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    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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    • read it properly, doesn't say will anywhere. i don't think we've ever see any of these threats go anywhere.    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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Hi BC,

 

In the absence of any other advice, I'd simply ignore their threatening letter.

 

If you can be bothered, drop Debitas a letter saying:-

 

The a/c is in dispute as per copy letter to Cap1 enclosed.

If you write to me again in this matter, a report will be sent to the FOS for investigation, and to Trading Standards.

Until I get a proper reply from Cap1, the a/c will remain in dispute and any contact from you will be in breach of the OFT Guidelines on Debt Collection.

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Thanks Slick, Was starting to think I had been desserted after all the various comments & advice down to zero yesterday.

 

I've really had a guts full of this shower, they have ignored everything that I have sent, thankfully it always by recorded. I have maintained payments as per NDL budget sheet so I can't see how they can accuse me of not making payments/contacting C1, if their unhappy with what I'm paying they should say so & return the payments if it's not enough.

 

Anyway I intend replying to their latest letter and copying it to OFT, TS and my MP (he was very helpful with a work problem I had early this year).

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Hi Beachy,

 

No, you hadn't been deserted but sometimes peeps just ain't about or are busy doing other stuff.

 

Just remember, when you say "they accuse me of this and that " they are really only sending out template letters generated by their system and little of it is relevant to you as an individual.

 

Send the letter to Debitas as above.

 

If you're going to send any complaint, make it to the FOS as they charge DCA's, etc to investigate.

 

Also to TS and your MP if you want and forget the OFT.

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Hi Beachy,

 

I hope you maybe feel better for telling them what you think !!

 

;)

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It always makes me feel better when I vent! Especially if I've got my proper letter writing head on and can make it hugely sarcastic but also polite at the same time so they can't complain:D

Time flies like an arrow...

Fruit flies like a banana.

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Well in spite of sending a letter to P2C they did send a caller today to speak to me about my account, I refused to discuss it with him, as my neighbours were getting in their car he kept asking if Iam bankrupt or in an iva and if he phoned Capital one would I speak to them, shut the door on him. grabbed my camera and got a photo off his car before getting a copy of letter sent to P2C warning them about door callers then went out opened his car door and told him to read it very carefully.

Hi Beachcomber Emma and Atwozee! EEEEEEEEEEEEEk i have today received a similarnotice as Beachcomber! saying they are sending one of their agents to call on me this week or next week!:eek:!I thought those threats were normally idle threats! I am so glad i saw this post on your thread and i am forwarned!I will be telling my husband to keep our door bolted and locked at all times as i am normally at work most of the time!Luckily my OH does not answer door,That post i just noticed on your thread a bit of a shock to me Beachcomber,

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Sunflower, if you make a request under s77-79 of the CCA the creditor is obliged to reply – if they don’t comply fully then they are in default of your request and are not entitled to enforce the agreement. The agreement at this stage is still valid (regardless of the copy they send you) and the question of enforceability is irrelevant – so you can claim back any unlawful penalty charges.

 

If the creditor (or his agent) tries to pursue the debt in court (most likely) you can then ask for a ruling as to whether the agreement is enforceable. If the agreement is not enforceable then the debtor will be unable to enforce the debt – not only that – they lose all rights that they would have had if the agreement was enforceable.

 

Just what you can and cannot claim back in the event of an unenforceable agreement is the subject of much debate. Some people (including myself) believe that there is an argument to claim back all payments made into the account. Others do not because they believe that this would be unjust enrichment.

 

I don’t agree because if the right of the creditor to demand payment has been rescinded by an act of parliament (s127 (3) for instance) then there can be no claiming that the recovery of these payments are unjust because the creditor was never entitled to them in the first place. To claim unjust enrichment regarding reimbursement would be to claim that an act of parliament itself is unjust and that wouldn’t be upheld.

 

In the case of Wilson vs FCT She (Wilson) kept her car (that she pawned for £5k) and was reimbursed with the £6900.00 she had handed over in payment to get the car back. The point on unjust enrichment is clearly argued in that case. It seems harsh on the creditor but that is the penalty they face for improper execution of a credit agreement.

