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    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
    • Pasco has recalled 104,000 packs of sliced bread after rat remains were found in at least two packs.View the full article
    • UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
    • Having looked through the paperwork, I note they have sent 3 seperate LBCs. Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited. In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. .  A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference. Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help with MBNA CCA, please. - ***WRITTEN OFF***


Laura Cooke
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Hi Laura and sorry to hear about your leg.

 

You can either wait until you hear further from the court and see what they say.

 

Or you can approach the court pro-actively and say you want your case reviewed asap with a view to costs.

 

:)

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Thanks Mike, Slick didn`t charge for letter writing but did charge the hourly rate you mention Mike, seen loads of scheduled costs and most were like the one I have done but it might be excessive having said that being a LIP not knowing much is difficult to get the balance right I have been to the court twice with forms mind you that was there fault.

 

Slick this pro-active approach what would I do if I decide to go that route?

 

Hello guest

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Hi Laura,

 

Just speak to the court office and say pretty much what I said in my last post, ie you want to seek costs against the other party.

We could do with some help from you

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Thanks Slick just back from Hospital had my pot changed went for a rainbow coloured one to cheer me up said this type of break can take up to 12 weeks to heal so 6 weeks in pot then see me again, thanks for your advice will ring the court today when I`ve got my breath back:)

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If you're near Kent, I'll pop over and get it posted for you. ;)

:D

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Aah bless you no I`m about 300 miles from you lol daughter calls each day in her lunch hour she`ll post it, I`m humbled with the help on here and the help at home, I never realised so many people would come forward to help me at home, taking me to the hospital, fetching shopping it`s such a shame I have a car stuck here no driver and been told I may be in pot up to 12 weeks as it`s a break that doesn`t heal very well

 

Son gone home a while to sort his own place he as said he`ll stay for as long as I need him

 

It`s a nice feeling having so much support:D

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Thanks Dotty not seen any email facilities put in my letter my present situation to the court and that I am housebound I`m not feeling great in myself my pot feels extremely tight around the ankle I am sure this isn`t right rang my friend who is in same position she says to keep my leg elevated If I`m like this tomorrow I want to go to hospital and get the pot removed I can`t stand this strangulation feeling I can cope elsewhere on the leg and foot:)

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Aah thanks my Dear Dotty yes ours accepts fax as recently on another data access case I am dealing with the other sides solicitors sent a fax as soon as the date was up to deal with the N1

 

Us poor paupers have not got fax lol:)

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Hi Laura,

 

Just speak to the court office and say pretty much what I said in my last post, ie you want to seek costs against the other party.

 

 

Slick sent the court letter however today MBNA have wrote and offered half of the costs and want a letter of acceptance how do you deal with this at court does an official form have to be filled in to say they have offered some costs and should I respond to MBNA accepting as that is acceptable to me:)

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Hi Laura,

 

Are you happy to accept their offer of half of your costs.

 

If so, a simple letter back to them is all that is required:-

 

Dear sir or madam,

 

I refer to your letter of xxdate and can confirm that I am willing to accept your offer of £xxx in settlement of my costs.

 

On receipt of your payment by cheque/credit to my account (sort code xx xx xx and account no xxxx xxxx), I will inform the court that all outstanding issues have been resolved.

 

Yours faithfully,

 

:)

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Ignoring it sounds right to me.

 

:)

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Ignoring it sounds right to me.

 

:)

 

 

Ditto, just intimidation...... ignore it

My Posts exist exclusively to assist me in preparing litigation against another party.

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Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

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Hi Dotty removed it just the usual rubbish fed up of the leg having to stay in doors as it is on fire without sun on it can you believe it first time we get good weather which I love I`m in doors with air conditioning on

 

Son just called to stay he gone to a barbecue, other son has bouncy castle out and paddling pool for his children, daughter in Portugal and youngest daughter gone to fetch some shopping for me and me lying down watching TV

 

X ray Tuesday to see how the bone is knttting apparently a Jones fracture is poor to heal due to blood supply not getting through to the bone could be in cast 8-12 weeks I`ll go mad before then

 

Enjoy this lovely weather:D

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Hi Laura,

 

You could write to them again, enclosing a copy of your acceptance letter.

 

Tell them they should settle as agreed within 7 days or you'll contact the court to seek a formal remedy in this matter.

 

:)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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