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About Ash1646

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  1. Slick. Will take your advice and wait for their next response.... Rebel. Thanks for the heads up. I know its not the right thing to do, but I think that its been just under 5 years, since a payment has been made. I'm trying to get to 6, and then breathe.
  2. I tried that with another account, but they keep writing, on a weekly basis....
  3. Hi Slick, The letters are all on a hard drive soemwhere! I'll have to look for them this weekend, and see what they have. My concern is them selling the a/c. What are the rules relating to statute barred debt. Am I allowed to write to them, asking them to susbstantiate the alleged debt whilst not acknowledging it?
  4. Morning all. It seems that I have received the same 2 letters relating to some Barclaycard accounts as others have done so over the weekend. My last letter to them was back in 2009 requesting a CCA, and received a reconstituted version which I promptly rejected and told them to Foxtrot Oscar. Having not heard from them since, I was happy to quietly wait out the 6 year statute barred. It seems that Barlcaycard have other ideas. What is the general consensus, with a response. Should it be responded to, and if so how? I'm minded to leave it alone, but I dont want them selling the account to Lowells, as once they have their teeth into you, they never seem to let go.
  5. Is anyone able to help on this?
  6. After receiving an email from 247blinds this morning, asking me re arrange delivery, I sent the following email. I placed an order for blinds on Wednesday 27th November. I requested a fast track order, in order to obtain the blinds by the 29th November 2013. Payment was taken and the order was accepted by 247blinds on the 27th November 2013. The fast track enhancement had a consideration in favour of 247blinds in the amount of £10.00. In effect a contractual agreement was made to provide me with these blinds on the 29th November 2013, which varied the original terms and conditions that 247blinds issued to me. On Thursday 28th November 2013, I contacted 247blinds requesting a further enhancement of the contract to guarantee delivery before 10:30am on the 29th November 2013. The enhancement was accepted, by telephone and confirmed in an email, which was received to my email account. The enhancement of the initial contract had a consideration in favour of 247blinds in the amount of £15.00. This variation to the already varied contract was mutually agreed. From the contents of the telephone conversation that was had with you on the 28th November 2013, 247blinds were aware that time was of the essence, hence the second variation. Of the 2 parcels that were to due to arrive on the 29th November, only one arrived. The headrails were not present. I contacted TNT, who advised that they did not know where the second parcel was. I contacted 247blinds, who advised that they were sending replacement headrails. I advised 247blinds verbally not to do this, as the units were required prior to 11am, and I would have to make alternative arrangements. I then managed to locate a store local to me, who made 3 blinds for me, and these were installed before 11:00am. I contacted 247blinds by email advising that the blinds were no longer required, as the delivery timescale that was agreed had not been met, and that a full refund was required. The response from 247blinds was that I was not allowed to cancel the order and that the replacement headrails would be delivered to me as soon as possible. I notified 247blinds advising that I did not consent to an extension of delivery timescale. Please see below the definitions of the contractual obligation. It is in plain english. "A contract must be carried out within the time limits agreed with the consumer as stated in the terms and conditions. If no period is set then the statutory time limit is 30 days from the day after the consumer sent the order to you. If this is not possible you must advise the consumer before the deadline. If the goods didn’t arrive in time your consumer is entitled to a full refund, including the postage and packaging, unless they agree to a new deadline to give you more time." As 247blinds have broken the contractual agreement, I am entitled to the following: I am entitled to cancellation and full refund, due to non completion under the terms and conditions of the order. 247blinds can release themselves from their contractual obligation, by cancelling and refunding the order. 247 blinds can fulfil the order upon mutual consent, however 247blinds would have to pay for the replacement blinds that had to be used due to non completion of the contract between myself and 247blinds. Please note that these blinds cost more than 247blinds. The above are the options available to 247blinds. The action of refunding the express courier charge and the fast track delivery is not enough to make the contract that we have entered into, whole again. 