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

FairWorldCitizen

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  1. FairWorldCitizen
    Yes I have printed the documents to be sent by post as particulars. And yes, I did re-read and modified so "explanation" disappeared. Thanks so much again for your attentive help. I'll post an update when there's one.
  2. FairWorldCitizen
    You're a darling. Thank you very much!
  3. FairWorldCitizen
    You're right BF. I have been a claimant once (in 2013), at that time I used the Citizens Advice and perhaps I should do the same because the issue is different. Still if it helps: - I ordered online on their website www.porcelainsuperstore.co.uk - I advised PS the very same day the builder received the items and took photographs to let me know. Since then, I have contacted then many times by email and phone, they acknowledged the issue but never come back to me. That's the reason I decided to issue a letter before court claim.
  4. FairWorldCitizen
    Dear members, Due to a dispute with a company called Porcelain Superstore, I would need to check the following in order to submit a money claim online properly. The problem happened after I purchased a set of tiles from their online shop www.porcelainsuperstore.co.uk (£3255.84). While the tiles are described as "Grey" on their online product page, my wife & I received Brown tiles. After contacting them and sent the picture taken by our builder (who spotted the problem when he received the tiles), Porcelain Superstore accepted to refund. Then I purchased a different set of tiles from them again. Porcelain Superstore missed the collection date that they had communicated, which costed me an additional £140 of labor (as our builder had to place the faulty tiles on a pallet ready for collection on the day, and then again). From there, Porcelain Superstore became particularly unpleasant. At the end, the collection of the faulty tiles happened. However, Porcelain Superstore refunded the tiles LESS an arbitrary fee for the return. Both Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 (Information, Cancellation and Additional Charges) define that the seller must not charge anything when the goods are faulty. These people behaved awfully without the least consideration and I won't accept they simply decide not to pay. I want to claim the arbitrary fee. My questions are as follows: 1) Question 1 In the claim form, do I only refer to: - Consumer Rights Act 2015 (http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted) - Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: (http://www.legislation.gov.uk/uksi/2013/3134/contents/made) or should I cite the elements of each act that support my claim? 2) Question 2 I have sent a "Letter before court claim" by 1st class mail, and a PDF copy of it by email. Is there anything more I am supposed to do before submitting the claim? Thank you in advance.
  5. FairWorldCitizen
    Good afternoon, I'm terribly sorry but I missed to provide feedback on the "case". After complaining to Eurostar in January and Febrary 2017, Eurostar denied being responsible for the missed departure. This was even if my sister was present at the checkin desk as per the ticket's T&Cs. There is in France a public dispute resolution bureau which accepts to handle this type of consumer claim. However, they charge a standard fee for all claims. We presented a complaint to the Eurostar "médiateur" which did not accept the claim (as you would expect) and said Eurostar does not warn passengers. On this basis we presented the complaint to the European "National Enforcement Body", with details of the ticket's T&C and the experienced issue. They advised that the transport company must meet the obligation to notify passengers of the problems going on with the transport management. In other words, problems happenings at border and causing delays in checkins or departures must be notified to the passengers (text, email) so that they can adjust in consequence. This is based on Rail passenger Rights - Regulation (EC) No 1371/2007 sections Delays and cancellations and Security, complaints andservicequality Financially speaking this means a 50% compensation must be paid for the delay, plus a refund. On this basis, a court claim was presented for the above payments and was settled by Eurostar. "Know your rights".
