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    • Good morning all, No further communication with P2G so now submitting my small claims action. Would be grateful for any feedback on my description of claim before I submit later. The defendant in this case is Parcel2Go Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper containing two handmade bespoke wedding trays to a customer with tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was informed that the parcel was being returned to me but after waiting three weeks was informed by Evri that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015. The claimant therefore seeks £370 in respect to the value of goods plus court costs. I thought it might be better to use the CRA rather than the Supply of Goods and Services Act as we are sole traders - is this correct?
    • No new development, I'm afraid. The last update I received was a letter from the court, advising that the case had been transferred to Croydon County Court.
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    • Hi, I am aware there’s been few threads about this already but just wanted to confirm information on my case. I was with Village gym last year(2023) on initial 6 month usual contract they do, I lost my job and due to that I couldn’t afford to pay for gym nor I had any motivation to go to gym at that time so they sent me arc phone message in September 2023 that I owed them £140 so I paid them back on instalments in 2 months time.  Then I started receiving new years deals in December 2023 and I decided to give them a call but they never mentioned anything about 6 month contract or anything, only that it would be monthly rolling contract and I paid them for 2 months and then I realised both months they charged me £59 instead of £38 they offered me on the phone when I mentioned that I am still student, even though before I was paying £43 a month in mid 2023. I spoke to gym entrance lady and she said I should give a call to gym on the phone number so I did and whoever answered said they’ll pass my info to manager and he will give me a call back in 24 hours, of course no one called me back so I called again and they said same thing. And of course once again no one got in touch with me so I got tired of them charging me more than they should and decided to cancel my direct debit and stopped going there as I got new job with rotation shifts which is not good for me as I cannot visit gym after I finish at 10pm every second week.  And now in April I received arc message saying this :  Also they have my old flat address where I used to live. What is the  best thing to do for me please? Thank you!
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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.

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Backdoor Carter CCJ re MBNA debt - Mymaterob - challenged carter - they said stop paying!!


phatram
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Hi

I wasn't being nasty, just trying to help you.

If you've got a thread concerning Carters please post a link so I can take a look and perhaps help?

Cheers

Mr P

 

Hi

No I agree with you its not good to hijack I just got carried away with the Godmother, I originally only wanted to say to you that he is ignoring us too.

I did post my thread on post 51.

It stands now that BC doesn't want to put anything in writing to us although we have asked him twice, so we are just waiting to see if he is going to try for another ccj on the same debt, If he is then I'm getting well tooled up with ammo.

This is why I like to follow any threads concerning BC.

Cheers Q

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l cant get the link to work and thought it was just me as i have not heard anything from anyone else.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

The following arrived on Weds 14th.

Evidently Carters think they have now complied with MMR's CCA request.

 

 

 

 

 

BRYAN CARTER & CO

SOLICITORS

FIL/Bryan Carter DX 87903 WEYBRIDGE 3

A list of partners may be inspected at our offices

 

De Havilland Drive

Weybridge

KT13ONT

 

 

 

FACSIMILE 08704211321 TELEPHONE 08453133128

 

 

 

 

13 May 2008

OurRef:

 

 

 

 

 

 

STA TEMENT OF A CCOUNT

 

Date

Item Detail

Amounts

21-Sep-2006

Original Debt

5,198.77

15-Dec-06

Claim Fee

20.00

15-Dec-06

Claim Cost

50. 00

09-Jan-07

Judgment Cost

22.00

16-Feb-07

Debit Card

50.00

28-Feb-07

Direct Debit

150.00

05-Mar-07

Direct Debit

-150.00

04-May-07

Debit Card

10.00

21-Jun-07

Direct Debit

100.00

23-M-07

Direct Debit

100.00

26-Jul-07

Direct Debit

-100.00

02-Aug-07

Direct Debit

100.00

07-Aug-07

Direct Debit

-100.00

17-Aug-07

Debit Card

70.00

ll-Sep-07

Debit Card

70.00

20-0ct-07

Debit Card

50.00

 

 

 

 

 

 

 

 

 

Balance

 

4,940.77

 

 

 

Please note recent items may not be shown. It is assumed any payments shown are honoured

Direct Debits are shown on the date applied for and not the processing date If you have any query contact this office at once as legal action may be pending.

Please note that Bryan Carter Co is the trading name of Crellins Carter Solicitors of 111 Queens Road, Weybridge, Surrey KT139UW A list of partners may be inspected at our offices. Regulated by the Solicitors Regulation Authority

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Any suggestions as to what to do next?

I think this one may be a bit too difficult for me to sort out especially when MMR is a plonker !

He didn't even ask them how they arrived at the figure of over £5000 !

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Hi.

 

I am guessing the rest of the documentation is still in the post as they have not complied with the request as u may have guessed.

 

If it has not arrived buy saturday send them a non compliance letter telling them the account is still in dispute and to bog off till they comply fully with the cca request.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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they should have everything to do with this acc if they own the account or they should have access to it if they dont own the account buy the way of a telephone request or email request for the docs.

 

Either way they should be able to provide u with everything about this case on demand.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Cool lets just wait and see.

 

Remember you mate rob can via the courts force them to comply ok it will cost him but he can then claim the charges back.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Right folks, sorry to be a nuisance but need some help please on behalf of MMR.

How does he take Carters to court for non comp of SAR? I can't find anything.

Any links or info most welcome.

Thanks

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Sample Particulars of Claim: Text in red should be amended/deleted as appropriate.

 

NB: Please note that some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".

 

The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.

 

 

BRIEF DETAILS OF CLAIM (On Front of N1)

 

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages

 

NB: It is absolutely vital that you do not use the word "injunction" as this may cause problems. You will also find that the fee varies from £30 to £150, depending on the court involved. Of course, this fee should be recoverable, and if you qualify for relief from paying fees you will not have to pay, or it may be reduced.

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant (has/had) an account number (Insert Account Number) ("the Account") with the Defendant which was opened on or around (Insert date) (and closed on or around (Insert date)).

 

3. On (Insert Date) the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).

 

6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

.Would someone please help with wording of no2 about the account with?

It was with MBNA but they have no record of such, Carters are the ones we want to take court but not sure what to put.

Thanks

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it depends on who is refusing to provide the info.

 

Who did u send the letter to?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi GM

 

Sent SAR and CCA letters to both MBNA & Carters. Westcot bought the debt, but Carters (Solicitors) said all correspondence must be through them.

Edited by phatram
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well u file against them both. U will need 2 seperate claim forms tho.

 

If it is both who have failed to supply the info.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hows this look? and do you have to prove the amount in no 6 ?

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant had an account with MBNA EBL. The Defendant, who is the Solicitor for Wescot Credit Services Ltd who took on the Claimant’s debt, has failed to supply the relevant information, only supplying a Statement of Account covering the period listing payments made from 21/09/06 to 20/10/07.

 

3. On 08/09/2007 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage .

 

6. The damage caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £.1000.00.

 

 

 

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

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