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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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Streamline.net - the home of appalling web hosting


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Thank you so much for your help guys.

 

As you saw from my email yesterday to CCI I received a further automated email today saying:

 

"Thank you for your recent correspondence.

 

We can confirm receipt of your E-mail and are currently procesing this information, a formal response will be provided once the details have been processed.

 

Please do not respond to this e-mail as it is an automated response."

 

Following your advice I will not reply. If I keep getting pestered by them about it I will do what you said Locutus.

 

Wow this stuff can really stress you and and put the frighteners on you.

 

Just out of interest are they still bothering anyone once you say you aren't paying or has anyone ever had them come round to their house?

 

Thanks!

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Hi all,

 

I've found that I'm in the same predicament as others.

 

Years ago (2009 maybe?) I had the urge to create a site so that I could put all my personal blogs onto.

Didn't really do any research and opened up an account on streamline.net for something like £5 a month (a very basic package). I never used the website at all, never uploaded anything and soon forgot all about it.

 

Sometime later, my card had expired and they were unable to receive anything as a payment. Since then I've been bombarded with email after email for a good couple of years stating either:

Payment Outstanding for 7 Days

Suspension of Services

Account Closure Scheduled

 

I've ignored them completely as there is no alternative suggestion to contact them other than the 0844 number which I do not I feel inclined to dial.

 

Yesterday I've received a letter through the post from CCI Legal ordering the payment of £82.12 or £58.12 by the 19/12/2012.

 

Any and all advise will be greatly appreciated.

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Well, I just got a very official looking letter from CCI Legal too. Not actually made out to me personally but to "Accounts Payable" and my trading name (I am a sole trader). It arrived second class post, no signature for recorded delivery.

 

If I pay by 19.12.12 they will waive their admin fees and I need only pay £134.96, which is nice of them. However, if I pay later than this date then £158.96 will be due. Also they threaten "further recovery action which may incur additional costs".

 

Part of me really wants to write a letter telling them exactly what I think of their outfit and part of me wants to save the cost of a stamp and just let them carry on demanding money but I realise that this could get a little tiresome.

 

Any advice?

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ignore

 

cci are very lowlevel pond life

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Mr Gilkes and welcome to CAG

 

Unless CCI come up with anything more substantive than their normal threats, I'd ignore them.

 

 

 

Hi Themod and I'd suggest you do the same - ignore CCI unless they come up with something more persuasive.

 

:-)

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Thanks for the replies folks.

 

I am pretty sure that CCI Legal and Streamline are all mouth and trousers. I am just suprised that they blatently ignore OFT guidelines in so much that they are still attempting to obtain payment on an unresolved disputed debt.

 

I recon their next move will be another "Urgent- Final Notice" letter before they attempt to bully me with the threat of a CCJ. In some way I hope they do. I dont like bullies.

 

As said, PONDLIFE.

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I too am currently under "attack" from CCI legal services, again because of Streamline.net. Similar scenario to the above case.

 

CCI write letters with varying amounts that they want to be paid. There is no clear reference of the case number on the form which you have to send back to them. It all seems very underhand indeed. How would they process the details of the claim with no reference number on the return form?

 

I asked them over the phone for more details about how I owe them money,

and they just reiterated it was a service from Streamline.net,

which I informed them that a friend of mine took out the service some years ago for me on my behalf,

again for a blog site, which I had planned to write.

 

Subsequently I didn't have the time to write a blog and wrote the amount I paid to Streamline off as a bad debt, not expecting any repercussions.

 

I too received a "final notice" in the post from Streamline.net and didn't get any other written warnings before hand.

 

I didn't want the service to continue, I didn't use their service. Why should I be forced to pay for something that I don't want / use / need?

 

The letters are intimidating, time consuming to reply to and a general pain in the *ss.

 

Here is another forum which covers a similar issue, with replies from other helpful users.

 

 

Hope this is of help.

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Im sure Streamline and CCI Legal know this, but who has the time to follow it through? So they ignore the law and OFT guidelines in the hope that their "victim" will pay up.

Their whole operation depends on official looking letters and empty threats of bailiffs, court summonses and ruined credit ratings. The sums they want are comparitively small and many of their victims will choose to pay rather than deal with such vicious sounding threats.

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Got a new letter from CCI legal today:

 

"I am writing in relation to your letter received by us on the 21/12/12. You noted on the top of the letter that you do not acknowledge any debt claimed by us, however may I point out that you spoke to us on the 05/12/12 after sending in an income and expenditure form offering a repayment amount of £10 per month. By making this offer you have already acknowledged that you are due to make payment on the outstanding balance, this offer has already been accepted and we have sent you out a banker's order and mandate in order for you to return.

 

Further to your request under the consumer credit act, unfortunately this contract is not covered under this act and is regulated under the distance selling and continuous payment authority regulations as set out by the office of fair trading. Therefore in this instance we would not be able to provide a deed of assignment or a credit agreement as it is not applicable, you are bound by the online terms and conditions as agreed by you on the initial sign up process to Streamline.net.

 

In order to view and re-confirm these terms and condition please following the link below on your web browser: ##################################

 

Based on these terms and conditions the debt remains valid and due for payment. The fee of £1 that you including with your request has now been offset against the outstanding balance."

