Jump to content


  • Tweets

  • Posts

    • Please don't use hosting sites. Read upload and use  pdf dx          
    • Just read the terms and conditions, Interesting read.   My contract is with Parcels 2 go, and not DPD.   15. ADDITIONAL PROTECTION For goods Transported within the United Kingdom and Internationally, if we cause the physical loss of or physical damage to any goods while we are Transporting them, and storage other than storage under Condition 11(c), we will pay you as follows:- a) Where you have paid or agree to pay our charge for Additional Protection and we have agreed to the this: - i) The most we will pay is £5000 per Consignment. We work this out by referring to the actual value of the Consignment as set out in Condition 15(b). ii) Where "Additional Protection" is taken out and a Consignment is partially lost or damaged, we will only pay for the part, which is lost or damaged. Depending on Condition 15(b) nothing in this Condition will limit our liability for damages below £50 for any one Consignment. iii) We will work out the actual value of any goods lost or damaged by referring to their repair, replacement, resale or market cost at the time and place of collection, whichever is less. The value we work out will not be more than the original cost of the item you have actually paid for, plus 10%. b) If you ask for "Additional Protection", you must tell us the nature of goods to be carried. We will decide in our discretion whether "Additional Protection" will apply to any Consignment.   I paid an additional fee of £2.50 ex VAT, for protection to the full value £100. However in the terms above, it states above that the most they will pay is £5000, as i've paid the additional protection yet it doesn't actually detail the service price paid. They will set the price regardless of how much additional protection you pay for, is the way i am reading this.   So, i say the value is £100, and i pay £2.50 ex VAT. The above means i'm covered for £5000 irrespectively of what sum of money was paid. I gave them a value (Not disclosed as Inc or Ex VAT), yet they will decide the value worth. However, how will they know what 'plastic electronics' value is worth!?    
    • 1st Post,   So i needed to send back some goods to a ManF in the UK. Bit time conscience so decided to go with DPD Local as it's a fair price based upon 24hr delivery.   Sent 3 items within the same box, wrapped up in a Cardboard box, decided to use digital label (Retailer sticks a thin self adhesive Barcode on the box!) knowing from previous experience, i decided to print out a letter inside with Address of Sender and Receiver,  plus another sellotaped within a transparent wallet on the outside of the box, with receiver address shown.   All 3 items are actually faulty, so i declared them as 'Plastic Electronics' which they are, PCBs housed in plastic. Due to the fact they were faulty, DPD standard is £50 cover, so i boosted this to £100 only. In reality, 1x Good is worth £400 working, 2x Goods no longer manufactured but can be repaired which was the desired outcome est £1000. Plus insurance is 10% of the items declared sum, meaning £1000 is £100 fee inc the 20% VAT, expensive gamble either way.   DPD tracking stopped, so made a phone call and played dumb that i couldn't find my tracking number (Only given at point of drop off) and gave them my online DPD Reference number, Operator said this is useless. Only then i gave them my tracking number, then they asked me to repeated everything i have declared verbally, to start an investigation.  Operator said they started an investigation and i should call back in 5 days...5 working day? No reference numbers, no nothing...take there word for it!   I can't seem to understand why we fill out paperwork, have to repeat ourselves, I packaged the box perfectly suitably including adding postage addresses in and outside the box. Gave it to DPD to delivery, yet they have no clue of the parcels whereabouts once collected.   Why would they ask me for the contents? Does this mean they have the authority to open any box within there possession? Feels like i've sold DPD my package, and i have to do all the legwork to get a service which is now late/delayed, written and verbal chasing and potentially filling out claim form. Doesn't make sense when we are told what our side of the contact is, wrap, stick, drop off..   What can i do now?    I called Monday 20th Sept, and have to wait 5 days before chasing, again i chose DPD for trust and time..  
    • @BankFodder just a quick update I have been informed by my sister in law her husband was arrested by the police tonight after being circulated as wanted, she rang me threatening on the phone etc this has been logged with the police. Also need to write a letter to the independent assessor by 8th October im really sorry im really struggling with this x
    • received a letter from restons  dated 11th september . requesting me to withdraw my defence or they will strike out my defence . they believe that their client has complied with my request and restons have sent me   A copy of letter which allegedly tesco bank sent me on  25/10/2019 ,the letter is supposed to be a letter of assignment . this letter goes on to explain how debt managers services is going to process and use my data.   Restions have also sent me a statement from tesco bank stating balance etc.the date of statement is 26 /10/19 .   Also restons have sent me a copy of the credit agreement dated 30/07/2008 . the agreement is supposed to be electronically signed .         https://www.imagebam.com/view/GA1S9T  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Mrs Trout VS RBS


TheTrout
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5170 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

Hello there, I am hoping for a bit of advise if possible..

 

I started the wifes claim a couple of months ago, and have progressed to the MCO stage.

 

I have recently recieved a letter from the Infamous "Cobbetts"

 

This is what Cobbetts have said... (Sorry it's so long winded)

 

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

 

1 - This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2

 

2 - The reason(s) why this request has been served are set out in the defence which has been served by the defendant

 

3 - You are asked to provide a response to this request in accordance with CPR Part 18 by 7th August 2007

 

Etc etc

 

The Request

 

1 - In your claim you state: "the defendant debited charges and interest in respect of purported breaches of contract"

 

2 - Please provide the following particulars in support of your claim:

 

2.1- In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same.

