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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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    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      OK.  It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times.
    • purple_rain
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By purple_rain · Posted

      @BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place.  I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on.  When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well.
    • purple_rain
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By purple_rain · Posted

      @dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there.
    • Hamz909
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      I have checked. No recording was triggered by the camera - I don't have loop recording, only proximity and vibration sensor triggered recording - abs and since he took photos from afar and did not physically touch my car - no recording was done. 
    • peterrabbit2020
      Andy Long GA Motors, was sold faulty car

      By peterrabbit2020 · Posted

      He also useing he girlfriend to phone and mesage people as well

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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.
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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Lloyds tsb cca request - my journey

angel_1

By angel_1
in Lloyds Bank

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MAN-IN-FINANCIAL-JUNGLE

MAN-IN-FINANCIAL-JUNGLE

Posted
Posted
hiya all

 

got an interesting letter from them today, that in view of current difficulties, me the world and its dog

 

made some changes to my cca agreement,

 

but i still have not had my cca, so going to now send the dispute letter and see what then happens.

 

has anyone else had similar??

 

ciao for now MAZ

------------------------------

Hi.

I am a new member and having similar problems with this unscrupulous bank. Have they said what changes have they made in your CCA ?

Secondly are they authorise to make any changes under the cca ?

I shall appreciate if you would elaborate in this matter.

Regards

Jungleman

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lexis200

lexis200

Posted
Posted

Hey angel:)

 

Just wondering if you had any other nastiness from them, other than telling you if you didn't pay they'd remove your payment plan 'privilege'?

 

I need to try and sort banks out sooner rather than later, but I've really been chickening out with Lloyds as my balance with them is massive. To date they've been pretty good with me (well, with the plan at least), but I need to clear this and do not/will not have the money to cover anything like all of it.

 

My aim is to offer them a f+f sometime next year, but I'm worried that if I go down the CCA route they'll start getting ancy and remove my payment plan as they've threatened to with you. I can't possibly afford the minimums (they were the bank that started the ball rolling on our financial mess, as they increased my interest to levels that were higher than my minimums! I always paid my minimums, and later found out this would have been why - they were trying to bleed me dry before dumping me:(), so I really need the plan to continue until I am in a position to make them an offer.

 

Have they threatened you with removal before your 2 months of non-payment, or was it just the usual threats and bull that we've grown to know and loathe?

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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underdog13

underdog13

Posted
Posted (edited)

Hi Lexis,

 

don't know if this helps, but I've been wrestling with Lloyds for a few months now.

 

I missed 3 or 4 payments and they defaulted me, terminated the account and set their solicitors on me. Thing is, they terminated while they were in default of my CCA request. They've had 3 months to respond, but have still failed to supply any agreement. Now could this have anything to do with the fact that the agreement I signed was for a mastercard and they swapped it to a visa; with no new agreements being signed?;)

Edited by underdog13
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Enron

Enron

Posted
Posted

If there is the text then they are able to vary the agreement under s82 CCA from memory.

 

However this does not affect the original agreement, in that if you request it under s78(1) CCA they have to supply a copy of the original executed agreement - under regulations they can omit name, address, signature and signature box.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Enron

Enron

Posted
Posted

Changing the cards from Visa to Mastercard would probably be considerred a variation, as long as a right to variation was in the original agreement they could argue that there was scope for it present in the original executed agreement.

 

That said you are entitled to a copy of the original executed agreement which you signed under s78 CCA, any problems in obtaining that get your local trading standards involved.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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lexis200

lexis200

Posted
Posted

If they haven't sent anything at all yet underdog it doesn't sound great for them either. 3/4 months should be enough to get their paperwork into a semblance of order shouldn't it?

 

I don't suppose you're in a position to offer them a small f+f on the back of no CCA are you? I know it's not the ideal, but my view now is I'd rather get rid of the debt and the stress for a small price, rather than drag it out in the hope of paying nothing.

 

Having said that I don't have a pot to p**s in at the moment so I can't do what I'm saying, but hopefully in the next few months...

 

Also - wouldn't defaulting whilst not having complied with a CCA request be a little bit like enforcement action? I mean, even Cabot (who I think rank in the top 3 of crappy DCA's on here) wrote to me and said that as they hadn't supplied any agreement as yet they'd hold any and all action on my account, as they were required to do - their words not mine!

  • Haha 1

Time flies like an arrow...

Fruit flies like a banana.

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underdog13

underdog13

Posted
Posted

Thanks, Lexis. Hope the delay is a good sign, but they did say that they are experiencing a big back log at the moment.

