Jump to content


  • Tweets

  • Posts

    • Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

Robinson Way


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6020 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

Could someone suggest a reply to this letter after the original creditor and Robinson Way have been sent a CCA request, and the telephone harrassment letter, as im getting sick of constant letters and phone calls

 

Thank you for your email sent to *********** *********, who has now forwarded it to me for investigation.

As you are aware the outstanding amount relates to a mail order debt and unfortunately, as with most mail order accounts, no agreement exists. Whilst this may mean that the debt is unenforceable through the court, it does not mean that the debt does not exist. In addition we have a legal requirement to accurately reflect the account status with the credit reference agencies.

From the information on the account, we do not appear to have been given any details of any dispute relating to this debt or that you have denied receiving the goods. If you are claiming that you were not residing at the address at the time the order was placed / delivered then please provide proof of your alternative address details.

We look forward to hearing from you with your payment proposals or to discuss favourable terms to settle the account at a reduced rate.

I trust this clarifies our position and if I can be of further assistance, please do not hesitate to contact me on my direct number below.

 

Thabks in advance

Link to post
Share on other sites

opps just seen youve sent a telephone harrassment letter

 

right then if they are pursuing you for a debt which is unenforceable then you could consider a complaint to trading standards as they are in breach of the OFT guidelines

 

Also they are in breach of the Administration of Justice Act 970

 

40 Punishment for unlawful harassment of debtors

 

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as

a debt due under a contract, he--

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of

making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject

him or members of his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(d) utters a document falsely represented by him to have some official character or purporting to have some official

character which he knows it has not.

(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of

such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to

harassment.

(3) Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise

permissible in law) for the purpose--

(a) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom

he acts, or protecting himself or them from future loss; or

(b) of the enforcement of any liability by legal process.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than

[level 5 on the standard scale].

Link to post
Share on other sites

They are still taking the micheal lol, I emailed the contact last night and recieved this reply:

We cannot agree to your suggestion that we are in breach of the Administration of Justice Act.

If an agreement is not available it does not mean that the debt is not owed it merely means that we cannot enforce the repayment of it through the court; we still have a right to pursue you.

I acknowledge that you are refusing to pay this outstanding balance, however you have never denied receiving the goods or provided evidence that you were not living at the address at the time of the order. You should therefore either return the goods or agree payment proposals.

Alternatively the outstanding amount will remain as a default on your credit file.

Any ideas on what to reply with

Link to post
Share on other sites

They are still taking the micheal lol, I emailed the contact last night and recieved this reply:

We cannot agree to your suggestion that we are in breach of the Administration of Justice Act.HHM no of course your not so their conduct isnt as described in section 40

 

40 Punishment for unlawful harassment of debtors

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as

a debt due under a contract, he--

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of

making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject

him or members of his family or household to alarm, distress or humiliation;

 

They are talking out their bottoms !!!!!!

If an agreement is not available it does not mean that the debt is not owed it merely means that we cannot enforce the repayment of it through the court; we still have a right to pursue you. And you have the right to tell them to sod off

 

I acknowledge that you are refusing to pay this outstanding balance, however you have never denied receiving the goods or provided evidence that you were not living at the address at the time of the order. You should therefore either return the goods or agree payment proposals. NOPE NOTHING HERE which convinces me that they can force you to pay or return the goods

 

Alternatively the outstanding amount will remain as a default on your credit file.

 

Any ideas on what to reply with

 

i am sure curlyben has a letter template for every occaision, i will ask him and see what he says

Link to post
Share on other sites

Throw this at them

 

Formal Complaint

Letter Before Action

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Ive looked on a site CSA that they are a member of and got there debt collection guidelines they should adhear to and sent them the email below, does it sound ok?

 

Hi

Please be aware you seem to be stating the same thing over and over.

"I acknowledge that you are refusing to pay this outstanding balance"

 

Please read the previous email I have sent you which clearly state I do not acknowledge any debt to your company.

I also suggest that you look at this link for the CSA code of practice.

http://www.robinsonway.com/CSACodeofPracticeA4.pdf

A CCA request was sent to the original creditor who was and still is in default of the request.

Please see section 3 j and r of their code which states not to falsely imply that proceedings will be brought? which I have it in writing here from yourselves.

At this stage there is nothing to deny or return as I DO NOT ACKNOWLEDGE and debt to your company.

This is my last e-mail on this matter and if your company contacts me again regarding this issue then complaints will be sent to the relevant authorities (Trading Standards OFT & the data commissioner) as I have all the information regarding your none compliance

 

Yours

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...