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    • What advice would you give about Amex. Should i set up a payment plan directly with them or wait until they contact me. I have not had any letters from amex for 1 year and NCO have only contacted me in the last few weeks. Many thanks for your help. Just to mention my only income is the state pension.
    • Okay. Thanks. Nice piece of research. You should come and volunteer for us a bit if you get fed up with your day job stop The recipient is clearly in a position of trust. I wonder if he is self-employed or an employee. Let's assume that all of the consumables/perishables which were included in the parcel are no longer available. That leaves you with the WMF cutlery set which is presumably what you really want. I'm wondering whether you should start to correspond with him directly by letter to his home and also copies to his work address. I think if you made it plain that you know all about him and where he is and that you are prepared to escalate this matter even to the point that his employers might discover what has happened, you could find that there would be an agreement whereby he would return what is left of your parcel to DHL. You could then take up the question of the value of the missing items – the loss of which can clearly be compensated by a pecuniary award – with DHL. You wouldn't be able to guarantee success – but you could have some fun – and we would help you. If it failed then you could still proceed against DHL as I've already described. An advantage is that this approach really wouldn't cost you very much other than some damage to your Karma – but I dare say you could find some interesting outlet for that. It seems fairly clear that this person has acted with intent to deprive you of these items. Does that give you enough of the – grudge factor – to pursue this?  
    • If it's with debt recovery, you can ignore them. As we've said, you only respond to a Letter Before Claim/Action.   HB
    • Sorry I didn't mean to come across like that. My bad.  I definitely appreciate the time.  I will go through it again, but I have no documentation, no yellow slips, no letters, nothing.. all binned... Because as far as I am aware, these people write their own laws, so I write my own too, just tell them to f off.  I will read over them all but not sure how trying to clear up some ntk slips now will do anything, it's all been passed to debt recovery, I think anyway, because I never answer unknown calls.  Anyway sorry I have gone on... Maybe we should close this here. 
    • Conversion is a tort – and references to it are contained in the Torts (Interference with Goods) Act. Generally speaking if you sue in contract or negligence then you wouldn't be getting your goods back. You would simply be getting financial compensation. That's the way the courts work. The basic premise is that everything can be compensated by a payment of money. When we deal with special values such as sentimental/expectation losses then you have to reassess. However, if you are simply concerned with the replacement value then we would simply be talking about money. The idea of suing in any kind of tort whether it is the tort of conversion or the tort of negligence is to put you back into the position that you would have been if the tort had never occurred. Returning you to your pre-incident position is generally considered to be putting you into that position in terms of monetary value. So if you run into someone's car and cause £500 with the damage – then you are entitled to recover £500 and that puts you into the position you would have been if the accident never occurred. If you suffer the loss of something that has a particular value to you which may not be of value to anyone else – then things get much more complicated – especially if you're suing  in contract or in negligence because generally speaking remedies are assessed on a replacement market value.  A sentimental item may be worth very little on the market and couldn't be replaced simply by finding out the going rate on eBay or in the shops, for instance. If you are  suing in conversion then the natural remedy to be awarded by the courts is an order for the return of the items. Of course you face additional complications if the items have been sold on or damaged. I have to say it seems to me that you are better off not having your German chocolates. There are much better ones around – but that  is a matter for you. Of course, everything I said in my much earlier post about the disadvantages of suing the actual recipient still stand and in fact if you did sue that person, it would be in the tort of conversion. Basically you would be saying that that person has usurped the rights of owner. They have converted your property into their's. (We talking about ownership/title here). I hope you understand how messy it would be to have to sue the alleged tortfeasor in Liverpool and if you are simply prepared to go with replacement values – even if we can enhance the value because of the special value to you, by suing DHL – how much easier it would be. It's good news that DHL apparently carry items up to €500 – and also good news that the value wasn't declared. This means that they would not be able later on to try and argue that because the original contract with the sender was based on a £200 declared value – or a £200 German statutory maximum, that you wouldn't be entitled to claim anything more. We would have been able to overcome that – and of course at the end of the day if they put their hands up to £200 then they would be really stupid to start putting their heels in for an extra £ton. Of course I'm sure that you would like to go for the recipient. It would be very satisfying – but there would be considerable risk factors in terms of the economic risk  I have explained in my earlier post. It's up to you. We will help you do either – but if you want a quick resolution to this then as I have already said, DHL is your target. Of course you could then hope that DHL will challenge the recipient and attack them – but that will never happen. DHL want a quiet life and just get on with business and making money – which isn't altogether unreasonable. If you sued the recipient, then if you are able to establish dishonesty on their part then they could be a question of punitive damages – but I would have to look that up. I think we would then have to think about suing that person in trespass which carries with it the sense of not only having usurped rights of owner but also having delivered an insult to the true owner by deliberately interfering with their goods. You would have to establish the dishonesty of the recipient which would be another complicating factor – although the fact that you have attempted to contact them and they haven't responded and they have blocked your messages will be extremely helpful. Also if it came to court and they had to admit that they had eaten your dog treats and fed your German chocolates to the dog, it wouldn't go down well and the judge would be disposed to award you some punitive damages – but it probably wouldn't be more than 300 or 400 quid, I would have thought – and of course at the end of the day you still have all the problems of enforcement. I'm afraid people often know lots about their rights and about how to assert their rights – but they never think about enforcing their rights. You will find this to be the case where the you go to Resolver, or citizens advice – or most other agencies.  
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pegasus10

