Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Dislao
      Islington Suspended bay - Obstructed sign

      By Dislao · Posted

      I dont want to, i just wanted to relate with this person. The council just wants to rip off people
    • jazztheman
      MFC The Sofa Store - New sofa + chairs not what expected - Refund possible?

      By jazztheman · Posted

      I paid for the furniture with a visa debit card so not sure if this is the same consumer rights as a credit card? The furniture is without a doubt unfit for purpose because of the reclining mechanism not working correctly. I suspect that I may be offered either a repair, a replacement or a credit note (that's if they accept that there are problems with the furniture). Do I have to accept a credit note or can I insist that I want a full refund?
    • lolerz
      Islington Suspended bay - Obstructed sign

      By lolerz · Posted

      Hi @Dislao As advice for everyone is different and tailored to your situation, please make your own thread and describe your issue.
    • jk2054
      Evri lost my Ebay parcel £844 - court claim issued

      By jk2054 · Posted

      Ok so they have given you the contract of you and packlink. your enforcing the rights of the contract between evri and packlink.... so I don't really think this contract makes a smudge of difference. unless ive missed something @BankFodder   Also on the bit that says "Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink,"   such agreement hasnt been provided so can't be considered. judges arent goign to consider a term that the defendant has just said exists. thats not how it works.    
    • lookinforinfo
      EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND

      By lookinforinfo · Posted

      I think Stockford Anderson are the land owners there. You could ring their London number 020 3443 8500 to confirm. if so the CEO paul Anderson and his son Aaron are about to climb Mount Everest to raise money for Dementia UK. There have been a number of fatalities on the mountain recently though the CEO of Iceland did complete the UK Dementia challenge last week. However the winds over Everest are going to increase in the next few days so anyone not on the way up at the moment are likely to be prevented from climbing.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

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

      Picked By

      WanTToMoveOn,

    • 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.

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Statements???

breezyd2
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6092 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

hilaryfrances

hilaryfrances

Posted
Posted

Hello breezy I have e-mailed you with the information, if I were you I would take a copy of the letter asking for a stay not to be granted with you and also send a copy to the bank. You will find it on my thread. You must also pay £35 court fee with this letter good luck Hils

Link to post
Share on other sites
caro

caro

Posted
Posted

Have you got everything you need Jackie? I've merged your 2 threads as it makes it easier for us all to follow your progress.

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.

Link to post
Share on other sites
breezyd2

breezyd2

Posted
  • Author
Posted

Hi Caro i believe so both posted off next day delivery yesterday so court and bank should recieve by 1pm today.

interstingly no stay letter from Hull court yet so does anyone know if judge is still allowing the hearings to go ahead.

im stressing cos im off to uni next month and need to be able to get back to Hull for any court appearence.

thanks for all your help especially Hils..your a star hun.

Link to post
Share on other sites
caro

caro

Posted
Posted

Interestingly I haven't heard that Hull are staying cases.

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.

Link to post
Share on other sites
  • 2 weeks later...
breezyd2

breezyd2

Posted
  • Author
Posted

UPDATE

Bundle submitted last week (tracked online both bank and court recieved).

No bundle from YB..!

Significant?

What do i do now?

i have seen some threads re a letter to the banks requesting bundles.. do i go down this road?

stay is not in place right now bbut im going to phone the court tomorrow to confirm hearing for october (cos im going to have to take time off uni to attend it 150 miles!!!).

anything else i should be doing?

Jackie

Link to post
Share on other sites
caro

caro

Posted
Posted

Don't send the bank a letter. Let them worry about what they have to do. You don't need to remind them.

 

You say the court order gives the defendant 28 days to comply with their part of the order, or the court will consider if thedefence will be struck out, but I'm not clear if they have another 28 days from when you had to submit your bundle. If you aren't sure either, phone the court and ask for clarification.

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.

Link to post
Share on other sites
breezyd2

breezyd2

Posted
  • Author
Posted

Does anyone think the judgement by judge Abrahams at Luton County Court on a stay on Barkleys bank taking anymore charges is a good thing or a bad thing.

Personally I think its great and when i attend court (if i dont get judgement in my favour) on Oct 1st I am thinking of applying for the same cos why should the banks stop all the claims because of the OFT case and STILL charge us exorbitant amounts!

Banks are the first to stick it to their customers so why should we not apply the same rules to them?

Jackie

Link to post
Share on other sites
caro

caro

Posted
Posted

I certainly think it's a good thing and worth asking the judge for a similar order.

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.

Link to post
Share on other sites
breezyd2

breezyd2

Posted
  • Author
Posted

Update:

Phoned Hull County Court yesterday to see if my case was still ongoing (worried about the stays) I was informed by the clerk that its buisness as usual so I still have to turn up on the first October.

I was cautioned to check the week before to see if any changes had happened and I remembered that the bank has until 28th Septembere to detail its costs to Judge Beresford, Maybe this will sway a decission on whether a stay will be placed. Im moving to Norwich in the next 2 weeks to attend uni so will be making a special trip back to attend the hearing, hence the worry and phone conformation.

Jackie

Link to post
Share on other sites
  • 2 weeks later...
breezyd2

breezyd2

Posted
  • Author
Posted

NEW UPDATE

 

Moved to Norwich now but before i moved last Saturday I recieved the Stay letter from Hull County Court where Judge Beresford has applied the dreaded order.. cant say im not disapointed but as im now a student i dont have that extra £35 for the application to remove the stay..

I was looking forward to going to court on the 1st October to have my say but will save another £30 by not having to travel 150 miles home for a 10 min hearing.

I am worried about the possible OFT decission last week that they may drop the case IF the banks give them some reasonable assurances on charges, I genuinly feel if this happens all us caggers can kiss bye bye to our claims..

Its sit and wait now for the ruling from Hull on the 28th Setember when Yorkshire Bank had to prove their charges but will this go ahead in light of the OFT case?

By the time its all sorted i will have no nails left and I will have snow white hair...oh and be slightly more insane than i already am!!!

Jackie

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...