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    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
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Amazon Marketplace - Ordered One item but sent two in error


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I ordered an electrical item from amazon marketplace (about £35) and the company has sent me two in error in separate packages. Both were delivered by recorded delivery, however as I ordered a few items from a few companies on the same day I didn't realise it was a duplicate item. I have definately only been charged for one.

What are my responsibilities as a consumer in terms of accepting and or notifying the company of the error. Can I just accept it as a "gift" or do I have to notify them? The right thing would obviously to declare it, but I don't feel I should spend the time needed to package it back up and or paying for its return.

 

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You have to notify them of the error and allow them to arrange for it to be collected at their expense. I'm not sure whether they are allowed to ask you to take it to the post office, but if they do they must pre-pay the postage.

 

I think keeping it without informing them is theft.

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I thought so too Ecossewarrior :) , but didn't know where I stood legally. Just a small point it's not Amazon itself, but an independent company who sells through amazon

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Bed 32 is correct - you've not paid for them, so keeping therm is theft. Your duty is to inform them of their error and assist in the return of the goods at their expense. If they choose not to, then you can do what you want with them.

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If you hadn't ordered anything from them and it had just turned up out of the blue, then it would be 'unsolicited goods' and you could then consider it a gift as long as they didn't contact you about it within a reasonable time. However, as you have ordered something from them and it is very obviously a mistake, the goods are not classed as unsolicited and you have to give them back. However, you should not be charged for doing so - make sure you get a free courier or a prepaid box from them.

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Thanks for that - the company has asked me to send it back (I'm negotiating with them re payment for P&P based on demon x slash's advice, and they are offering to refund postage on my original order. Awaiting their reply.

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I had a similar situation with ebay. Ordered item, arrived, no problems.

2 weeks later duplicate item arrives out of the blue. I have emailed the seller to tell them it's here but had no reply.

 

How long should I wait before getting rid of it?

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No, because it has been established that you have a relationship with the seller by ordering things from them before. The fact that the two items are identical supports the reasoning that this was a mistake, but a mistake does not make it unsolicited. See this thread, and the subsequent comments.

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