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Everything posted by Northernpug

  1. Thank you all for your replies. At the end of the day I would just like to receive my parcel! I have contacted the seller through Ebay dispute and he has 8 days to respond before Ebay "steps in". Hopefully before then I will hear from RM. Money hasn't been debited from my account yet. I have the option of payment after delivery which usually means money is debited 14 days after purchase. I'm not sure if the dispute will suspend payment. Just have to wait now.
  2. I can prove that I was not home at the time of the alleged delivery. I was at work doing 6am to 2pm shift. Where I work I am required to clock in and my work involves doing quality control checks every 15 minutes that I have to sign off. So my employer can verify where I was down to the exact location within the company. It is also a 20 minute journey to get to work on a good day (i.e. early morning when there is no traffic) but more usually the journey takes 30 - 40 minutes so there is no way I could have popped home to take delivery. No one else lives in my house so no one else at my address could have signed for it. No missed delivery card was left. RM have already advised that they cannot locate the parcel at the delivery depot. When I took copies of the online print outs to them, the person I spoke to seemed a bit concerned that an address had been input where it says "print name" instead of the name of the person that signed for it, and the address was a different house number to mine. Answers to Stu007 questions: 1) Seller has been on Ebay since 2009 with 100% positive feedback (but only 150 feedback) 2) Item dispatched in the UK, approx 30 miles from me 3) Only tracking info available is a copy of the signed delivery receipt and dates and times the parcel was scanned 4) Paid by Paypal My regular Postman has been the same one for years and he is a really nice chap but never delivers before around midday so I expect this was a separate delivery. Seller didn't tell me beforehand that he was sending by special delivery. The listing said it would be sent by second class signed for which is not usually a problem as if I am not home, I get a card and collect it from the delivery depot.
  3. I won an auction on Ebay and the seller sent the item by Royal Mail Special delivery Guaranteed. Delivery was due on 30th July but I didn't receive anything. I left it until Monday 3rd August in case it was delayed. When I looked at the item in the purchased item list, tracking details had been added which weren't there previously. When I clicked on the link for the track and trace, I was surprised to see that there was a signed proof of delivery (not my signature) stating that the parcel had been delivered at 9.30am on the 30th July. Where it says "Printed Name" there was just the address of another house in my road. I visited the address mentioned and they advised that no parcel had been left with them. I would add that I have lived here for 20+ years and know my neighbours and we often take parcels in for each other so have no reason to doubt what they told me. There are also tracking details on the Track and Trace page which show that the parcel was scanned again at 14.10 which also seems to indicate that the parcel was still with Royal Mail at that time. I printed off the track and trace details and took them to my local sorting office on 4th August. I was told that the manager would speak to the delivery driver and phone me. No phone call was received. I phoned the sorting office this morning, 7th August and was told the manager was on a conference call and would phone me back but again no phone call has been received. I have contacted the seller and asked if he would commence a claim for compensation but the seller is not replying to my messages. I am concerned that if I do an Ebay dispute, I may not get anywhere because there is a signed delivery confirmation, even though it was not signed by me (anyone have any experience of this?) If I am unsuccessful in getting anywhere with the seller and Ebay, would I be entitled to sue Royal Mail for negligence for losing the parcel? Would it be worth reporting it to the Police under the Postal Services Act 2000 Part V Offences in relation to Postal Services paragraph 83. Interfering with the mail: postal operators. It seems the same old story where you can phone and complain until the cows come home and they will do nothing. I feel that I need to send them an LBA outlining the repercussions that will happen if they continue to try and fob me off.
  4. Agencies can no longer claim holiday pay is rolled up in the daily rates as it is unlawful hence why I suggest it would be best to ask the agency to explain what happens to the pay for statutory holiday entitlement.
  5. Anyone who is employed is entitled to statutory holiday entitlement. Agencies are not always quick to inform their employees that they are entitled to holiday pay. I used to work for agencies myself and it was a couple of years before someone told me I was entitled to holiday pay. Your daughter should ask the agency what happens to her statutory entitlement.
  6. I have a vested interst in this statute barred scenario as I have one debt that is statute barred if you take the last payment into account but the default date is still a couple of months away - and Lowells are the DCA! A little bit of panic arose when i noticed posts where Lowells are claiming thats a debt becomes SB 6 years after default date. I came across another post that stated the precedent they are quoting is BMW FINANCIAL SERVICE (GB) LIMITED Vs.HART the appeal of which is here http://www.bailii.org/ew/cases/EWCA/Civ/2012/1959.html . My understanding is that this case refers to a Hire Purchase agreement and the agreement wording stated that even if a payment wasn't made, the creditors couldn't demand full payment of amounts outstanding until the agreement had been terminated in writing hence why it was upheld that SB only applied after the default notice was issued. Under a credit card agreement, the creditor is entitled to "call in" all amounts outstanding imediately upon a missed payment and therefore the clock starts clicking from the last missed payment. Date of last payment +30 days as Andy has mentioned is reasonable as it gives the creditor time to send a breach and remedy notice then formally terminate the agreement in accordance with any statutory requirements. So, in my opinion Reeves v Butcher [1891] 2 QB 509 still applies and is not overuled by BMW vs. Hart.
  7. It means that the insurers don't have to pay out anything unless they are advised of the proceeding before they commence or within 7 days after commencement.
