Jump to content
  • Tweets

  • Posts

    • Hi Everyone, hope you are all keeping well in this strange new era.   On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.   He paid for additional insurance along with the transportation of the item, to the tune of £128.75.   He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.   The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.   He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.   UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.   I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.   Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.   I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.   If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.   Thanks and kind regards   Mr B                 pox.pdf
    • From December, NS&I is phasing out posting warrants - a type of cheque - to winners. It instead wants bondholders to provide bank details so it can pay the money into their account. View the full article
    • Hi. As you can probably presume by the time this has been posted, I am annoyed. Long story cut short is we bought a new build, got a professional snagging company to come in and make a list of things that needed doing and am now still in the process of liaising with painters / electricans, etc. There has been significant disruption with arranging to be in to help guide the various workmen, etc, let alone the complexities of Covid to deal with as well as having two small children. Tonight we were up until quite late having to prepare things for a painter to come tomorrow to fix all the awful painting and marks on walls / poor finishes, etc. This has (and has had over the last few weeks) had a knock on effect with being tired, work being affected, let alone sooooo much time wasted on discussing the various elements with the developer (who hasn't argued with any of the painting, poor electrics, etc that has to be done). My question is has anyone ever claimed redress for all the wasted hours that have to be spent on doing things like this because a developer rushed to get a house ready on time?
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Rashley V's Westcott


Please note that this topic has not had any new posts for the last 4011 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Right, court rec'd acknowledgement of claim on Friday. No response to request for info from Westcot solicitors.

 

I assume, I give them enough time as stated in my letter (that which they are allowed by statute) and if nothing rec'd, submit a defence based on non-disclosure.

 

Is that about right

Link to post
Share on other sites
Right, court rec'd acknowledgement of claim on Friday. No response to request for info from Westcot solicitors.

 

I assume, I give them enough time as stated in my letter (that which they are allowed by statute) and if nothing rec'd, submit a defence based on non-disclosure.

 

Is that about right

 

That is exactly right. Browse through the forums and you'll find plenty of examples of holding defences. It shouldn't be too difficult to adapt one to suit your circumstances.

 

One factor I am picking up on is the need to include the paragraph stating that CCA 1974 and not the CCA 2006 is the relevant act very close to the top of the defence. There are far too many judges content to ignore unenforcability issues when the High Court case law is binding upon them.

 

Just a personal opinion.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

Link to post
Share on other sites
Me again !!

 

No word from solicitor so assume I should file a holding defence ASAP (deadline 19/10/2009)

 

Sound about right ?

 

That is exactly right. There are plenty of examples of holding defences on the CAG site, so do some research and put something together. It is much better if you understand what you are putting together, as you will have to argue your case in court.

 

Copying and pasting someone else's defence without understanding it is a big mistake.

 

If you need any help, we're always here.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

Link to post
Share on other sites

Hello Rashley.

I am not qualified to give advice, but you have my full support.

I have read on a previous post that clicking on the triangle alerts the site team that somebody needs help!!

Link to post
Share on other sites

That looks as though it will need very few amendments to be good to go. I would include the following paragraph in position 11 -

 

The Assignment

 

The defendant requires sight of the deed of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents, the defendant notes that if there are errors in the assignment it may be rendered ineffectual in law per W F Harrison and Co Ltd v Burke and another - 1956 2 All ER 169

 

Also, I have to question this - The letter you have posted in Post #19 says "Mr. R Ashley", yet point #9 of the Defence says ".....allow the Defendant to prepare her Defence". Something doesn't quite ring true there.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

Link to post
Share on other sites

Sorry for delay chaps, not been well.

 

Have added suggested paragraph in position 11 and decided that I am a man so changed all her to his. Look OK ?

 

How do I send this? Does it need to be on a court form or just in an envelope?

 

Does it say enough about charges so that I can at least discount them from the claim ?

 

Sorry, but only got about an hour to get to post !!!

 

Lady at court said I could file by fax, is that right ?

In my Defence 2.doc

Link to post
Share on other sites

There should be no need to chase up cpr request.

The request and non-compliance is stated in your defence.

 

Claimant will be made aware of your defence and I think has 28 days to respond.

If they fail to respond the Judge will most likely order a stay.

This can only be lifted by permission of the court and Claimant will have to apply.

 

If they carry on they will need to produce the documents under your cpr.

 

Do not chase for information as this is now with the court.

Just sit tight at the moment and wait to see if they respond.

 

Hopefully someone more knowledgeable will be along to advise further.

Link to post
Share on other sites
  • 3 weeks later...
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...