247blinds cannot pick and choose aspects of the contract entered into that they wish to vary without mutual consent. I have not agreed to this. TNT arrived on Saturday to deliver the headrails. I refused the delivery, explaining that the blinds were required 24 hours earlier. Distance selling regulations do not apply in this case. This is simply a case on breach of contract by 247 blinds. The changes to your contract were agreed by your acceptance of the £10.00 fast track and £15.00 express delivery charge. Please advise which course of action you wish to take in this matter, within the next 24 hours. I have today sent the parcel that arrived on Friday back to 247 blinds. I have now received a reply. They seem to be sticking to their guns: Thank you for your email. the contract which is between yourself and 247 is detailed in the terms and conditions of the order which you will have been sent via an email when the order was placed. This is stated in section 1 of the terms: 1. INTRODUCTION 1.1 These terms and conditions will apply when you place your order with us. With regards to delivery times an cancellations it sates the following: 7 CANCELLATION RIGHTS AND RETURNS 7.1 Where the goods are "made to measure" you shall have no right to amend or cancel your order, return the goods or seek any refund of the price paid by you from us. This is because when we receive your order, the manufacturing process begins immediately and the goods are manufactured to your exact specification. Accordingly, pursuant to Regulation 13(1)© of the Consumer Protection (Distance Selling) Regulations 2000, conditions 7.2, 7.3 and 7.4 shall not apply in this case. 5.3 Delivery charges and estimated timescales are detailed in this website and when you place your order. We make every effort to deliver your order within the estimated timescales communicated to you and in any event within 30 days of the date of order. However postal delays are occasionally inevitable due to unforeseen factors. As a result we can not offer you a refund or allow you to return the items as all of our delivery times are estimate, not guarantees and the blinds are made to measure. Please advise of a suitable date for me to re-arrange for the blinds to be returned to you I'm confident enough to fight the DSR's, but what is my answer to the estimated delivery times.
  7. Thanks for responding. Yes they would be aware of the delivery requirements for 2 very simple reasons. They offer a fast track service, for an additional £10.00, which basically says that the product goes out next day. I then phoned them up and explained that I required the product before 11am, and could I pay an additional fee to ensure that this would take place. I paid £15.00 and received email confirmation that they had charged by debit card accordingly. Is there a section of legislation, that I can quote, as I'm sure that there will be an email being recieved this morning. The second box turned up on Saturday, and I refused the delivery - Wasnt too sure if acceptance of the delivery would have amounted to acceptance of contract delay.
  8. Afternoon All. I know that the distance selling regulations shouldnt apply to a custom order, BUT..... I ordered a set of blinds on a fast track order system on Wednesday, which guaranteed delivery to me today. I paid a small premium for this. I contacted the seller yesterday to inform them that the product had to be installed at 11:00am this morning, and could I further enhance the delivery to a pre 10am. I was charged the additional £15.00, and the amendment to the order was carried out. At 9:40 this morning, only one box turned up. I contacted the seller who said that the order had got muddled up by the courier and they were going to replace the order, but it would not be with me until Monday. This obviously was no good to me, and I had to go to B&Q and buy some blinds to fit there and then. I then invoked my right to cancel the order and enquired as to how I was to send back the part shipment, only to be told that as they were custom made, I could not cancel but they would refund the delivery charge and the fast track premium. My understanding of the DSR's is that as the goods are custom made I cannot cancel, but.... I pulled this from the OFT guidelines website, and its aimed at the seller. A contract must be carried out within the time limits agreed with the consumer as stated in the terms and conditions. If no period is set then the statutory time limit is 30 days from the day after the consumer sent the order to you. If this is not possible you must advise the consumer before the deadline. If the goods didn’t arrive in time your consumer is entitled to a full refund, including the postage and packaging, unless they agree to a new deadline to give you more time. Is my assumption right, in that as they have failed in their agreed variation to deliver in accordance to this variation, they are in breach of the contract and my right to cancel is still valid?
  9. I'll have a look at the newsletter. Thanks for pointing this out to me. Yes I am aware of the lack of legal powers. It's just that my wife works from home, and the last thing she needs is unwanted intruders popping their head in causing embarrassment. With this one, I'm just fed up with the constant barrage, despite doing everything right!
  10. Hi DX, Many thanks for the response. It would be certainly interesting to hear Scottish Power's thoughts. The question remains... How does one combat the continued threat of doorstep collection, and can I still make the charge for writing a response?