 

The government (probably on the advice of the banks) has now amended the act so that s127 3-5 (which precludes the court from enforcing an agreement) no longer applies but only on agreements made after April 2007.

 

Thats how I look at it anyway.

Thanks Arwozee that was very helpful information and cleared up my confusion!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Sorry I haven't been around BC (you know the health issue reason).

 

I found that they didn't respond to anything I wrote to them OR anything I said on the phone. I would be interested to know what they are doing with your payments if the amount id not changing though. I know you have already SAR-ed them. Could you ask them for a statement of account?

 

Someone should know?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Beachcomber! I am still waiting for a visit from Debitas!:eek:I bolted my front door as soon as i got back!Will have to set hubby and dog on them if they turn up!LOL

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Sunflower

 

Send them this letter

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. 384 per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

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Steven

 

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Hi Steven!

Thanks i will send them that letter! I never used to take these threats of doorstop visits seriously and considered them empty threats but now beggining to learn from a few threads that sometimes they do actually turn up:eek:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Sunflower, to add to what Steven stated if it's P2C what they did to me is dated their letter two days before posting giving you three days to ring C1 or Debitas by the time their letter arrives the time scale has expired they turned up on my doorstep the day after receiving their letter, P2C's letterhead does not contain their telephone number only that of Debitas so there is no way of putting them off.

 

Beachy

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Hi Sunflower, to add to what Steven stated if it's P2C what they did to me is dated their letter two days before posting giving you three days to ring C1 or Debitas by the time their letter arrives the time scale has expired they turned up on my doorstep the day after receiving their letter, P2C's letterhead does not contain their telephone number only that of Debitas so there is no way of putting them off.

 

Beachy

Hi Beachy

So far so good!No doorstep calls yet from my friends Debitas! but plenty of phonecalls again! Our phone had bee reasonably quiet for a while but now Debitas on my case phone ringing again a lot!i refused to go their security details and she had the cheek to say she would ring every five minuted! LOL f she did that i would report her to the police!i am not going to worry to much about a possible visit from a Debitas agent!They will only be wasting their time and petrol!My OH does not answer the door and i work fulltime so a good chance they will no catch me at home and the door will be shut in their face if they do turn up!i feel sorry for them if they get my OH :-D as he know how to deal with unwanted visiters and they will get a mouthful!He might even start waving a baseball bat round!:-D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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This letter should be kept by the front door, in case anyone DOES come round.

 

Pass it out throught the letter box and tell the caller to leave.

 

Also, see here about recording calls - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=143

 

It would be good to get DCA threats and abuse on a recording to send to the appropriate authorities.

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Hello everyone, my first post but i thougt i'd add this info for everyone's Cap 1/Debitas/P2C problems. Received a letter off P2C (arrived after the deadline had expired) a couple of weeks ago. Sent off the home visit warning letter by recorded delivery and thought no more about it. However, got a card in the letter box from P2C on Wednesday, leaving a name and a number to call. Luckily no-one was it but my wife was understandably worried at being at home on her own if they visited again.

 

As the number left was a mobile i sent a text stating that any attempt to return to my property would result in the police being called. Received a call almost immediately from P2C. The woman i spoke to said they had no record of the warning letter i had sent (!) and that they can only go on what Debitas tell them which was that i had not been in contact. Explained i had a box full of letters (most sent Recorded) to prove otherwise. She was almost apologetic. But i did warn before the call was over that i would call the police if anyone from P2C set foot on my property again.

 

So while it's not nice having someone visit you home, my real anger is reserved for Debitas and i'm currently writing yet another massive letter of complaint.

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Hi Ernie and welcome to CAG.

 

Thanks for your input here.

 

If you want, please feel free to start your own thread in whatever forum.

 

:)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Confused or wot!

 

My OH account is in dispute as mine is, both of us are being treated the same, receiving the same letters etc etc.

 

OH received letter this morning stating 'Your account is now being dealt with by Capital One please continue to make payments until we can arrange a payment arrangement .... etc etc etc'.

