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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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    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • pralink
      PRA Group Claimform - old Barclaycard

      By pralink · Posted

      Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • aries18pk
      Need help with huge amount of unsecured debt

      By aries18pk · Posted

      Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? I am working on information that @BankFodderhas requested and will be sharing it later today.  
    • dx100uk
      US elections November 2024 [amended 18/04/24 - HB]

      By dx100uk · Posted

      wrong!!  
    • dx100uk
      Intrum to Resolvecall - old halifax card debt

      By dx100uk · Posted

      who said send the sb letter to RC anyway? we said the debt owner not the grease monkey.

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      WanTToMoveOn

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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.
      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
      BankFodder

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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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Being charged to leave virgin media

Bearmaggie
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Bearmaggie

Bearmaggie

Posted
Posted

Can anyone help or provide advice.

 

We've been with virgin media for the last 5 years (formerly NTL world). In January 2008 we changed our package. At the time we did this we were informed that the new package was for 12 months and we couldn't change our package again in those 12 months.

 

We've now decided to sell our house and I've rang Virgin Media with the moving date, saying I want to cancel, as the area I am moving to is a non-cable area, therefore Virgin Media cannot provide digital TV. They've told me that i cannot cancel my "contract" as it is for 12 months, and it is not their problem that i am moving to a non-cabled area. I advised that they cannot supply me with the goods stated in the contract. They stated that they can provided me with "freeview" through a BT phoneline and broadband through a BT phoneline. I stated I didn't want freeview, but wanted a full TV package, which they can't provide.

 

They have now stated that if i don't stay with them, i have to pay for the remainder of the "contract".

 

Has anyone else had this problem? Can anyone advise me were i stand with this.

 

Thanks in advance.

 

Bearmaggie

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fergal71

fergal71

Posted
Posted

hi seq this is what I am saying in my pm to you??? if they do not have cca how can they without authority share subject data???? is this not part of the data protection act...

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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fergal71

fergal71

Posted
Posted

i was meaning consumer credit agreement.... they do not hold copies after 15 montsh allegedly..How are they allowed to share data without consent or true signed copy of agreement """"""" anybody can write and make people sign small print, allows a whole host of sins but if it is not lawful then any terms and conditions signed for arent worth the paper they are written on surely... Is this not the same as banks we signed for charges etc but if they are not lawful then it shouldnt matter.......

 

Does anyone have NTL/telewest terms and conditions prior to them being taken over by Virgin be interesting to see.........

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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lawbunny

lawbunny

Posted
Posted
Can they send you a copy of the 'contract' that you have signed?

 

If they refuse you could consider a S.A.R - (Subject Access Request) to see if they have one.

 

They can hardly bind you to something they have no proof of!

 

 

Nope, not true.

 

They don't need a written "contract". The verbal agreement over the phone is enough. They will argue that it is also backed up by the fact they have been sending you bills for the past 4 months, which you have (I would assume) been paying... basically, they can assume that because you have seen your bills and are paying then you have agreed with the terms of the contract. Harsh, but true. Sorry.

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fergal71

fergal71

Posted
Posted

so similar to all terms and conditions, if you sign for them or even dont in this case you are bound by them lawful or not..... If I write terms and conditions to say I am going to punch you in the face every week... If i put it in small print along with a load of other terms and you dont read and sign does that mean I can punch you in the face every week. How are companies allowed to use consumers credit files but are not bound under the consumer credit act.... If I receive poor service and crap customer service what recourse do I have.... they can wreck my credit for the next 6 years... I can spend hundreds of hours on letters and calls with very little result for what????? this should be the next challenge. we are being controlled by credit reference agencies(profit making) this is a spiral of issues that need to be looked at.... industry standard is not law and should be challenged at every oppurtunity until some Body such as fso or oft take the credit reference agencies and its industry standard rules to task....

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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sequenci

sequenci

Posted
Posted
Nope, not true.

 

They don't need a written "contract". The verbal agreement over the phone is enough. They will argue that it is also backed up by the fact they have been sending you bills for the past 4 months, which you have (I would assume) been paying... basically, they can assume that because you have seen your bills and are paying then you have agreed with the terms of the contract. Harsh, but true. Sorry.

 

I've helped many clients win this argument with things like mobile 'phone contract extensions which were 'verbally' agreed. I appreciate the balance of probabilities and I also appreciate the law of contract.

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ASIIndustries

ASIIndustries

Posted
Posted

Hi Bearmaggie, what items did you have prior your change and what items do you have now, was it a simple up or downgrade or did you take on services you did not have before?

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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casio

casio

Posted
Posted
Can they send you a copy of the 'contract' that you have signed?

 

If they refuse you could consider a S.A.R - (Subject Access Request) to see if they have one.

 

They can hardly bind you to something they have no proof of!

 

I am considering doing this for Demon Internet.

I signed up with them, then phoned them as I was moving house, and they moved the account and everything was fine.

I moved house again, and phoned them again. This time, they ended up opening up a totally new account and didn't stop the old one.

 

I sent a letter of complaint that they didn't respond to.

So, I sent another and told them to close all the accounts.

I moved house again, and a year or so later I'm getting calls from a debt collection agency.

 

After much messing around, it seems that they want to charge me for 12 months for the new account.

If I SAR Demon and they can't come up with a signed contract for the new account, I can't see how it is enforceable.

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Bearmaggie

Bearmaggie

Posted
  • Author
Posted

Just to update everyone who replied to my post.

 

I rang them back up requesting a copy of my contract, which they said they would send to me.

 

I then rang again a day later, to clarify how much it would cost to cancel my contract. I was all of a sudden told that i wasnt tied into a contract, as the person who upgraded me at the time had failed to inform me that i was starting a new contract and had failed to then send the details of the contract and my cancellations right out in the post to me.

 

So it seems that by ringing up and asking for a copy of my contract has made them realise that they had never sent me one!

 

So now cancelled Virgin media and saved £250.

 

Thanks everyone who responded.

 

Bearmaggie

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5layer

5layer

Posted
Posted

Hi Bearmaggie,

 

I'm really glad that you won, it just shows what you can achieve when you will not take no for an answer or be pushed around.

 

Well done mate.

 

5layer

Started claim with Halifax on 30/04/08

Sent 1st letter for bank charges and interest

 

If this has been helpful then please give the Scales a click. Thanks

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