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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen.   DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free. 
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Welcome Finance Secured Loan Nightmare


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No. I have a secured loan of £24000 and have not paid them since Aug 2009 and will not pay them another penny until all of my complaints are resolved with my contract. I do not get involved in threats or bullying from them and just tell them what I want them to hear and then end the call politely. I am the customer and if all was well I would gladly pay but the fact is I have had many unlawful charges added to my account and until they sort that out. Account in dispute !!!

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Yeah I intend on doing the same, your case sounds similar to mine, have you found the FOS helpful?

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Yeah Bebo. Very. I have a lady called Helen Hunter dealing with my complaint and have had regular contact with her via email. She always responds and seems very thorough. I have a lot of confidence in them and I am sure they will sort the problems in time. I am in no hurry as I just simply tell Welcome that they are dealing with the F.O.S. now and not me.. I know it can be difficult talking to Welcome and in the past I have written myself a little script before I call them but it does help and I have found that if I call them first and tell them what is happening they tend to leave me alone. If they start threatening and bullying then I just tell them the account is in dispute end of !! And I have just called to update them out of good will.

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thats reassuring to hear ive heard mixed things about the FOS, they dont call me anymore think the branch is shutting down :), they just send me silly letters, I know what you mean though they can be intimidating, I dont think any of them have had proper financial training

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Have faith Bebo and dont be bullied. At the end of the day Welcome have a code of practice they are supposed to stick to so dont let them cross the line... I am sure the F.O.S. will be as fair as they can be so just be patient and try not to worry. Good luck...

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Recieved a questionaire as regards to the PPI part of my claim, wanting more information etc. Checked with the FOS they Dias this is normal procedure and I must fill it in. Anyone else had one??

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hey ozzy, I was mis-sold it basically because I was informed by the branch manager that I would only get accepted for the loan if I took PPI, The PPI wasnt needed as I was with a good company with good benefits and paid full sick pay, my partner was also in full time employment. Thanks Ozzy for your help.

As always please check and double check what myself and other Caggers inform.

 

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it also says in the letter that whilst my compaint is on going I must pay my contractual payments, is that correct when the account is in dispute?

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Ive got 3 at the minute, 1) Incorrect figures (kindy pointed out by yourself), 2) Mif and acceptence fee (wasnt made fully aware) 3) Mis-sold PPI.

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Okies here was my exact response. but I must advise this was my response based on my claim and I do not know if it was right or wrong so your choice how you do yours.

 

 

1) Why do you now believe PPI policy is now not suitable for your needs.

 

Please refer to page one question one as not enough space to write here.

2) at the time you bought the ppi were you in paid employment.

 

Please refer to question one page one as not relevent to my complaint.

3) has the nature of your employment changed since you bought the ppi.

 

Please refer to question one page one as not relevent to my complaint.

4) was your job secure, was their risk of losing your job.

 

Please refer to question one page one as not relevent to my complaint.

 

5) when you bought the policy were you in good health.

 

Please refer to question one page one as not relevent to my complaint.

 

6) how long would your income of lasted if you had lost your job.

 

Please refer to question one page one as not relevent to my complaint.

 

7) how long would your income of have continued if you had been unable to work due to accident or sickness.

 

Please refer to question one page one as not relevent to my complaint.

 

8 ) at the time you bought the police did you have anyone who was financially dependant on you.

 

Please refer to question one page one as not relevent to my complaint.

 

9) at the time you bought the policy did you have any other policy that protected your income in event of sickness or accident.

 

Please refer to question one page one as not relevent to my complaint.

 

10) any other comments to support your claim.

 

Please see page one question ten as not enough space to write here.

 

................................................................................

 

seperate letter.

 

 

Response to question one.

I was informed by your agent that my loan would not be accepted unless I took out the payment protection insurances. I have subsequently discovered that all insurances should be optional; I was NEVER given any option to take the loan without the insurances and was never provided with a comparative quote for the loans without the insurance premiums attached.

 

 

Response to question ten.

Both my wife and myself were explicitly informed by your sales agent that we would not in any circumstances qualify for the loan without insurances attached as we were “bad creditors”.

This I now know to be incorrect and feel you have created an unfair relationship due to the fact that the attached insurances are supposed to be optional.

Quite simply we were never given the option of taking out the loan with no insurances attached, the insurances themselves were not fully explained (Other than they were a necessity) and therefore were not sold following an accurate analysis of whether or not we required said cover and therefore were missold.

Therefore questions 2-9 on your questionnaire are not applicable to be answered, there was no investigation at the time of the loans as to these circumstances and the suitability of the cover and looking back in hindsight on these would only cloud current matters.

Put simply it is irrelevant as to whether or not policies may have benefited me as the option to take these out was never presented and I was misinformed that they were in fact compulsory after later discovering that they were optional. My circumstances were not considered at the time of applying these policies to my loans; therefore play no part in assessing mis-selling after the event. I was told that I had to take out the insurance to get the loan and so was misinformed and would like this resolving immediately.

 

 

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Ozzy your a genius!! thats what I wanted to write but didnt know how to word it. would you mind having another look at the figures on my CCA when you got a minute, I cant work out how they have got the figure in box O ?, the APR seems out to me. once again thankyou this is very much appreciated.

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This was my initial working out of your figures

 

Your loan is £14,776.85 over 120 months at 27.5% apr

 

thats a monthly repayment of £331.40

interest £24,991.80

total payable £39,768.65

 

Insurance

 

Insurance £3815.05 over 120 months at 27.5% apr

 

interest £6,452.32

monthly payment £85.56

total payable £10,267.37

 

total interest is £31,444.12 plus loan of £14,776.85 is 46,220.97 plus insurance is total amount repayable 50,036.02 ok sorry still not finished we now add the acceptance fee of 235 and the MIF of 1625.45 to give grand total of 51,896.47 divide by 120 to give a monthly figure of £432.47 . . this is a huge loan and welcome are seriously out on their figures as paying welcome their monthly figure would leave you to pay at end of contract an amount of no less than 1833.67.

 

 

in figure o they have attempted to calculate the 18591.90 which is insurances added to actual loan by 27.5% and came up with figure of interest being 29610.17 but the true interest is £31,444.12 . your right no matter how you do it, you do not get their figure.

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Ozzy thank you its been driving me mad, just needed it confirming...your a star. thankyou

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Yeah Mark I had a few beers haha..... its the only time I can write letters too rofl.

 

I seem to write better letters when alcohol has been consumed too hmm wonder why this is lol

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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One thing for us all, by claiming this money back would that then mean that there is no breach of prescribed term - and no unenforceability????

 

I would personally, go for unenforceability, let them keep the money!!!

 

 

I borrowed this from another thread, Yes ems its one of your post.

 

Would this also apply to my agreement.

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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