  6. FairWorldCitizen
    Good evening, For once I will submit a question instead of advising, as I am really not sure what I should do. My sister visited for Christmas, she purchased a Eurostar return ticket from Paris to London. The return journey wasn't brilliant... Eurostar advises to reach the London station at least 30 minutes before the departure time. On 26 Dec, she arrived around 45 minutes in advance (because buses to London were slower than usual due to city traffic), just to find an immense queue at the checkin. Time went by and when she reached the checkin desk, the operator said that it was too late to board the train! The only "solution" they offered to cross the channel was to purchase another ticket for a next train. While she had purchased the return ticket for around 75 EUR, she now had to pay an additional 150 EUR! The operator said she didn't have a cancellation or change option on the ticket. I find this insane. She has sent a long complaint, as by experience Eurostar deals rather well with customer problems (back to 2009, I was in 3 trains, the first time the train got burnt; the second time the tunnel got flooded; the third and last one, I stayed stucked in the tunnel for 3 hours). They have replied that the delay was due to additional passport and luggage controls. They have directly processed a refund of the first ticket price. Still from my perspective: - she suffered a delay of several hours; - on top of this, the delay costed her 75 EUR; Eurostar also said that they didn't communicate with customers (text, email) although they were aware of the delay, because... this isn't what they normally do. Any advice on how to pinpoints evidence against regulations or enforcement bodies' guidelines? I believe in a fair world she should not only have suffered any financial loss, but also should get compensation for the delay. However, a total refund of the second ticket will still be better than having to pay 75 EUR! Any advice? Thanks in advance.
  7. FairWorldCitizen
    A note on two of the original questions ("so we can then make full payment and clear the CCJ or is it pointless" and "and we just look for a landlord who will take us regardless of the credit check"): If you intend to apply for a renting agreement, a loan, a mortgage etc or even apply for a service contract, you will find worth paying the debt. I would suggest you inform the creditor by writing. That done you will apply for a satisfaction certificate - I think it is 15 GBP. If you take this path you will have paid for the cost of the claim only (60 probably?). The CCJ will remain logged on your credit files but: 1) this CCJ will show as satisfied 2) your certificate can be reasonably shown to any company doing the credit check - for a renting agreement you generally have a section to declare any credit item to be aware of. It does not guarantee that your application is successful but would look clear enough for many agencies/landlords.
  8. FairWorldCitizen
    Bunsen: I will respond from my professional (design of mortgage applications in a well known bank in UK) and personal experiences (CCJs as a creditor). Any mortgage or lending application is most likely to be denied as CCJ appear in the report from any credit history house. However, you could 1) mention the CCJ at application time, 2) pay the debt and 3) present a certificate of satisfaction. The certificate can be obtained after payment of the debt at the county court where the case was registered or transferred to. Leaving credit checks aside, the 4 years old CCJ is still recoverable by the DCA anytime.
  9. FairWorldCitizen
    Thompson will, obviously, reject all compensation requests. They reject obvious claims made the day after a flight so.... You have done your homework and found the information on the (updated) EU regulation, now you should follow a standard procedure. Send a request for information to the UK CAA (they will transmit to another country if needed), include the issue concisely and precisely. Start sending a formal letter stating that as per your records you are still awaiting a compensation as per EU regulation. Include all flight, passenger details, details of incident etc, and past correspondence. Include a copy of the regulation which includes the 6 years terms, or a copy of the money savings expert page. Send a "letter before court claim" - you have examples on the forum. (at this point they won't have paid anything) Now, because your flight is dated back to 2007, you would choose between making the claim yourself or giving the case to a specialised lawyer. A specialised one will take probably 30% of the compensation but is likely to win the claim. Also, depending on the amount claimed, Thompson would consider settling the claim before it goes to court formally. The lesser the amount, the higher your chances. Good luck.
  10. FairWorldCitizen
    To set aside a judgment, you need enough grounds for it. Not only there is a cost, but there is law as well as a UK system which is very busy. Worth mentioning that (contrary to what is often believed on this forum and others) having a judgment set aside doesn't mean it disappears.... it goes back to the initial stage and you will probably have to attend the hearing. You should at least return the forms demonstrating that you are self employed. The fee that the creditor has paid however would be added to the debt I believe (you should check with the court).
  11. FairWorldCitizen
    Good to know that you got them. They have no right to treat people the way they do. And I like when people give the output back on the help thread. It helps others so much.
