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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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      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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CitizenB,

 

Nice of you to drop by, your comments are always welcome Thank You.

 

I may send her a belated one after the 14th January 2010 if I have any left that is.

 

Just to show no hard feelings lol

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Pompey, she sends them out (or at least the replies I've had so far have been) with the po box 1004 address, so I would think that's probably ok.

 

If you've not got it (I can't believe you wouldn't with the amount of correspondence you've had:D), it's

 

MBNA Europe Bank Ltd

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

Either that or as CB says just send it to the registered office:)

Time flies like an arrow...

Fruit flies like a banana.

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Lexis,

 

Thank You, but its ok I got all the info off one of her Witness Statements

 

Ms Dianne Powell

Litigation Manager

MBNA Europe Bank Ltd

Stansfield House

Chester Business Park

CHESTER

CH4 9QQ

 

So ill send it there and if she does not get it well thats another lie on her statements lol

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 1 month later...

Greetings mkb and all,

 

Right it was a case of 50/50 me thinks.

 

Now remember I had a judgement for the whole amount.

 

Optima Legal tried to get a C/O this was denied by the judge because she also had mine and my mums medical conditions to think off and it would be most unfair to grant that.

 

With that she asked me what my earnings was and I said as im on incapacity benefit all I get is £80 a week.

 

So she said in that case the terms of the tomlin order which was set on the 15th June 2008 remain as is and I must start payment on the 1st Feb 10 until paid.

 

So all I pay is £20 a month so that was a good result I think.

 

As for the Comtempt which was rife in this case by Optima Legal that was a non starter as she would not have any of it.

 

A lot of time was spent over quiet a few weeks preparing that for which a 48 page statement was submitted with clear evidence.

 

I dont even think she read that statement plus she did not even allow enough time for the hearing as she only allowed half an hour.

 

She said she could not consider it as the case was closed.

 

Now I produced case law that states even if a case is closed that does not stop proceedings being brought for contempt specially if it is in the public interests.

 

Anyway as for that im not letting it drop as it is in the public interests and all the judge has done is effectively given the solicitors a green card to carry on.

 

This cannot happen and im not going to allow it to my complaint is with the SRA and im looking to see if this can be taken further in court.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Greetings Lilly,

 

That is my Dog at Xmas hehe.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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This post is in repy to PF post #1594

And will probably get me banned

Its time Cag woke up and smelled the roses, Remember my replies pompeyfaith on the first judgment?

Law and legislation is not enough, and yes i have wasted enough time studying it, and threads on here where it is ignored.

Its wrong, but unless cag can provide legal representation to every case, this is the result you will get

Many magistrates work for big financial institutions on the side as consultants

besides that, the reason why are obvious

Legislation alone will not win a battle, unless someone is willing to fund the appeal. and fund the costs!

The creditors have too much to lose, so has the country's economy

I really hope this post does not get cab botted, but feel it will

if it does, i hope some see it before it does and question why?

Edited by blind-as-a-bat

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This post is in repy to PF post #1594

 

And will probably get me banned

 

Its time Cag woke up and smelled the roses, Remember my replies pompeyfaith on the first judgment?

 

Law and legislation is not enough, and yes i have wasted enough time studying it, and threads on here where it is ignored.

 

Its wrong, but unless cag can provide legal representation to every case, this is the result you will get

 

Many magistrates work for big financial institutions on the side as consultants

 

 

 

besides that, the reason why are obvious

 

Legislation alone will not win a battle, unless someone is willing to fund the appeal. and fund the costs!

 

The creditors have too much to lose, so has the country's economy

 

I really hope this post does not get cab botted, but feel it will

 

if it does, i hope some see it before it does and question why?

 

Any ideas on how CAG would fund legal representation for every case BAAB?

 

It's a self help forum and all we can do is try to provide a place for people to share their information and knowledge. At the end of the day it's down to individuals to do what they think is best for them.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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well it was very clear the hearing would take more than 30 mins so why did she only allow that amount of time to deal with it?

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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anyway i got fee remission 4 this hearing so i will apply again 4 an appeal

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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:-|

Any ideas on how CAG would fund legal representation for every case BAAB?

 

It's a self help forum and all we can do is try to provide a place for people to share their information and knowledge. At the end of the day it's down to individuals to do what they think is best for them.

 

Agreed caro, and there is no way cag, or anyone else, could fund it, but thats the problem

 

Im sorry if my posts come accross in a negative tone, but while courts, or magistrates, ignore legislation we are in a no win situation, apart from the few 'lucky ones' that get a magistrate that follows legislation

 

Im sorry caro, this is why i refrained from posting here, i should have stayed quiet

 

Sorry:(

Edited by blind-as-a-bat

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You're entitled to your opinion, and I agree it's very frustrating. I honestly wish there was more that we could do, but I'm at a total loss to find a better and more successful way ahead.

