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    • Notice Before Action Dear Sir/madam You have lost the following items. 1)      P2G72688861 2)      P2G73791631 3)      P2G74330511 I understand you eventually accepted liability for these lost items and have agreed to reimburse the postage costs but not the values. You suggest this is due to my failing to take out additional insurance.   I am not prepared to accept your position and shall be issuing a summons on 18th August for £180, should you choose not to reimburse the values allocated to the items you have lost. In particular: Item 1) This parcel was damaged by your courier and rejected by the addressee. It appears rather than return the parcel and contents to me, your courier decided to throw the item away. Thus the item has become lost, and therefore (due to my not paying extra for insurance against loss), you have chosen not to compensate. Do you seriously expect to ‘lose’ an item on purpose by throwing it away, and then claim it has been lost and therefore not covered? Item 2) This parcel was lost and I made a claim. During the period of claim, the parcel was found and began to track. Ultimately being delivered (according to an email to the addressee, at 1.41 am 19 July 2020). Clearly the parcel was not delivered at such a time. You have subsequently suggested delivery was at a different time. Despite these suggestions of proper delivery, you have been unable to prove delivery at all, the addressee has confirmed he has not received the item and you have accepted the item is lost.  I do not accept you can be so careless as to lose an item twice. When I purchased this sending through P2G, I selected Parcelforce 48 as the courier. This service has a compensation value of up to £100 for loss. This is why I selected them. It appears however, you chose not to purchase this service from Parcelforce, but an alternative service purporting to be Parcelforce 48, but excluding the standard compensation.  This is not what I had purchased. I do not accept your claim that I should have paid extra for insurance for you to insure, when I had already purchased a service which carried automatic insurance. Further, the service was supposed to be a 48 hour service. The parcel was not collected within the 48 hour period, let alone delivered within it.  I consider the delays in ensuring delivery within the expected timeframe would have contributed to the loss of this item. I hold you responsible for the loss.   Item 3) This item was also subject to a claim for loss. During your investigations, this item was also found and started to track. Messages advising  "Enquiry resolved", "INT Hold" and "Out for delivery”, suggest the item had eventually been found. I do not accept you can be so careless as to find a lost item and subsequently lose it again, regardless of whether I had purchased additional insured. Indeed, the option to purchase such insurance was not available as the item appears to have been excluded from such insurance.   Yours faithfully
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    • Hi. DX, I'm not at home and relying on a photo of the document which states: Prior to the hearing the parties are expected to liase to agree the key documets required by the judge essential for that hearing. In default of agreement the parties may identify their own key documents but will need to justify the absence of agreement to the judge, who may make costs orders consqeuent upon the failure to agree.  
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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Nick W

How long should company keep app form?

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Hi

 

I have a quick question. I have put in a request under DPA for a SAR to a company that offers rewards.

 

I signed up with them to collect points in 1992. Although the account is still in use they said that they no longer have the original application form on their archive.

 

For clarity, they are not providing credit, I earn rewad points which I can redeem against items.

 

How long are they suppose to keep my application form for, given the account is still active?

 

Thanks

 

NIck

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I am confused as to the importance of the application form.

 

Surely the Agreement is more important?

 

GK

 

BTW this will bump you up

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Yes, sorry the agreement.

 

I need the agreement (I signed) for the reward scheme.

 

Are they required to keep the agreement for the life of the time I am a member?

 

I am after the orginal agreement - not the one which has been updated over time.

 

Thanks!

 

Nick

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Can anyone help?

 

Thanks

 

Nick

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This may help...although bear in mind its directly related to financial agreements ala CCA's.

 

…….the need to preserve statutory documents :

 

 

Document Retention

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

As a Credit Card agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally and most importantly in my view, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

 

S.


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