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


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    • BankFodder
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By BankFodder · Posted

      First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • honeybee13
      M&S shoplifting. DWF Letter now but a new police letter was received with a presumed suspect.

      By honeybee13 · Posted

      Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
    • NewsBot
      Pasco: Rat remains found in Japanese bread triggers recall and refunds

      By NewsBot · Posted

      Pasco has recalled 104,000 packs of sliced bread after rat remains were found in at least two packs.View the full article
    • WantJustice
      FCA Automotive Services/Stoneacre Car Finance agreement and Steven Drake sols claimform - CCA recon?

      By WantJustice · Posted

      UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
    • WantJustice
      FCA Automotive Services/Stoneacre Car Finance agreement and Steven Drake sols claimform - CCA recon?

      By WantJustice · Posted

      Having looked through the paperwork, I note they have sent 3 seperate LBCs. Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited. In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. .  A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference. Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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

Dax v Halifax - International Debt Problem

dax

By dax
in Halifax Bank and Bank of Scotland

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neilbass

neilbass

Posted
Posted

Have they overpaid you?

 

Sorry probably need a bit more info as to what is going on to reply properly

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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  • 2 weeks later...
dax

dax

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wrote a long letter to the manager at the Halifax complaining about the fact I have been put onto a debt collecting agency and airing my disappointment at this.

Got no reply, instead getting another legal warning about proceedings being issued in 7 days. As this arrived, six days after it was dated, I had only 1 day to respond.

 

I sought help with what to do next, by pm an administrator on the forum, who never responded. Didnt know what to do next without a bit of advise, so made a complaint to the FSA ombudsman, who seem to be taking up the case or have at least acknowledged reciept of my complaint. I believe their next step is to contact the Halifax on my behalf.

 

I then recieve a letter from the Halifax manager saying, we dont want to go to Court and wish to settle outside by making a mutual agreemant and arrangement. Trouble is, I think we crossed post. Do I contact the FSA and ask them to cancel my complaint, making an arrangement with the bank. Or allow the FSA investigation to go ahead? In which case, the amount due might be written off anyway.

 

Not sure what step to take, but need to make a decision and would appreciate some help from the initial adviser who had asked me to contact him upon reciept of a reply to my origional letter.

 

Know you guys are busy, but please dont forget about me...help!!!

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  • 4 weeks later...
dax

dax

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Hi mum

I too had an endowment policy taken out around 1991. I paid into it for a while and then stopped paying for the same reasons really, I just couldnt afford to keep doing so. I thought no more about it untill last year and considered doing the missold avenue. I made enquiries myself, almost signed a solicitors, no win, no fee, contract, to take the Royal Sun Alliance to the Court/tribunal, but then thought the solicitors were on a dodgy roll so backed out. Instead, I contacted the Insurance company myself and said I wanted to cash my old policy in. I got £6,500 back and left it at that. No one said a word about the fact id not paid anything for nearly10 years. Apparently, even though I cashed it in, I still have the right to make a complaint about it being missold, irregardless of the fact its been cashed in, but havent done so yet.

 

Why dont you just, try the same and see what they come up with?

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dax

dax

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Hi mum

I too had an endowment policy taken out around 1991. I paid into it for a while and then stopped paying for the same reasons really, I just couldnt afford to keep doing so. I thought no more about it untill last year and considered doing the missold avenue. I made enquiries myself, almost signed a solicitors, no win, no fee, contract, to take the Royal Sun Alliance to the Court/tribunal, but then thought the solicitors were on a dodgy roll so backed out. Instead, I contacted the Insurance company myself and said I wanted to cash my old policy in. I got £6,500 back and left it at that. No one said a word about the fact id not paid anything for nearly10 years. Apparently, even though I cashed it in, I still have the right to make a complaint about it being missold, irregardless of the fact its been cashed in, but havent done so yet.

 

Why dont you just, try the same and see what they come up with?

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  • 5 months later...
dax

dax

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Big Halifax problem Bookie might remember so I hope can advise on:

 

Halifax made errors amounting to nearly 7 thousand pounds on my account over a 13 month period when I was homeless and house hunting. I had no idea as I had sold a London property, had a large balance in a savings account as a result of that sale. Am in no way mathematical or expected that the intermittent bank statements id recieved via redirection had incorrectly input paid interest information on them. As I used phone banking to transfer money and check my balance etc..An accountant later noticed amounts paid werent correct and I queried this with the Halifax, which up untill that point they had been unaware of also. So. we entered into a debate via letter as to the fact that they then, by now, wanted this money back, but also by that point I had spent my sale proceeds rehousing myself and my family and could not afford to repay them a debt I had never asked for. This process continued up untill earlier this year when letters disipated.