 

Was with debitarse . . . So what's changed? haven't sent stroppy letters like I have been. 'CCA' same as post #1 - perhaps it's not enforceable after all!

 

BC

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I take it that debitarse can't write, looks like my account has also been passed back to Capone. Ms renshaw sent my a letter to remind me that she sees no harm in continuous telephone calling and to confirm that 'vee vil continue until you comply'. A well at least I have the name of the person who has authorized these calls. Also stated that they will not correspond in writing and the only way forward is for me to ring them. Still banging on about bank statements, wage slips tax returns & tax statements - BOG OFF, thats confidential & you ain't getting it!

 

Had a right to send p2c as I wouldn't phone them - pity I got proof of posting of the letters I'v been sending.

 

Looks like stalemate!

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Hi Beachy!

Sorry to hear that you still are being badly pestered by phonecalls and letters by Debitarse.They are really a joke.I never to my knowledge in spite of that threateinng letter got any agents visiting my home so far but my hubby ignores the door bell anyway so they would have been wasting their time!:DDebitarse has gone strangely quiet on my phone and i have not spoken on phone to them since over a week ago when one of their DCAs threatenend to phone me every five minutes until i gave her my security details and talked to her! LOL:(Perhaps Debitarse realised it was pretty bad behaviour even by their standards!and thought they had better not phone me so much! That would have been an interesting recording to play back to TS! or police!:DI think crapital one or Deitarse must realise they have not got a leg to stand on in my case! as they have not to date even come up with a signed application form let alone any signed enforceable CCA!Though they keep playing silly beggers and pretending they have!Keep your chin up and dont let them get you down!At least thanks to this wonderfuil site we are not alone and can fight these crap DCAs and give them a run for their money together!:D

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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However i meant to say have been getting a few silent calls which i wonder if they are debitarse!The number was 08004220280! :eek:Wonder if anyone on thread regonises this number?i dont want to ring it back!:eek:but could be another DCA !but can not help suspecting it may be Debitarse !I am thinking about posting it on Fuzzybobbles site and asking him to fuzzybobble it:Dif it turns out to be a DCA!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Yes that is Cap1/Debitas. They can call themselves whatever they wish, they aren't getting a penny more than I can afford.

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Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Morning All,

As Emma said that number is the one cap/debitas use, the other they use to bypass BT call blocker is 'unavailable out of area' this is their silent call maker (I've caught them out a couple of times - normally pick up the phone and wait for them to say something before telling them write only)

 

As I mentioned both our accounts seems to be back with capone now that the e.renshaw has posted letters to us , what she can't or won't accept is the fact that I am paying both acccounts until OH manages to get a job, until then they can take a hike, I'll pay what I can afford - nothing more!

 

Calls have dropped from about 8 to 2 or 3 a day since I sent a copy of a letter written to TS & our MP, if cap 1 think they havethe right to phone until I comply with their demands why the drop off in calls since they received that letter?

 

Beachy

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Hi Beachy and Emma

I found they ignore letters too!Before asking for a CCA i did write to them telling them i had fiancial difficulties and offering them a payment plan!of what i could afford and asking them to freeze interest and stop charges at least for a few months to help me get back on my feet but they did not even have the courtsey to reply and just sent me another statement with loads of interest and charges slapped on it and threats about being in arrears with them and still pestered me with phone calls at home and work even when i said i only wanted communication in writing when i talked to them on phone!so i went down the CCA route and now they getting nothing! :mad:

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I've sent letters to everyone they've thrown at me. They've ignored everything and keep sending me "Terms and Conditions" on a regular basis, even though they are pursuing me via NCO at the same time.

 

I've got NCO phoning daily after they didn't read my last letter properly and seem to think I was requesting a CCA from them and so wrote asking for a £1! F***wits. They keep asking on the phone what my dispute is, so I repeat "with Capital One" until they put the phone down. Winds them up a treat.

 

My only happy point is, apart from a fortune in paper, printer ink and postal/recorded delivery charges, I haven't paid Capital One in months and won't until they pull their fingers out, answer my questions, produce my paperwork and accept what I can afford.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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