  12. FairWorldCitizen
    That's a buyer choice to buy or not, but the purchase needs to be done based on a full description of the car. If the car has a particular condition, it is supposed to be highlighted if the owner knows it. So, faults need to be disclosed, and up to buyer to decide. Now, the fact that owners tend to forget about known faults is obvious.... (not saying that for you, Sheffix, I don't know) Secondly, and it's the most important, the thing becomes quite different if this problem was making the car unroadworthy at the time of purchase. Indeed, it's up to the owner to ensure that the car is roadworthy, not to the buyer. What exactly is the "engine light" in this case?
  13. FairWorldCitizen
    Obtaining these fees back is probably very disconnected from the initial case. You would have reasonable chances of getting the judgment set aside IF: 1) all court forms were sent to an address other than a last known address (i.e. if the claimant has communicated an address with was indeed an address you have been living in recently, this condition isn't met). Also, if the claimant has tried to contact you, then this condition isn't met. 2) there is a ground for having the court reconsidering its decision. This obviously depends on the matter and you would need to convince the court. If a judgment by default has been obtained, it means the claimant has provided the information and the law has applied (the law is very simple for private sales). I think you should clarify what "he was not happy with the car" meant. What was the matter?
  14. FairWorldCitizen
    As it's a private sell, the car is sold as seen. HOWEVER: 1) issues should appear in the car description and issues must have been described by the seller. If the car was advertised on a website for example, this issue must be within the online description. 2) the light should not cause an MOT test to fail. Otherwise, if the car becomes unroadworthy (by means of a real MOT test, or by a pre-MOT service with a report), then the seller will be able to cancel the sale or claim the amount for the repair.
  15. FairWorldCitizen
    As for any similar situation, you should monitor the debtor's circunstances to keep an eye on its financial situation. Even if your debtor has the profile of someone who would not bother, or perhaps not immediately, there is always a way to recover your money. Some will say it is a low debt, some will say that when the debtor doesn't seem wealthy 200 is easier to recover than 2000. Remember that you got your judgment recently. Even if it is generally better to move to enforcement within the next months after the judgement, you have 6 years to start enforcement steps. You might notice a change of situation in the debtor in 2 years and then be able to action one of the enforcement options. Right now it is pointless to apply for an AEO as it won't be accepted for someone on employment benefits. It doesn't mean that the debtor will not get a job later. A third party debt order can also be considered if you know that the debtor is likely to receive money. You can obtain the latest address / check residency of someone by using a tracing service.
  16. FairWorldCitizen
    Back to the status of a registered CCJ, I wanted to add if it can still help you, that by coincidence I could verify something that I mentioned before. I am moving to a new home, and because this country needs a credit check for everything, I was asked by a credit check company to fill in a form, this form at the end has 2 checkboxes: 1) Do you have adverse credit history? 2) Do you have a criminal record? and they say please call the company if you have responded yes to one of these. I phoned them by curiosity and asked what would happen if there is a CCJ appearing for me in the register. The lady immediately changed her tone but she explained that an unsatisfied debt appearing there would likely result in my application being rejected by the renting agency, even if my salary would largely cover the 2.5 times the annual rent and the debt was low. While a satisfied CCJ would basically make them return a check with a warning to the agency but that it generally does not prevent agencies from signing the contract. So there's definitely a difference! (I didn't ask about the criminal record.)
  17. FairWorldCitizen
    steampowered is right, you have done what you could possibly do and this is what a court would think. I have had to claim money from someone, and had a number of advice sessions from the CAB even before going to court. What we did was as follows: - we sent a first letter by recorded delivery, this letter included why we were owed the money and all attached paperwork justifying the amount. This letter was delivered so we had proof of delivery. This recorded delivery is not mandatory but ensures that in case the debtor doesn't reply after that, you have complied with the procedure and you can prove that the debtor was aware. It will also ensure that if you need to enforce a judgment obtained by default, the defendant will not be able to try to set aside on the ground of not having received any paperwork, as he/she got a letter, has a last known address and therefore was aware of a debt. I will add that as per explanations from CAB, a first class delivery is in fact enough, a recorded delivery isn't required by law. - a further 'letter before court claim' was also sent by recorded delivery but the post office attempted delivery without success, obviously the debtor just didn't want to open the door to them. The lawyer at the CAB just said the same: "You have done all you can possibly do". The lawyer helped us to make the claim and explained that it doesn't even matter if these delivery receipts are enclosed when you make a claim (MCO), it's just that you would be able to show them in a hearing if required. I hope you will be able to solve your problem. Best regards.
