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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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    • 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.

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      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
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Power 2 contact Ltd


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  • 5 months later...
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I have wasted alot of tea and cake waiting for these type of "people" to arrive.

It is highly unlikely that anyone will turn up.

If they do simply tell them to leave and communicate in writing ONLY.

 

As and when the attached DCA writes to you update us and we'll help.

Be VERY careful whose advice you listen too

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  • 4 weeks later...

I got a letter from them which was utter cock and they reckon they will charge £22.66 for it. Obviously, letter straight back to them telling them basically the second word is off and to Halifax who instructed them to also tell them the second word is off ...... just another episode in the mind games, which I am winning !!! yay !!!

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When you write back to a letter which states they are charging you enclose a bill for secretarial/legal services and ask them for immediate payment.... should raise a few eyebrows their end. After all you too have overheads and costs involved.....

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Power2contact are part of the Crucible Group - also includes Credit Solutions (in my view the biggest bunch of a***holes in the DCA industry - and of course they've got some serious competition :) ). Their motto is 'building stronger customer relations' - ha, ha, ha....

 

Certainly I'd ignore them, hedgehog.

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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  • 3 weeks later...

HI, I just got a lovely yellow christmas card!!!! just like you all have said the only thing is that today is 7th and the card was posted on 3rd hence he should have come 2 days ago.8)

 

Also is it just me or is the surname of the protential person the same as yours?????????:p

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I had a card fro them and i sent in a official complaint to them and the company that hired them as the card was free for anyone to read had my reference number on and was in breach of OFT rules.

 

Got a snotty letter back 8 weeks later and the DCA didn't know why they were contacted, think they are under the same roof as CSL.

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  • 1 month later...

I recieved one of these little yellow cards with an appointment with a Mr J White (how original)

 

power 2 Contact are indeed under the same roof as CSL and are probably a subsiduary of the same company.

 

They rang my wife yesterday and she compained that no one had turned up for the appointment their rep said we were lucky as it was the baliffs that were coming round. Odd that considering the debt has never reached court, they must think we were all born yesterday.

 

I don't think the card contravenes the Data Protection Act but I have enquired with the Information Commissioners Office just in case. I have also reported their behaviour the the OFT although I doubt any action will be taken.

 

I have sent them a snotty letter regarding their actions and will wait now to hear back from them. They breached their own guidelines set out on their website too Credit Solutions

 

Ian

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you could do with recording the telephone calls when they are threaterning you with the baliffs. Would make a good claim for harasment.

 

HAK

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you could do with recording the telephone calls when they are threaterning you with the baliffs. Would make a good claim for harasment.

 

HAK

Not sure I would have the equipment nor the knowledge how to record a telephone conversation, besides which isn't it illegal to do that without their permission?:confused:

 

Ian

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When they answer they tell you they are recording the conversation for training purposes - tell them in return you are recording the conversation - it ISNT illegal to do that provided you state it at the beginning and not halfway through.

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  • 2 months later...

I have received a little yellow card today (Thursday) saying they will call on Wednesday, it doesn't say which Wednesday and it doesn't say whether it will be by phone or in person. Has anyone ever received a visit from these people?

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I have received a little yellow card today (Thursday) saying they will call on Wednesday, it doesn't say which Wednesday and it doesn't say whether it will be by phone or in person. Has anyone ever received a visit from these people?

 

No its just a fright tactic. Ignore it and write to them and tell them you will only deal by written correspondance.

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My hubby has received one of the yellow cards. The 'visit' is due tomorrow between 9am-9pm:) . J. White must be very busy on a Wednesday driving up and down the motorways. No wonder he works long hours:) .

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i received a yellow card today stating j.white would be visiting Wednesday - funny he hasn't shown up. have telephoned and apparently the have no record of me and there sister company must be dealing with it! Who is the sister company?

They never asked date of birth or address to confirm who i was! and putting a reference number on the front of card are you allowed to do that?

Does anybody know how much it actually costs to ring them?

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their sister company are Credit Solutions Limited. I have already complained to them about the cards and they say they are legal as they show no personal data. they merely send it to see if your actually at that address. Best just bin it and ignore it

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well in my eyes its harassment so i will be going to the police about it. i mean why would you just want to check that the person is still there. and in a way it is personal anybody could have rung that number pretending to be you.

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oh, and also forgot if j.white has sat nav he will be looking in the wrong place for me, as the postcode is wrong!! and sister companies are usually based in a seperate place or office!!!

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