope that you will come back to them. After that I think that we will have to go for Vodafone that the telephone they returned was not in the condition it was when it was sent and that we believe that they have caused additional damage. We shall then have to offer them options to replace it or to repair. Let's see how it goes. Your son is 15 years old. Does he take an interest in this kind of thing because it could be a useful lifeskills lesson for him.
    • Just an update, i have mediation appointment tomorrow.  i am reading old threads, any more suggestions ?  On mediation form it was written i should be showing some flexibility , should i show flexibility or stay firm for my full claim ? 
    • I'm getting the sense you may be right!   Finally opened the phone. It's packed in exactly the same type of box we sent it off in, except this time there is all sorts of fluff and 'bits' trapped beneath the clear cellophane and the phone's screen which holds it in place inside the box (photo taken in situ).   On removal from the packaging there are fingerprints on the back, so it has been 'looked at'. I had wiped it clear prior to packing to emphasis it's 'immaculate and undamaged' condition.   Unfortunately, two small but obvious scratches or cracks have now miraculously appeared near the edge of the screen.  These weren't declared when I sent it off because funnily enough, they weren't there! 
  • Our picks

Joercityfan v YB ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5239 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

Hi there I've not posted here for a long time but I thought I would bring you up to date.

Filed with MCOL against YB at the end of March. No acknolagement or defence filled by the 19th of May, applied for judgement by default which was granted, no contact from YB so applied for the bailiffs to go in, which again was granted. Does this mean I have won or should I put the celabrations on hold?

Has anyone esle been in this situation? Will YB have anything up their sleeve I should be aware of?

Cheers

Joe

Link to post
Share on other sites

joercityfan, I presume you have applied for a warrant of execution. They may apply for stay of judgement which would delay your claim, but i think you are so far down the line now. You will get your money soon.Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

Hi Parkvale

I applied for judgement by default which was grated, then I applied for a warrant for the bailiffs to go in which again was granted and moved to my local court for exicution.(I think).

Joe

Link to post
Share on other sites

jo, read my GE Money thread. It is exactly the same as what you are going through.

I can smel;) l your cheque.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

Hi guys to cut a long story short I applied and was granted judgement by default on the 22nd of May, I then applied and was granded a warrant of execution on the 23rd of May. Today I have recieved a letter from Clydesdale Bank Legal services saying they are defending the claim and that I haven't provided them with any details of account number or list of charges to which I have sent them 3 copies.

Can they defend a claim after judgement has been awarded?

Please help I thought I had beat YB.

Cheers

Joe.

Link to post
Share on other sites

Sadly I think they can get away with this. I would send them a letter stating that you have already supplied details of the account and a list of charges but include a copy again.

 

If anyone with further knowledge can tell you any different then I'm sure they will be along to correct me.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

Link to post
Share on other sites

Hi there (again) I've just had a thought and I would be very happy hear you others guys & Gals thoughts on it.

I recieved a letter from YB solicitors from Bonny Scotland saying that they are defending the claim (even though I have been granted judgement by default and also I have requested the bailiffs to go in which again was grated) and saying that they have not recieved any requests or account info from myself ect ect, I am not filing agaist their head office but my local branch and all the letters and lists had been sent to the local branch.

What I'm trying to ask/say is I am claiming from my local branch and therefore should I ignor the letter as it is not from my local bank?

I am grasping at straws?

All your thoughts & advice are as all ways greatfully recieved.

Joe

Link to post
Share on other sites

  • 2 weeks later...

Hi guys I just phoned the Bailiffs regarding the warrant against YB that was issued on the 23rd of May. I recieved a letter from YB solicitor on the 25th May saying they were defending the claim & want acc details ect ect.

I phoned the bailiffs 5 mins ago to see what was happening and to my amazement they said they had recieved a cheque form YB for the full amount but I will have to wait 21 days until I recieved the cheque. Do I take this as a win or should I still hold my breath? Starting to fell chuckle to myself (can't help it) & laugh at YB for all their snotty & cocky letters and attitude. Oh sorry just under £5000.

:razz: :razz: :razz: :razz: at YB & Clydesdale.

Link to post
Share on other sites

Would seem like a win but wait until the cheque is in your hands before raising the roof.

 

Also why will it take 21 days to get the cheque to you?

 

Does it mean that YB have paid the baliffs who will then bank the cheque, get 21 days interest and then pay it to you?

 

If so can you not ask that they pay the interest to you?

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

Hi PPMan159

I don't know why 21 days the bailiffs said it was something to do with insolvency as they had sent the cheque to them????

However Iwould have thought they would have paid it straight into my account.

Link to post
Share on other sites

As the claim was instigated by yourself I would have thought that the cheque should have been paid direct to you.

 

Why not give them a call back to find out why it is going to take 21 days-seems a bit odd to me.

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

Hi again I've just spoke to the bailiffs again asking why the 21 day wait it is because any amount of money over £500 that they are asked to collect has to be held in case the person/persons goes into recievership. this according to the bailiff is a legal requirement if the bailiff is paid direct.

Cheers

Joe.:-|

Link to post
Share on other sites

Fair enough but I would still think that the interest on the funds should enter the equation at some stage.

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

Hi guys I just phoned the Bailiffs regarding the warrant against YB that was issued on the 23rd of May. I recieved a letter from YB solicitor on the 25th May saying they were defending the claim & want acc details ect ect.

I phoned the bailiffs 5 mins ago to see what was happening and to my amazement they said they had recieved a cheque form YB for the full amount but I will have to wait 21 days until I recieved the cheque. Do I take this as a win or should I still hold my breath? Starting to fell chuckle to myself (can't help it) & laugh at YB for all their snotty & cocky letters and attitude. Oh sorry just under £5000.

:razz: :razz: :razz: :razz: at YB & Clydesdale.

Well done, joercityfan 902684, at least you know it's coming and it's all over now.

nervous.

Link to post
Share on other sites

;) Cheers nervous

Started in Feb 4 months isn't that long really but I can't understand why they draw it out so much.

All I can say is what everyone else is saying stick at it and don't let them (YB/Clydesdale) put you off. They WILL & DO PAY just stick at it and to your time scales not theirs, state all the facts when dealing with thier legal team including mentioning all the the letters they or your bank has sent you aknowleaging they have recieved all your account details and tables of charges and that you will use these if nessercery. It's long winded but it seems to work.

Best of luck & oh just for the record I'M going after all my charges post 6 years as well now.

keep the faith

Joe.:D

Link to post
Share on other sites

Congratulations Joey, although I've never heard of a cheque taking 21 days to clear. Given the profits the NAB group have been showing I don't think bankruptcy is an issue either.

 

Is there anything in writing from the bailiffs about this, and if they will pay you interest on your money. After all they've had a fee as payment.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...