 

Today, now living in France, I have recieved a letter from a french advocat (solicitor) demanding the amount on behalf of the Halifax. How do I respond to this? Do I have to reply? and what can they do to me? Help please Bookie!!! This is very worrying and is this effectively like being hounded by a Bailiff back home, as in if I do reply, do I then enter into being bound to these people some way. What is my legal position? Any advise please is appreciated.

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dax

dax

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Halifax made errors amounting to nearly 7 thousand pounds on my account over a 13 month period when I was homeless and house hunting. I had no idea as I had sold a London property, had a large balance in a savings account as a result of that sale. Am in no way mathematical or expected that the intermittent bank statements id recieved via redirection had incorrectly input paid interest information on them. As I used phone banking to transfer money and check my balance etc..An accountant later noticed amounts paid werent correct and I queried this with the Halifax, which up untill that point they had been unaware of also. So. we entered into a debate via letter as to the fact that they then, by now, wanted this money back, but also by that point I had spent my sale proceeds rehousing myself and my family and could not afford to repay them a debt I had never asked for. This process continued up untill earlier this year when letters disipated.

 

Today, now living in France, I have recieved a letter from a french advocat (solicitor) demanding the amount on behalf of the Halifax. How do I respond to this? Do I have to reply? and what can they do to me? This is very worrying and is this effectively like being hounded by a Bailiff back home, as in if I do reply, do I then enter into being bound to these people some way. What is my legal position? Any advise please is appreciated.

user_online.gifreputation.gif vbrep_register("1206116") report.gif

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dax

dax

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Halifax made errors amounting to nearly 7 thousand pounds on my account over a 13 month period when I was homeless and house hunting. I had no idea as I had sold a London property, had a large balance in a savings account as a result of that sale. Am in no way mathematical or expected that the intermittent bank statements id recieved via redirection had incorrectly input paid interest information on them. As I used phone banking to transfer money and check my balance etc..An accountant later noticed amounts paid werent correct and I queried this with the Halifax, which up untill that point they had been unaware of also. So. we entered into a debate via letter as to the fact that they then, by now, wanted this money back, but also by that point I had spent my sale proceeds rehousing myself and my family and could not afford to repay them a debt I had never asked for. This process continued up untill earlier this year when letters disipated.

 

Today, now living in France, I have recieved a letter from a french advocat (solicitor) demanding the amount on behalf of the Halifax. How do I respond to this? Do I have to reply? and what can they do to me? This is very worrying and is this effectively like being hounded by a Bailiff back home, as in if I do reply, do I then enter into being bound to these people some way. What is my legal position? Any advise please is appreciated.

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Bookworm

Bookworm

Posted
Posted

Dax, I am going to move your post to the Debt forum, as there'll be people more versed than me in this aspect of things. I know we have a French girl posting on here, but her situation is different in that it's one of the bottom feeders DCAs writing letters from the UK on a statute-barred debt, so I don't think the advice she's being given is in the same league as your situation.

 

I'll also track your old threads and tack them on to this new post to give the background of what has been done so far.

 

Sorry, I do remember you well, but I really don't know what to advise. :-(

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dax

dax

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I know Bookie but I did so to enlist more responses as I dont know time is on my side. To make matters worse, I am returning to Londres on the 8th Nov to seek employment as theres none here and do not want french bailiffs kicking my door down in my absence. Scarey!"

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sequenci

sequenci

Posted
Posted

Hello there.

 

I think in the mean time you will need to fill in an income/expenditure form and make a reasonable and affordable offer of payment to clear the debt over several repayments. This should hopefully stop the creditor taking further action. Certainly inform them that it is your intention to move back to the UK and that when your circumstances change you can re-evaluate the amount you're offering.

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dax

dax

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Do you mean reply to the french solicitors? Isnt it also in breach of my data protection rights that my details have been passed on. How can I also be sure that by entering into correspondence with these people I am not admitting responsibility ( of which I am not) and jeopordising my credability here within the french system, nevermind entering into potential legal costs here.Would I not be better off sueing the Halifax for their mismanagement of my money acting as my fidisuary, then landing me with a huge debt as a consequence.

 

I really need bankfodders help on this but his mail box is full

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cerberusalert

cerberusalert

Posted
Posted

I've no experience myself, but why would French solicitors be involved in UK bank matters?

 

I would have thought that as a resident of the UK, any dispute you have with a UK bank would be governed by UK legislation & they would have little or no knowledge of our legal foibles!

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  • 11 years later...
dax

dax

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This topic was closed on 08 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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