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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
      Parcel 2 go / Evri painting stolen and sold on @John_Pye Auctions site

      By BankFodder · Posted

      By not sticking to the deadline which you set you have lost credibility. Your letter of claim becomes one of hundreds of others which they receive and which they put in the bin because they think that you are just bluffing.  
    • JumperLoose
      Can't Find Old Work Pension.

      By JumperLoose · Posted

      05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
    • Strawberry_candy33
      Cabot and old Aqua card debt - keep wanting me to increase payments now letter of claim

      By Strawberry_candy33 · Posted

      One email received from Moorcroft.  Reporter as spam. 
    • Complete Misfit
      Parcel 2 go / Evri painting stolen and sold on @John_Pye Auctions site

      By Complete Misfit · Posted

      Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • whitelist
      JCI and Virgin Mobile Phone Contract debt

      By whitelist · Posted

      Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin

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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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      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.

£115 fees on £200 Freemans debt? - NOPE **WON**

veryweary
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veryweary

veryweary

Posted
Posted

Hello,

can anyone advise on a Freemans catalogue debt, now with EOS Solutions . Part of DMP with CCCS from 2004, and paid each month. In 2005 we had to miss single monthly payment in agreement with CCCS due to financial problem.

Whoever was DC for account send us Court Papers which CCCs advised us to return to court with Time to pay request which we did.

Before court date I phoned DC for an explanation as to their heavy handed action and discovered that some of my payments had accidentally went astray in their system. When CCCS confirmed all our other payments had been made, DC said they would stop court proceedings but I would have to pay. £40 for their court costs, even tho it was their error..

We never received any paperwork from the court or otherwise to say any CCJ had been granted on their behalf, so assumed the action was stopped..

Now looking at this debt on CCCS paperwork , it says I started repayment plan with about £200 owing have paid £200 and still owe £115 so somthing isn't right.

Can a CCJ be granted without me knowing If I've lived at same address for many years.

Would I be better doing a CCA or an S. A. R here, or do I just have to accept the costs.?

Thanks

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veryweary

veryweary

Posted
  • Author
Posted

Hello anyone,

Phoned the court, no CCJ was awarded. The case was dismissed in Oct 2005 and no costs awarded.

 

I've now repaid the full amount of the debt owing, and don't plan on paying DC admin fees/charges without a fight, but would I have to pay the DC costs of bringing the case to court in 2005?

 

Just got call tonight, another debt sold on, this time to Cabot :( Can see another thread looming. But on the bright side found an old phone which records 2 way conversations, so perhaps I'll get some nice friendly helpful converstions recorded.:)

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Bookworm

Bookworm

Posted
Posted

Sorry you didn't get an answer the first time you posted on this, must have slipped through the net. :-(

 

If the case was dismissed and no costs awarded, it means exactly that: NO costs awarded, so no, you don't have to pay it. As for their fees and what not, if they were pursuing you for a debt that you had in fact paid, that's their problem, and they have no right to pursue you to pay for their mistake. IF they try to go to court, you simply defend with a "I don't owe this money, the charges incurred were due to their administrative errors, I am not liable for a penny of it", and you show proof that you in fact paid everything you were supposed to when when you were supposed to, and voila! :-)

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rory32

rory32

Posted
Posted

Phoned the court, no CCJ was awarded.

Are you in England/Wales?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

I just wondered because you mentioned a CCJ (which is granted in English courts). A decree would be granted in Scotland.

 

Did you just get the terminology wrong or do you mean that the DCA started to take court action against you in an English court?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Okay, just wanted to make sure. In Scottish small claims up to the value of £200 costs are not awarded at all. So even if the case hadn't been dismissed they wouldn't have been able to apply any costs to the account.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 3 weeks later...
veryweary

veryweary

Posted
  • Author
Posted

Called EOS Solutions and queried the account balance. Advisor initially tried to tell me it was charges I had to pay. But armed with info I'd been given above , he soon changed his mind after checking with a legal advisor. Overall the guy was quite pleasant compared to 1stCredit:eek:.

 

I've already partly overpaid this account , so been told they'll send me a refund cheque in the post, together with a letter saying the account is clear. (Recorded the conversation in case cheque doesn't turn up:wink:!!)

 

Small victory and amount of money I know, but for me a success nonetheless. Gives confidence to tackle some others. Many thanks to Bookworm and Rory for excellent advice and another donation on the way when refund arrives.:D:D:D.

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rory32

rory32

Posted
Posted

Well done veryweary. Glad you got it all sorted out :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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