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    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
    • Pasco has recalled 104,000 packs of sliced bread after rat remains were found in at least two packs.View the full article
    • UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
    • Having looked through the paperwork, I note they have sent 3 seperate LBCs. Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited. In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. .  A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference. Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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Rob v Halifax


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Hi

 

Just recieved a letter from Halifax this morning claiming they do not accept any liability blah blah blah

 

But we will reimburse all of your money within the next 5 working days.:D

 

 

I WON YESSSSSSSSSSSSSSS

THANKYOU TO THE CAG WITHOUT YOU I WOULD NEVER HAVE TOOK HALIFAX TO COURT AND GOT ALL MY MONEY BACK SO THANKYOU.

ALSO CAN SOMEONE CHANGE THE TITLE TO WON THANKS

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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Congratulations Rob!

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Congrats Rob - they must have had their cheque-books out today as they settled with me too! Virtual bubbly all round! :O)

 

Lucy.

Lucycat vs. Halifax 13/9 - £4496.99 - WON!

 

Lucycat vs. MBNA (Alliance & Leicester) - 16/11 - Offer of £295 received - pursuing £575.

 

Lucycat vs. HSBC - 15/11 - MCOL filed - £1438 (& interest at 8% - another £392.49)

 

Lucycat vs. Capital One 15/11 - Offer of £136 received - pursuing £340.

 

Lucycat vs. Halifax - Mortgage ERC - 18/10 - LBA sent - £466.32.

 

Lucycat vs. Halifax - Mortgage Charges - 9/11 - D.P.A. Non-Compliance letter delivered.

 

Lucycat vs. LloydsTSB - Loan PPI - 5/10 - Statement received.

 

Lucycat vs. LloydsTSB - 20/10 - Prelim sent for £45 - returned undelivered, recipient has 'gone away'...! :o

 

* Lucycat vs. Carphone Warehouse - 13/11 - S.A.R. delivered. * Lucycat vs. Volkswagen Finance - 9/11 - S.A.R. delivered. * Lucycat vs. Barclaycard - 15/11 - S.A.R. sent out.

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congratulations Rob and thanks for the donation, can you also pm a mod please with the details so we can update the database

Thanks

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Well done Rob

 

Happy Days :)

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Congratulations Rob!!!!!!

They settled up with me too today......Great feeling!

The little man won today :D

Sent Data Protection Act Letter 06/06/2007

26/07/2006 Received 33 envelopes containing statements. (33 letters for a fiver .... bargain lol)

:o

27/07/2006 Sent Prelim Letter via email to halifax

10/08/2006 Received Halifax letter offering me £178.00 (goodwill gesture):rolleyes:

11/08/2006 Sent LBA letter out excepting goodwill gesture but not as final settlement. Persuing the rest in court.

01/09/2006 Taken the claim to County Court.

05/06/2006 Claim sent back by the courts... I hadn't put the court address in the top right hand corner :x Took it back to the court 06/09/2006 won't get issued until tomorrow ........... if I'm in luck!

08/09/2006 Received 2nd offer of £524.00. 09/09/2006 claim is served :D .

13/09/2006 I WON, I WON, I WON. Full monies paid back.

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Thanks everyone.

 

Quick question, When letting the court know they have paid in full do i click the admission box or do i let them know another way

 

cheers

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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