 

2.2- In relation to each charge, please clarify the following (a) is it the case of the claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © if no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimants case.

 

3- In your claim you state that the charges are: "unenforcable under the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law" and "they must be reasonable under s15 of the Supply of Goods and Services Act 1982".

 

4- Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of The Unfair Contractual Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the regulations"); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) reffered to are unenforceable.

 

I have searched the "Cobbett" keyword, and have read on here that I shouldn't have to answer a CPR 18.

 

I just need to clarify that what they are asking me above is just to scare me, and basically what the best course of action is for me now? (Ie Answer it in some way, ignore it, or crumple under the weight of the arguments above ;))

 

Thanks

Link to post
Share on other sites

Ah sorry a bit more reading for you people in the know.

 

This is the Defence - (sorry even more longwinded)

 

1- This defence is filed and served without prejudice to the defendant's case that the Particulars of Claim do not disclose reasonable grounds for brining a claim against the Defendant to recover the bank charges (and interest thereon) reffered to in the Particulars of Claim or any other sum(s). In the event that the claim is not properly paticularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2- Without prejudice to the foregoing paragraph, if and to the extent that the Claimant proves the allegation that the defendant debited charges to the claimants bank account, insofar as such charges were debited on a date or dates more than six years prior to the issues of this claim, any remedy in respect of the same. whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and/or the doctrine of laches and the defendant will apply to strike out this aspect of the claim and/or for summary judgement.

 

3- No admissions are made as to what charges have been debited to the Claimant's bank account.

 

4- The Claimant refers under paragraph 3 of the Particulars of Claim to having provided the Defendant with a copy of the list of charges. The Defendant has not yet recieved a copy of this list. The Claimant is therefore put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge (a) the date and same was debited, (b) the amount of the same and © the description applied to the charge.

 

5- In relation to the allegation that the contracual provisions pursuant to which the charges have been applied are unenforcable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the common law, the claimant is required to identify:

 

5.1 (a) the section(s) of The Unfair Contract Terms in Consumer Contracts Regulations 1999 ("the Regulations"); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) reffered to are unenforceable; and

 

5.2 the contractual provision(s) that the claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.

 

Until such time as these sectiosn/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation reffered to in paragraph 5 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

 

6- In relation to the case of the Claimant that the charges must be reasonable within the meaning of section 15 if the Supply of Goods and Services Act 1982 ("SGSA") the defendant pleads as follows:

 

6.1 The Claimant is required to plead and prove the necessary factors (referred to in section 15 SGSA) concerning the contract between the Claimanr and the Defendant which mean that pursuanrt to SGSA section 15 there is an implied term that the Claimant pay a reasonable charge for the service under the contract.

 

6.2 Further, the Claimant is required to pleade and prove (a) that the bank charges which have been debited are unreasonable; (b) all facts and matters relied upon by the Claimant in support of this case and © what charges would have been reasonable.

 

6.3 In the circumstances no grounds are disclosed for a claim that the Defendant has acted in breach of SGSA section 15

 

6.4 In the circumstances (save as appears below) the Defendant is unable to plead to this allegation beyond denying it has acted in breach of SGSA section 15 as alleged or at all. The defendant reserves it's right to plead further to this allegation once (and if) the defects in the pleaded case referred to in paragraphs 6.1-6.3 above are addressed

 

6.5 It is the case of the Defendant that the contract between the Claimant abd the Defendant does not fall within SGSA section 15 because (a) the consideration for the service would be determined by the contract between the Claimant and the Defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the Claimant and the Defendant.

 

7 The Claimants claim for costs not being sufficiently particularised, the Defendant is unable to plead reserves the right to plead upon further particulars.

 

8 To assist the Claimant with the proper particularisation of the claim(s), the defendant serves with this defence a request made pursuant to CPR Part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the defendant will apply to the Court for (amongst other things) an order striking out the claim.

 

9 Pending the proper particularisation of the claim(s) the Defendant is unable to plead to the Claimant's claim(s) beyond at this stage denying that the Defendant is liable to the Claimant as alleged in the claim or at all. The Defendant reserves it's right to amend this Defence to plead further to the Claimant's claim(s) once or if the claimant properly particularises the same.

 

10 Save as hereinbefore appears the Defendant joins issue with the Claimant on the Claim(s) and denies that it is liable to the Claimant as alleged or at all.

 

Basically I take it this is roughly a standard defense from Cobbetts, or is there anything I should be wary of?

Link to post
Share on other sites

The defencr you've received is one of cobbetts' standard 'template' defences. Also, their CPR Part 18 request is also a standard intimidatory tactic that they tend to use with claimants who've filed via MCOL (basically as there isn't enough space to adequately particularise the claim).

 

You only respond in full to the CPR 18 if the court orders you to do so. For the moment, send them the letter that's linked to my signature and attach a copy of your schedule of charges (copy to your local court for information with your claim number once your claim is transferred to them).

 

Best of luck :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...