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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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    • dx100uk
      @shiply - courier has vanished with my items please help

      By dx100uk · Posted

      quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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      By BazzaS · Posted

      If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • HP Mum
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      By HP Mum · Posted

      Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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      my Leasehold/Freehold property and it's issues.

      By lolerz · Posted

      You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme

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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.

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      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.

Lame Reply To "Prove It" letter

dinklyink

By dinklyink
in General Debt Issues

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dinklyink

dinklyink

Posted
Posted

I sent a "prove it" letter to the bank that is chasing me for an overdraft. It took months but finally got a reply.

 

It consisted of Stating the amount I owe.

 

To me this seems very lame and doesn't prove a thing. But...

 

What should I do now?

 

Many thanks

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Is the account still open, what kind of account was it, are there any charges you could re-claim.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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dinklyink

dinklyink

Posted
  • Author
Posted

Scot thank you for the speedy reply.

 

I think the account is still open - though they've been chasing me to repay the overdraft for about 3 years now.

 

Every month my credit file also gets another black mark. So I guess it is open.

 

It was a student account.

 

From what I could tell when I was no longer able to pay it they added some charges and interest on to it - about £200 worth. They seem to have frozen it and the amount just stays the same nowadays.

 

Thanks for any advice/insight you may offer

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Find out exactly how much they have added in charges and proceed to claim them back.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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dinklyink

dinklyink

Posted
  • Author
Posted
Hi,

 

Find out exactly how much they have added in charges and proceed to claim them back.

 

Thanks, Scott.

 

Does this mean that I am basically accepting this debt is mine? It's only in the last few months they have tracked me down.

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

What Bank is it, have they not been sending you statements , is it in the hands of debt collectors ?

 

A bit more info would help ;)

 

If they are marking your credit file, looks like it's yours.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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dinklyink

dinklyink

Posted
  • Author
Posted
Hi,

What Bank is it, have they not been sending you statements , is it in the hands of debt collectors ?

 

A bit more info would help ;)

 

If they are marking your credit file, looks like it's yours.

 

Hi Scott

 

I'm trying to give the minimum information necessary as I know that the companies trawl forums such as these.

 

I am hesitant to state the name of the bank as I am unsure of it's relevance...?

 

The debt was in the hands of debt collectors, I sent them the 'prove it' letter, and the DCA now referred it back to the bank, from which I received a statement. I thought I was to be expecting some kind of credit agreement, something with a signature on... proving the debt?

 

Many thanks

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deathbycrayons

deathbycrayons

Posted
Posted

For an overdraft, there won't be a credit agreement as such. Your best bet is to send them a subject access request. It costs £10, but means they are obliged to send you every single bit of information they have about you relating to the account in the last 6 years. That will help you to identify how much you can claim back in charges, and while you are claiming back charges, the account goes into dispute untill the matter is settled. A subject access request allows them 40 days to comply.

If I have been helpful in any way, please tip my scales :lol:

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dinklyink

dinklyink

Posted
  • Author
Posted

thanks very much for this. Could you just tell me if what I think is right:

 

I think that there should be some signed agreement, or kind of contract. Should I be asking them to produce this, to prove I entered in to this contract with them?

 

Thanks

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deathbycrayons

deathbycrayons

Posted
Posted

It's not that simple with overdrafts. When you opened the bank account, there should be something with a signature on, but generally overdrafts require no agreement as such, therefore no signature.

  • Haha 1

If I have been helpful in any way, please tip my scales :lol:

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the aount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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deathbycrayons

deathbycrayons

Posted
Posted
Hi,

 

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the aount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

Regards.

 

Scott.

 

In this case they would have to supply that in a subject access request.

If I have been helpful in any way, please tip my scales :lol:

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maroondevo52

maroondevo52

Posted
Posted

Hi,DBC.

 

I would think so, have a look at Rory32's posts in this thread.......

 

He's a lot more clued up on it than me ;)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/31515-ccas-overdrafts.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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