what to do when they dont reply to cca request

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hi all

 

title says it all really. what is the next step after you have sent a cca request and the 12+2 days has lapsed without any response?

 

thanks

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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i have one that has sent me nothing at all. then there is another that has sent me a statement but no contract. is it the same letter for both?

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Yes same for both. Are you sure what they have sent is Unenforceable maybe you should post it up removing all identifying bits and barcodes so it can be checked.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I sent off CCA to Lowells on 16th Nov, Today I got a reply saying,

Quote

"While we endevour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period."

 

I shall ignore their excuses, allow them the 12+2 days, then send follow on letter informing them the account will be in dispute.

If it was me being late with a payment, I couldn't see them being nice and allowing me any extra time.


Never mind, it could be raining!

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I sent off CCA to Lowells on 16th Nov, Today I got a reply saying,

Quote

"While we endevour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period."

 

I shall ignore their excuses, allow them the 12+2 days, then send follow on letter informing them the account will be in dispute.

If it was me being late with a payment, I couldn't see them being nice and allowing me any extra time.

 

 

exactly what we're doing , lowells amongst others had till the 19th to reply to the cca's, we have had some correspondence

 

see this thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/229212-6-cca-letters-ready.html

 

just got some letters ready telling them to do one now :D

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I sent off CCA to Lowells on 16th Nov, Today I got a reply saying,

Quote

"While we endevour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period."

 

I shall ignore their excuses, allow them the 12+2 days, then send follow on letter informing them the account will be in dispute.

If it was me being late with a payment, I couldn't see them being nice and allowing me any extra time.

 

dear sirs,

 

please take all the time you like but kindly note that after 12 days you will not be entitled to enforce the alleged agreement or add interest or charges to the account

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Ok, I gave them a chance to conform to my request, but apart from the letter mentioned above telling me they may need more time, I have had no other reply.

So, today I have sent off the follow up letter, from templates page, by recorded delivery, informing them the account is now in dispute.

I will post any further information regarding this request when, or if, I receive any.

They claim to "play by the rules", so I will follow suit, and "play by the rules".

 

BTW, Baahh Humbug, 'tis almost Crimbo!!:D


Never mind, it could be raining!

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You could always start banging your head into a brick wall, cos that's what it'll feel like whilst trying to get them to comply:rolleyes:


Time flies like an arrow...

Fruit flies like a banana.

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