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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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    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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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.

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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.

Letter out of the blue asking if I'm the Miss xx that lived in xx...?

notsurewhattodo

By notsurewhattodo
in Debt Collection Agencies

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notsurewhattodo

notsurewhattodo

Posted
Posted

Hello, I would be very grateful if anyone could offer some advice on the following. I received a letter this morning from Lowell Portfolio I asking if I was the Miss X that had lived at address Y. Then asking that I contact them immediately; it also states that their records will be updated to show that it was in fact me if I don't contact them.

 

The address they state I haven't lived at for over five or six years and I ended a relationship and moved out of there (leaving ex-partner still living there.)

I really don't want to walk into a situation and was wondering if there was anyway I can find out what these people want without confirming that it could be me?

 

Thanks for any help.

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uk1975

uk1975

Posted
Posted

Ignore it ... don't do anything.

 

File the letter for if and when they contact you again.

 

As Bookworm said, the debt they will be chasing will more than likely be Statute Barred so there is nothing they can do.

 

If they start trying to contact you by phone, NEVER talk to them ... straight from the word go just say that you want everything in writing.

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Welshwoofs

Welshwoofs

Posted
Posted

There is no earthly point in you responding because no matter what you write, or what you say, the result will be a demand for payment of a non-existant or statue barred debt.

 

Lowell Portfolio are a bunch of blood suckers who specialise in buy up old statue barred (i.e. not enforceable) debts for pennies and then spraying out fishing letters to anyone of the same name (or at the same address) hoping that they'll intimidate someone into paying up.

 

Click on the link in my sig which is a site another CAGer has set up to try and fight these people of undemonstrated parentage.

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DejaVu

DejaVu

Posted
Posted

Dont take this as advice...

 

But,

 

Cant she reply with...

 

'The debt you would be referring to was in dispute and has already been statute barred as it is over 6 years old meaning it is not enforceable!

 

Your recent correspondence explains that you are only just starting proceedings and is usable in court.

 

Any further correspondence from yourselves regarding this matter and I will file court action for harrasment.'

 

Surely, if Lowell know they cant get anywhere with it, a letter explaining to that tune (as long as it's not signed) will shue them off? No?

 

If she does ignore it, the floods of 'give us money' letters will start to fill her letter box wont they?

 

Perhaps nipping it in the bud early?

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Welshwoofs

Welshwoofs

Posted
Posted

I think she should respond with the relevant template (CCA or Statute Barred) when they've said what it is they're after. At the moment they are fishing and they well may have sent numerous people the same email about the same debt to see who responds.

 

Personally I would not respond to a contact from any company which simply asked me to confirm who I was and where I lived without giving information about what they actually wanted my details for.

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2Grumpy

2Grumpy

Posted
Posted

If notsurewhattodo moved out 5 or 6 years ago then it may not be statute barred yet

 

Plus she doesn't know what the alleged debt is for, who it belongs to, who owes it

 

So I agree with doing nothing, if they try again then she could ask them what it is all about, remembering it is up to the DCA to prove that it is her debt, not for her to prove that it is not.

 

Grumpy

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firstwithit

firstwithit

Posted
Posted

I think there is a lot of jumpiness in some of these replies.

 

Looking at the situation, Lowell have written asking if she was the person that lived there, if she doesnt reply they will assume she is. End of story!

 

So the advice at the moment is DO NOTHING.

 

Other than assuming that she is Miss so & so they have neither asked nor stated anything else at this time, I am sure they will later.

 

My personal opinion of all this Lowell rubbish with these statute barred BC accounts is why bother wasting a stamp and the time to do a letter, I should think they have a budget of around a £1 for each of these debts so that might mean another two letters at most.

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N.P

N.P

Posted
Posted

Hi all,

 

I just noticed this thread.

 

I`ve never had one of these kind of letters myself, but I don`t see why you need to confirm who you are to anyone. If they say you have a debt with them, then they should prove it with their first communication.

 

If you confirm your name and address they will only hound you.

 

As ODC says, wait until a letter with more substance arrives, including information such as original creditor, amount, account number etc. That way you will know if you owe and possibly owe. Then go from there.

 

So, just blank it, and just keep reading the CAG and enjoy.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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