 

I'm not in a position to offer a full and final settlement either; lets hope next year brings an improvement in both our circumstances:)

 

I thought their defaulting and terminating while they were in default of CCA request was a good defence - x20 made some very good arguments for this, but others say only court action is enforcement:confused: Very good to know that even the awful cabot deem it to be enforcement.

 

Thanks Lexis, you've given me some hope again:D

 

Wishing everyone a happy, healthy, prosperous and victorious New Year!

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atwozee

atwozee

Posted
Posted
Changing the cards from Visa to Mastercard would probably be considerred a variation, as long as a right to variation was in the original agreement they could argue that there was scope for it present in the original executed agreement.

 

They might think they can do this but the CCA 1974 doesn’t allow it. The CCA 1974 prevents a creditor from opening and closing credit accounts at will and without proper consideration for the act.

 

To have a clause in an agreement to vary the terms of that agreement is one thing – to transfer a balance from one account to another without a signed agreement is quite another.

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underdog13

underdog13

Posted
Posted

:D:D:D Atwozee, I think I love you, lol. Was beginning to despair as all my defence arguments seemed to be unravelling one by one. Will have a much happier evening due to you and Lexis.

 

Boy do I need some R&R - only got 30 mins sleep last night, due to Naziwest closing my bank account with no warning or notification, no access to my money and mortgage due in days:eek: Only found out what they'd done when I tried to pay some money in online. Think that's sorted now though, thank God! They said they had done this as they wanted to get my attention!!!! Seriously, that's a direct quote. What do they do instead of saying excuse me? Poke someone in the eye with a sharp stick?

 

Parachute account set up and DDs will be transferred in new year - and Naziwest can foxtrot oscar:p

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citizenB

citizenB

Posted
Posted
:D:D:D Atwozee, I think I love you, lol. Was beginning to despair as all my defence arguments seemed to be unravelling one by one. Will have a much happier evening due to you and Lexis.

 

Boy do I need some R&R - only got 30 mins sleep last night, due to Naziwest closing my bank account with no warning or notification, no access to my money and mortgage due in days:eek: Only found out what they'd done when I tried to pay some money in online. Think that's sorted now though, thank God! They said they had done this as they wanted to get my attention!!!! Seriously, that's a direct quote. What do they do instead of saying excuse me? Poke someone in the eye with a sharp stick?

 

Parachute account set up and DDs will be transferred in new year - and Naziwest can foxtrot oscar:p

 

I would think you could have reason to complain to the FOS or FSA regarding that little tactic of theirs Underdog !. I believe they have to give you notice of closure.

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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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angel_1

angel_1

Posted
  • Author
Posted

hello everyone and a happy and lucky 2009 to us all

 

Im Back, sorry for my long delay got broadband cut off, another long story but now im back, oops deleted the wrong ddi online and it really gave me a fright no internet for over a week, i cant live without my cag site.lol

 

anyway i can see movements have been afoot on some of my threads, and ive leant a lot from your banter on here thanks to all

 

well to answer you all still no cca only letters advising me that yes my special privelege of paying them the amount will be withdrawn if i dont pay, but im not paying they have the backlog not me, and the account should be put on hold and no interest and charges be applied until they find my cca, so i think a nice letter needs to be posted to them tomorrow

 

any short sharp and direct ones available to poke them in the ribs to state the most obvious, the account is in dispute and you are to hold all action until you find and provide me with the copy of the original clear copy or next step will send to information commissioner for their intervention.

 

I might now also send a sars request will that be now a good idea??

 

your comments much appreciated

 

laters angel x8)

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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angel_1

angel_1

Posted
  • Author
Posted

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/175685-underdog-lloyds.html

 

the above is i believe your lloyds link was this the one you were trying to do for my thread underdog??

 

 

will go and have a gander now

 

laters angel x

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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citizenB

citizenB

Posted
Posted

Yep, that's the one angel: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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citizenB

citizenB

Posted
Posted
Thanks Angel - how did you do that? The link I mean.:)

 

 

Underdog, when you go to a particular thread you will see right at the very top of the screen the http:// address. You right click on that then highlight copy ion the drop down menu. Then go to wherever you want to post the link, click and paste.

 

If you want to link to a specific post, just click on the Number of that post, then again, right click on the http:// address at the top of the screen, highlight copy, go to wherever you want to pop the link, click and paste.

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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angel_1

angel_1

Posted
  • Author
Posted

:cool:ta muchly CB - you beat me to it, but your explanation spot on - laters angel x

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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