  8. Agree, you have a binding full and final settlement agreement. Don't speak to them or reply to any further correspondence. There is nothing they can do.
  9. Whitsend you mention in an earlier post that you tried to reclaim fees but got nowhere. Would that have been around the time the credit appeared i.e. could it have been a refund of fees?
  10. Seems like Shoosmiths are being awkward and maybe hoping you'll give up so they get a judgement by default. Always say yes to mediation , small claims track yes. Fill in the address of your local county court, rest is self explanatory
  11. As far as I am aware the first offer is binding as long as you didn't ask for any change to the terms and conditions (I wouldn't consider a change of lawyer as a change to the terms and conditions). You need to escalate a complaint to a higher level (could you visit the branch and speak to the manager?) and demand that the original offer is honoured. Make it quite clear that the revised offer is not acceptable and you can't complete the purchase with the lesser amount offered. Also mention that if you have to walk out the door without the original offer being honoured, you will hold them responsible for any financial loss you suffer.
  12. Did you get the first offer in writing and if so does it say how long it is valid for?
  13. It becomes statute barred 6 years after the last a payment OR acknowlegement of the debt. I see you made a complaint in Feb 2011 which could be construed as acknowledging the debt so it may not be statute barred yet. That aside, even if it is statute barred it just means they can't enfore it in court but the debt will still exist so I can't see how it would affect your position at present.
  14. Well you are good to go then! Send them an itemised breakdown of the full amount you are claiming including admin costs and your time. Give them 14 days to pay else you will be issuing a summons. No matter how many times you contact them, they will never admit liability. Even when they send you a cheque in settlement, it will probably be "without prejudice"
  15. Have you also considered that the person driving the vehicle was not the policyholder? You have a photo of the driver but it may of been someone else perhaps a friend or relative. To try and establish who was driving the vehicle, I would take copies of the photos to the police. Explain that you have contacted the insurers who have told you that their insured claims he was not driving the vehicle or even at the scene. Therefore it appears that the driver who hit your vehicle was uninsured (criminal offense) and you need a crime reference number in case you have to pursue an uninsured loss through the MIB. You need to get the issue of who was driving the vehicle resolved otherwise your claim is going nowhere.
  16. Unless the judge is a motorhead, its unlikely he will have a clue how much the wheels cost. Its up to you to supply as much evidence as you can to support your claim. If the defendant doesn't agree, its up to him to submit evidence to disprove your claim. After listening to both sides, the judge will then make a decision. If it did go before a judge, its my opinion that the defendant would have a tough time because he is in breach of contract by not supplying what you have paid for.
  17. Having worked in the insurance industry for 25 years, I can assure you that as you are dealing with a third party insurer, they will do absolutely nothing to help or assist you in anyway. Usual tactic is to just keep fobbing the claimant off until they get fed up and go away. You will only get their attention when the threat of litigation becomes real. Referring to your previous post asking if they would write the vehicle off because of its value vs cost of repairs, its not their decision. You are the claimant and its up to you if you want the car repaired and to be compensated for your loss. You also need to tell them the amount you are claiming for. At the moment they can't compensate you for anything because you haven't told them how much compensation you are seeking. Also bare in mind that as you are not the policyholder, there is no agreement in force for them to inspect your vehicle or to arrange any repairs. As you are not involving your insurers, its very much down to you to get the vehicle repaired and submit an invoice and claim for costs
  18. Just seen your other post about him selling two vehicles. You need to act quick to try and stop him selling your wheels. Get the LBA sent off recorded delivery first thing Monday morning.
  19. I would say he probably have some assets i.e. four wheels If he doesn't pay up. you could send in the bailiffs to get your property back. I would think that, as you have paid for the other three wheels, then they would all be considered to be your property. It would be up to the defendant to disprove the amount you were claiming was valid so I wouldn't worry too much about the amount of the claim as long as you consider it reasonable. Court fee for bringing a claim up to £500 is £45.. If you start proceedings, he may well sort it before it gets to court.
  20. They are not bailiffs so won't clamp your car or take possesions. Highly unlikely to pay you a visit and if they did, you could just tell them to go away as they have no legal powers. Reason I suggested checking your credit file is to see what the default date was and you may be able to work out when the last payment was made. They will just try and frighten you into contacting them and coming to an "agreement".
  21. I don't believe they would be aware that you have checked your credit file. Going to Spain won't stop them issuing a CCJ to your last known address if they wanted to. Personally I wouldn't do anything, just ignore and see what they do next. Nothing has happened so far so there may be a reason why no court action has been taken to date.
  22. Get the CCA request sent ASAP and also as previously advise send a SAR to the bank. You need to know how much you have paid off, what the balance is and if there are any reclaimable charges/PPI
  23. The amount you claim is the reasonable amount to put you back in a position you would be in if you had received the wheels. See if you can find a few ads selling the wheels secondhand so you can substantiate the amount claimed and add on the cost of refurbishment (get quotes from a few refurbishers). You may need something to substantiate what you are claiming if it goes to court.
  24. You could try looking on your credit report. Noddle is free https://www.noddle.co.uk/ . If it defaulted over 6 years ago, there may be nothing there. Otherwise send a SAR + £10 to the bank and see what info they have. They may have merged anything outstanding on the loan with the overdraft
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