  18. FairWorldCitizen
    Until a certain point I understand the person who started this thread, that there could be a logic in that a bank should prefer someone who has satisfied a CCJ rather than someone who has no history of debt but does have a criminal record. The credit check is also one of the first steps done by a potential employer for example. Not sure until what point a company would check criminal records. In fact when I settled in UK many years ago, I could just not catch why any organisation would do this "credit check" in every single formality: opening a bank a/c, renting a house, signing a contract etc. Maybe a person in debt should be given a second chance otherwise it ends in problems in everything. Also money claims often exist in parallel to criminal offences which never result in any consequence... What I mean is when for example it's a criminal offence to sell something which puts someone's life in danger, this someone will normally claim the cost resulting of such offence (but as per other acts), the offence itself isn't followed by a police investigation. But, debt means money and money is the essence of banking and so many things... And as mentioned above, once a debtor has cleared a debt, he/she is normally able to open a bank a/c. In my current situation, I can only hope that UK's view on debt will help getting my money back soon.
  19. FairWorldCitizen
    If the justice system had to rely on recorded delivery letters, it would work with honest people like you, but it would certainly not help with debtors who just ignore letters as a debtor doesn't have to accept signing anything from the post office, open its door or simply be at home. So honestly, as per my experience of a claimant, I prefer the courts to dispath letters by standard mail. Up to someone who is aware of a potential debt to find out if any letter has been delivered. This is why, again as per my claimant experience, I preferred to send the first complaint letter, with all documentation included, by recorded delivery to get a proof of delivery so later I could show to the court that the debtor was aware. Recorded delivery isn't a requirement but it secures a court claim and any attempt of set aside. Coming back to your past bank issue, you should have been able to open a bank account as long as you judgement was satisfied. The issue is more with cards associated to the account, I think even debit cards are more difficult to obtain. Any bank is tied by law and must at least offer a basic bank account. It might however be easier with certain banks like Co Ops rather than with paranoical financial entities. In your present situation, I still believe that with regards to your credit history, getting this CCJ satisfied may be preferrable. And as mentioned previously by others it would prevent from getting into enforcement actions and having a debt growing.
  20. FairWorldCitizen
    chiefmegawatty: What you say isn't entirely true, and there is a difference between a 'unsatisfied' judgement and a 'satisfied' one. I ignore your personal circumstances, but to clarify the general picture independently of your own case it's important to note that before a CCJ is registered a debtor must have failed quite a number of steps. It can sometimes mean that the debtor didn't defend the claim, did not offer a payment plan, or simply did not even respond - generally the wrong path as a determined creditor will recover the money in most cases. If a judgment is entered, the debtor has 30 days to satisfy the agreed (or decided by a judge) payment settlement(s). If the judgment is adhered to, then the CCJ is not registered at all. If not after these 30 days, the CCJ is registered and marked as 'unsatisfied', which obviously is the worse as it will affect a credit rating, will generate negative credit checks, or will prevent the debtor from finding a job especially in certain industries (finance etc). It’s also after 30 days that enforcement actions can start. If it is paid later – with or without enforcement(s) - the CCJ will still remain as you mention. However on your request the court can 1) mark it as 'satisfied' which will positively impact the credit check or credit rating, and 2) issue a certificate of satisfaction that you can use to demonstrate the debt has been cleared. After a short time anyway, credit agencies would have updated their records which will show the debt has been cleared. So, as long as a CCJ remains registered and unsatisfied, it means enforcement actions will be raised by any determined creditor, debt will grow as the costs of enforcement actions will be repaid by the debtor, credit score is in the dark. While if a debtor takes its chance to offer a satisfactory payment plan or acceptable settlement before a claim is made, or offers a payment plan on time before judgment is entered, or pays within 30 days of judgement, or makes an offer of repayment on receiving a notice of enforcement etc etc, the situation is changing quite positively.