  11. Morning All, Have a bit of a situation with Scottish Power and Buchanan Clark and Wells, which I need some advice on.... Left Scottish Power with a final gas and electric bill. Paid the electric bill, which they allocated to the gas account, and made a payment arrangement proposal along with a partial payment to the gas account. All of this was done in writing. The cheques were cashed, but no response received. Made another two monthly payments directly to Scottish Power, in accordance to the payment arrangement proposal. Letters were sent asking for responses to the previous letters. In the meantime, I was notified that a default was going to be registered against me for the electricity account, which they said was still outstanding, despite me sending proof! I finally managed to raise a complaint directly with Scottish Power, which in turn led to a removal of the default, and an offer of £50.00 compensation. I accepted the offer, but didn't accept their explanation as to why my letters were not being responded to. Any way.....I owe £52.00 and have told them that I would make the payment by the end of the month. Whats bothering me is Buchanan Clark and Wells..... They have been writing to me for nearly 3 months, threatening me with court action home visits etc. I sent them the following: Dear Sir/Madam, Further to your letter dated 3rd August 2013, please note the following: An official complaint has been instigated regarding the actions of Scottish Power. A payment plan is currently in place with Scottish Power, and is being maintained in accordance to that arrangement. In response to the contents of your letter: 1. Application to the court to obtain a county court judgement. I invite BCW to take me to court, whilst: a. A payment plan is being maintained, and such BCW would have difficulty obtained a judgement in their favour. b. An official complaint has been lodged against the claimant. 2. Threat of warrant of execution. This threat cannot be executed without a county court judgement being obtained. 3. Refer the account to a third party agent to visit me. Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Please also note that the amount being sought by BCW is incorrect. In light of the above, please also be advised of the following, that should it become necessary to write to you further, I will be charging for the time that is involved in responding. A charge of £25.00 will be made and will become due within 7 days of any response being issued. They then wrote to me with a final response letter: It started off along the lines of BCW acts in good faith, we haven't heard anything from our client so the debt is due etc. But here is where it gets interesting..... With regards to doorstep visit, this was their response: The case you have referred to is not applicable to your circumstances. As part of the agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary the creditor could recover the debt to a third party, which included by way of doorstep collection. We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidelines to recover such monies. The OFT's Guidance on Debt Collection reference to making an appointment on field visits relates to, where say, the Agent has called round and advised by the customer that it was not a convenient time, then he should make another appointment. appointment is not necessary for the initial visit. If however, the customer is not there at the agreed time, then the agent can call again at an unscheduled time. With reference to the response charges that I would be serving them with: Please note that there is and will not be any agreement as alleged or at all in the aforementioned letter with BCW Group (Gothia) Limited or the original creditor that will result in monetary remuneration under the terms outlined in your letter. Any such agreement alleged or otherwise is hereby rejected and not recognised by BCW Group (Gothia) Limited or the original creditor. I have refrained from responding to them, until seeking some advice, but I received a letter today from BCW telling me that they would be sending a doorstep collection agent to me in the next seven days. I have 2 questions..... Is the doorstep collection allowed given the response BCW have made? Are BCW correct in their response about me charging them £25.00 to respond to them? Normally, I would not bother with this, but after 8 letters to Scottish Power, 6 letters to HL Solicitors, and 4 letters to BCW, I'm getting a bit frustrated..... I've posted this not to get a comment regarding my situation with Scottish Power but to clarify the position that the debt collector now states. It may be useful to other caggers, for clarification.
  12. Yes but doesnt section 7 allow me access to any form of communication, where I am mentioned specifically?
  13. Hi, Does anyone know the limitations of a S7 DPA request when used in the following context. Limited Company in voluntary liquidation. I am a creditor and debtor to the company. The company liquidators have sent a debt collection agency after me, for a £6k preferential payment even though the company owes me nearly 10 times that. I sent a DPA request back in August, and received a bundle of email communication and letters, specifically relating to corespondence between myself and the liquidator. Am I allowed to ask for information relating to me, from communication between the debt collector and the liquidator, or just the email exchange and letters that I received so far?
  14. After all that, I got a liability order against me. The silver lining in all of this, is that after speaking to a very reasonable person in the council, they have allowed us to make token payments until such time that we are able to get back on track. It was quite heartening really!
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