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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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confusing catalogue response any help please?


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And did you ever get anything back from MOTO?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi

 

Sorry for delay not been very well just recently.

 

Simon Wolfson and also Next themselves advise they didnt receive the letter... I sent it recorded signed for delivery but it appears it wasnt tracked properly as there was no information for it. So I will have to send again.

 

No news from MOTO either, but they advise there is a backlog of work and it may be a few more weeks before they get to complaints sent in dated when mine was...

 

Bit disappointing really, but will get a letter sent in to Simon again, and send special delivery this time.

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Sorry to hear you've been under the weather.

 

Mum's been a bit rough here but she is coming through it ok.

 

That's a real pain. My first thought is they are stalling. (And the PO should be giving a piece of your mind when you are feeling up to it too.)

 

I guess it will have to be sent again to make sure. grrrr

 

Doesn't matter if you get anything back from MOTO really. Shows you've tried to resolve matters. That's the main thing.

 

The N1 form you mentioned is here once you need it:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=338

 

Once downloaded you should be able to type right into the form. (I can ok.) Just remember to save the finished form afterwards.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi Davey

 

Sorry to hear your mums been having a bit of a rough time lately. I hope she comes through it soon.

 

They could be stalling but I guess as I dont have any proof they received the letter I will have to send it out again...

 

Thank you very much for the link to the N1 form!!

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In reference to unsigned agreements (by the debtor) i found Muffintops reply from TS interesting.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184802-discussion-enforceability-agreements-12.html#post1996591

 

Particularly link 2, 2nd complete paragraph:

 

"Creditors should also not suggest that you have signed a credit agreement where they are unable to provide evidence to support this - to do so (is) could be a 'mis-leading action' under Regulation 5 of the Consumer Protection from Unfair Trading Regulations."

 

Might be using that quote myself sometime me thinks.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 1 month later...

Anything new on this one JB?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Well the MOTA complaint is still in a backdated queue. I did have a phone call from Next a while back in reference to the Wolfson letter advising they were going to make an offer. Nothing in writing though.

 

Was going to leave it a little longer and chase that up plus the MOTA complaint.

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Well the MOTA complaint is still in a backdated queue. I did have a phone call from Next a while back in reference to the Wolfson letter advising they were going to make an offer. Nothing in writing though.

 

Was going to leave it a little longer and chase that up plus the MOTA complaint.

 

Sounds rather promising. Even if it was verbal and not very sincere of them you could view that as a stalling tactic as they don't want you to issue an N1 and take them to Court.

 

I'd be inclined at some point to let them know that you need an answer as you are planning a Holiday at some point and require matters to be settled for, if you have to issue a Court Summons, you want to get the POC filled before you leave. :wink:

 

If they really don't play ball soon you are going to have to follow through with the threat and send off the LBA/N1.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 2 months later...

Anything come of that Next phonecall JB or was it just a bluff?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 3 weeks later...

Sorry for the delay, had some family issue that took the wind out of my sails...

 

I have had a further phone call, but not letter. They have made an offer which very nearly clears the balance. I would have to sign an agreement or something about this though.

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oh yes.. be careful about signing anything. Do what's right for you but read the small print (post it up here for folks to check out) as they are slippery devils and you want any offers to be water tight.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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