 

I feel like I'm banging my head against a brick wall at times.:(.

 

All any of us can do is the best we can.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You're entitled to your opinion, and I agree it's very frustrating. I honestly wish there was more that we could do, but I'm at a total loss to find a better and more successful way ahead.

 

I feel like I'm banging my head against a brick wall at times.:(.

 

All any of us can do is the best we can.

 

It’s not my opinion, it is a fact of most cases i have followed, here and elsewhere, and please do not do me the disservice by ignoring that fact.

But please don’t get me wrong, I have spent more time than most studying the relevant acts, and if it was down to the letter of those acts I/we could win in most cases.

No, Cag can not help in every case, but can it not help making courts follow legislation?

I already know the answer, but it’s something to think about.....I may not trust the legal system, but I do not under-estimate the power of public opinion....if directed in the right direction.

Can not help but feeling a change of tactics is needed?????

But like I said, maybe i should have stayed silent???

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I was referring to your the opinion that appeared to be coming across about CAG. I didn't mean to do you a disservice and apologise if I have.

 

I happen to think that we should be trying to sway the politicians during election year, which is why I've started a thread in the campaign forum on bank charges, but I'm coming to the conclusion that it should be about the banks and financial institutions generally.

 

Perhaps if you follow the link in my sig this may be the kind of thing you were thinking of.

 

Getting enough support to make a difference seems to be easier said than done though and there are those who think that it's a waste of time and energy. I don't think that people power should be underestimated, but it's galvanising people to take action that's the problem.:-(

 

Sorry for the hijack pompey.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Why the heck is this happening? Surely the courts are the place to enforce legislation???

 

Because some unscrupulous people have sought to take advantage and cash in on a loophole in the law and used it in a way that was never intended, like CMCs and the Rankines.

 

That's what I think anyway.

 

Unfortunately it's been those in need of the protection of the law who have fallen foul in courts.:sad:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Because some unscrupulous people have sought to take advantage and cash in on a loophole in the law and used it in a way that was never intended, like CMCs and the Rankines.

 

That's what I think anyway.

 

Unfortunately it's been those in need of the protection of the law who have fallen foul in courts.:sad:

 

 

Agreed, it is those mentioned above who have created an image that everyone has now been tarred with.:(

 

 

 

Going back to PF's thread :D

 

PF, have you put your complaint to the SRA:)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Citizen yes i have so hopefully they will take it to a tribunal

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 1 month later...

Greetings All,

 

I bet you all thought I had disappeared of the face of this earth.

 

Well not quiet I have been taking a rest from all this lark as it was getting the worse of me.

 

Anyway I am back, but firstly I would like to apologise to all those that have been looking for my help.

 

I have had a nice few weeks with debt well out of my mind and diverting my time to my family more.

 

Now as for the SRA I got a reply today and they seem well interested in investigating my complaint being as optima saw fit not to.

 

They have copies of my last witness statement and today have asked for copies of all the evidence that went with it so that has duly been sent to them via SD delivery.

 

So now I await there reply before I decide which way to go next.

 

I think I am now passed the time limit to appeal, so I'm thinking about bringing a separate case to court for contempt.

 

If the SRA bring action that will make my case stronger so I'm thinking carry on paying the £20 a mth until the outcome of the SRA then clobber Optima in Court.

 

Does that sound right guys?

 

Anyway great to be back posting.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Not something I know anything about PF, but just wanted to say welcome back. I'm glad you took the time you needed.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi PF:)

 

Just echoing Caro's words really - it's great to have you back as you've been missed! Glad you're feeling refreshed after your break. Sorry I can't help with your query though.

 

Take care,

 

Landy x

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No advice from me either, PF..

 

Pleased to hear you are well rested and back with a vengeance though :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Greetings Langster,

 

I have a question to ask, but I have to pop out to collect my son so ill be back in 20 mins ok.

 

Thanks for the info.

 

Will update you soon as i get back.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Right, Following the letter I got from the SRA I sent all the evidence they asked for they seemed very interested maybe this is because there is someone else on here making a very similar complaint about optima.

 

Your thoughts please but im wondering if i should now let the SRA take there course and them subject to there findings make an application to the judge.

 

The reasoning is because maybe it would make my case stronger against them re the contempt.

 

Anyway the payments too Optima are upto date and another went though today.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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