 

This is word for word perfect. Note their almost Chinese use of English. "these terms and condition(s) please following the link" and "that you including"

 

Are they correct in what they say?, or is this just a load of rubbish? Have I opened more of a can of worms by offering to send them a breakdown of my monthly expenditure. I sent the offer for £10.00 without thinking that I could be paying into something which I know absolutely nothing about.

 

I want this matter put to bed so to speak, so that I can get on with my life without the worry of further letters and threats.

 

Any help from you all will be a huge bonus.

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then forget about them.

 

you owe nowt

 

your mistake was to phone them.

 

now ignore.

 

you dot spoofed once

 

you now know better.

 

and its unlawful to use the £1 for a CCa request as payment

your letter said what it was for.

 

but WHY did you send a CCA, there hasa never been any recommendation in this thread.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Alan,

 

I agree with DX - you made an offer to pay and you've since withdrawn it on the basis of information which suggests you do not have to pay them any more.

 

Ignore them for now and see what nonsense they come back with.

 

I'll bet it's NOT a court summons.

 

:wink:

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I asked for a copy of the deed of assignment or credit agreement, because if I owe them money, I want proof that I took out the service which they claim I did. It was that long ago I cannot remember.

 

How is it unlawful for them to use the £1 for a CCa request as payment?

 

I will just be ignoring them. But will post any further correspondence from them on here.

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Hi Alan,

 

If you used the Site Template for your CCA request, it should have said the £1 payment is to be used only to pay the CCA request fee and NOT as a payment towards the alleged debt.

 

This is important in some cases where any payment towards the alleged debt will reset the 6 year Limitation Act clock.

 

In your case, I think it doesn't matter.

 

:wink:

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I would be letting sleeping dogs lie for the moment, however any threats/demands from them I would respond with the exact same wording only in respect to the £1 back :p

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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Here is a copy of the letter which I wrote to CCI.

 

"I do not acknowledge any debt to your company.

 

With reference to the above alleged debt, I would be grateful if you would send me a copy of the original credit agreement and Deed Of Assignment for my review.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of any credit agreement and Deed Of Assignment on request, which I have asked for confirmation of this already. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of our credit agreement and deed of assignment should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement and/or deed of assignment under these sections of the Act."

 

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well whatever you got that from its WRONG

 

you would never see or get the deed of assignment

 

and it should have a line regarding the £1 is a fee for the CCa only - NOT to be used against the alleged debt or for any other purpose.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes but as there is no CCA on these debts as they are not credit

it would cost more to send it back knowing them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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From the OFT Principles for use of Continuous Payment Authority.

 

Cancellation of the contract

 

Customers should not be misled regarding their rights to cancel. In particular, they should not be told they are required to contact the business before (or instead of) the payment service provider. [note5]

 

note 5. Under the Payment Services Regulations, consumers can cancel any future transaction at any time up to close of business on the preceding day. The transaction can be cancelled either with the trader or the payment service provider (the customer's bank or card issuer). It is good practice to notify the trader, particularly where there may be an underlying contractual liability, but this is not a pre-condition for cancellation.

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Distance Selling regulations:

 

What customers must do if they want to cancel

 

 

A customer must tell you in writing, or in another durable medium, if they want to cancel. The customer can give notice by

 

  • leaving a notice addressed to you at your last address known to the customer, in which case notice is said to have been given on the day on which it was left at your address
  • posting the notice to you at the address last known to the customer, in which case notice is said to have been given on the day it was posted
  • faxing or emailing the notice to you on the last fax number or email address known to the customer, in which case notice is said to have been given on the day it was sent.

A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone.

 

The effective date for cancellations under the DSRs is the date on which the customer gives notice of cancellation to you. This ensures that the customer can take advantage of the full cancellation period provided for in the DSRs.

 

You may ask your customers to keep some evidence of having given you the cancellation notice, such as a certificate of posting or confirmation of fax transmission, but you cannot insist on this.

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Hey guys fab thread. Same situation this company is getting really out of hand again pursuing me for debt from 1/2 years ago on the basis that I did not cancel, what makes this worse is that I have been writing back and fourth with streamline.net to resolve the issue and they instruct CCI legal services.

 

For a company which is relatively smaller than major PLCs they seem to a high number of complaints which all surface in regards to unsolicited payment, random billing exercises. I am going to submit evidence to CCI, lets see how this one goes.

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Hi Notyouraverage and welcome to CAG

 

An alternative approach may be to ignore these parasites from now on.

 

The more you argue the toss with them, the more they're encouraged to continue arguing with and threatening you.

 

Their hope is that they'll wear you down and you'll pay out of exasperation, or fear that they have some legal rights over you.

 

But the experiences of everyone here suggests that they have NO such rights and they avoid taking direct action.

 

Try ignoring them if you want to take a different approach. When they realise they don't scare you anymore, they'll stop wasting their time chasing you.

 

:wink:

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Hi Slick, the problem is they have instructed CCI a debt collection agency I feel its only matter of time before this gets out of hand and that it effects my credit rating, I work in a job role where I have regular credit searches there is a high chance this could effect my employment. CCI seemed reasonable I have much evidence to submit, lets see what they say.

 

Cant we get together and create a template letter / email and send this to watchdog perhaps? I know it sounds daft probably need 100's of people emailing them however the point I'm trying to make it that for company which has a significantly lower client base than large PLC they have awful reviews and many threads similar to this.

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