  21. FairWorldCitizen
    It's a good suggestion. And for the little story.... In 2008 I was working for a bank's software factory near Madrid, Spain. The company didn't care about car parking for their staff, so I could choose between parking in small streets resulting in plenty of small damages, or park in a residential area which was supposed to belong to the city. One day on my return, I found my car covered with deep scratches, I almost fainted. My insurance covered everything even if it happened abroad. But I also registered a claim in the police. As it happened, it was the local residents who weren't happy with people parking in "their" streets, and the company opened an inquiry. However I considered parking again on purpose, in order to catch the thief and then claim the money instead of going through the insurance (there should be justice in this world, and 1800 EUR of repairs would have been a lot for the guilty one). In fact, a few days later, when coming back to park again (with a good video cam, I wanted to stay hidden nearby and record the guilty one including where he/she leaves), I then found….. a big fire, and it's not a joke, for sure someone had found the culprit and decided to burn its house and surrounding fields!! Ended in the newspaper as “criminal fire”! Coming back to a fair world. If you are lucky enough to record, I would first go to the police to report and ask for advice. It is true that the criminal standard will be high and also you would need to be able to use a video recording. On the other hand, a money claim for damage will be easier, but knowing details about the recorded culprit (or culprit's parents) to claim against, might be difficult? and it’s really necessary. Of course it also depends what’s your priority: get compensation, or make that the culprit gets a record. Good luck.
  22. FairWorldCitizen
    You purchased a package from Crystal Ski and you didn't get what you paid for. This is demonstrable by the record of the flight delay and the response from Crystal Ski which also confirms that you couldn't get the first day of skiing. The reason for the flight delay isn't your fault, isn't Crystal Ski's fault and is supposed not to be Thomson's fault (but is it true since you have been told 2 different stories?). So Crystal Ski should use their insurance.... which in fact isn't your problem, you just didn't receive the holiday package in full so you expect a partial refund. Therefore unless there was any small line included in the documentation you signed (and provided these small lines would be legally acceptable), you should claim a partial refund from them. Nowadays it's awful that whenever you purchase a service, the service provider 'suggests' you to take an insurance to cover their own service.... That's to say, an insurance to cover the risk that they don't provide the service. Crazy. For the customer, an insurance is supposed to be a complementary protection, taking care of risks which are outside the service contract.
  23. FairWorldCitizen
    archiewood, I understand that Crystal Ski is the company that you purchased a holiday package from. Who was operating the flight?
  24. FairWorldCitizen
    As I didn't find a definitive answer on the above question, I have asked it to the UK Office of Rail Regulation (ORR). This will be useful for passengers who experience problems with Eurotunnel services and wish to complain.
  25. FairWorldCitizen
    I have read the original issue above and the different letters received from Monarch. These letters as others have noticed are basically templates returned to anyone complaining. Most passengers are not aware of what national laws and European regulations allow them to claim. The airline's customer service will also serve as a wall to the few passengers who defend their rights, as you have experienced. However, it is not going to be difficult to present a small claim and you will seek disclosure of the airline's records. They won't be able to prove that the technical fault they referred to was a manufacturer's fault, or that a weather condition affected their service. Also they won't like the idea of publishing how they really manage their service. You can do it yourself - other cases described in this forum help and even include "legal samples" - but anyway using a specialised solicitor should give a 90% chance of getting your money. Worth noting as well that airlines use to refer to the first version of the European regulation before it was clarified regarding exceptional circonstances.

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