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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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    • SOD'EM
      Virgin Media playing Games.

      By SOD'EM · Posted

      Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option to call them. Why can't they just be straightforward with their Communications. Is there any other option other than calling them?   TIA.
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • pralink
      PRA Group Claimform - old Barclaycard

      By pralink · Posted

      Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • aries18pk
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      By aries18pk · Posted

      Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  
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      US elections November 2024 [amended 18/04/24 - HB]

      By dx100uk · Posted

      wrong!!  

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.  

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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.
      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
        • Like
      BankFodder

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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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I think I may have annoyed Mercers a little!

jdmgraphix

By jdmgraphix
in Debt Collection Agencies

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workaholic duck

workaholic duck

Posted
Posted

This is a case of all of us naively assuming big companies work within the law.

I haven't actually got a thread of my own, jdmgraphix, joined in with gardengal, because we both had pre-1974 BC's without agreements in line with CCA1974.

Loads of advice on here and I've just read, sent appropriate letters and filed all their assortment of replies (with envelopes), threats, illegal default notice, logged all calls (never speak). Building up every bit of evidence to show the courts if I decide to take it there (or if they are stupid enough to take me).

It's only a small debt so I can afford to bide my time, waiting for them to get caught. Your discovery is priceless, though!! Wonder if more of us should complain to CH? Would it help? We have a guest arrived.....

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Seminole

Seminole

Posted
Posted
Nothing from Companies house so far....

 

Do you think i should e-mail them and ask how it is going?

 

I'd give them a week to deal with this. They will no doubt be making enquries with Barclays.

 

Does anyone have a document from Mercers or Barclays dated before 1 January 2009 asking for payments to be made to Mercers Debt Collection Limited?

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workaholic duck

workaholic duck

Posted
Posted

2 months on...Mercers, to Calders, now Westcot (at the exact time I gave them the 7 day final notice to supply SAR's in full!!). So far, I have put the a/c in dispute after CCA request/fee, refused to pay, sent them 2 CPR letters, SAR letter/fee, which only produced statements. Last week sent the LBA to which I got this (old pre 1974 a/c) passed to Westcot - who then sent me a bully boy letter threatening usual stuff.

 

In addition, a 'polite' letter from B'card relating to my new(er) a/c, with ref. to my CCA request (re-iterating why they don't have to send me one) and ref. to my CPR letter, saying they don't have to supply anything in my case!! No mention of data, which is what the letter was for....

 

I've read so much on these forums and thought I'd done everything in the right order - I have a massive file with everything kept, dates, phone logs, copies of all letters/envelopes. The DCA call every day but I just log it, NEVER answer.

 

Please can someone help with my next step?? I think it's time to act but do I tackle B'card head on or just take it to court? Should I first report them to the ICO, FSA etc. to show the courts I have done ALL I can?

 

I know they won't have an agreement for the oldest card(pre-1974) but the newer one was opened in 2003. They sent me statements from the beginning - very few charges on that one - but I am paying an agreed lower amount each month for a tiny interest charge, so don't want to upset them too much. At least that balance is reducing. I was able to negotiate because they closed that a/c without explanation, which made me cross, so I pleaded poverty and they agreed to half the min pmt + 0.25% int. But now, I suspect there is NO agreement for this one by the way they are reacting....?? Wonder if that's why they closed the a/c 'at random' (which was their explanation at the time).

 

Going back to the oldest a/c (in dispute, with DCA, no payment since last April) I did a charge schedule, with interest, which comes to pretty much the same as the 'alleged' debt. We're only talking 1k here, but over half are for £12, can I still claim these? There seems to be uncertainty here.

 

So, I feel I have several modes of ammunition but i really need someone cleverer than me to help put them in order, please!!!

 

I know B'card are the toughest. Lloyds were lambs in comparison - SAR's complete with statements, personal details, phone logs - everything, all sent by carrier within 40 days. So, why can't B'card do it??? Also, Santander (GE money) have just ignored my SAR letter, not cashed my cheque, not responded to my LBA!!! Their time is definitely up but that's another thread.

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surprise

surprise

Posted
Posted

Post #28 - I have letters in 2007 and 2008 from Mercers and they ask for payments to be made at either a Barclays Bank, visit their website or send a cheque with barclay account number on reverse doesn't say who to make the cheque out to.

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