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      Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
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    • timiny74
      Evri lost delivery of laptop

      By timiny74 · Posted

      Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • FTMDave
      CPM/BW ANPR PCN Claimform - The Collective London Nw10 6Ff

      By FTMDave · Posted

      The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • belleofstmark
      CPM/BW ANPR PCN Claimform - The Collective London Nw10 6Ff

      By belleofstmark · Posted

      Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CCA request

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bobdauilda

bobdauilda

Posted
Posted (edited)

I have received a letter back from the Yankbank regarding my CCA request and all they have sent is a copy of the original application form, on the back of which is printed the 'conditions of use' of such card together with a copy of the current T&Cs but no copy of the original T&Cs.

 

Can anyone tell me what I should do next?

 

Dotty has had similar problems and I think she sent a letter saying that the company had not sent a copy of the 'executed credit agreement' which is what a CCA request is for. So am I right in thinking that a copy of the signed 'Application form' is not sufficient as a true copy of the 'executed credit agreement'? If so, how do they differ? Should I send a letter of dispute regarding the account now or do I have to give them another 12+2 days to comply correctly?

TIA

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nick20045

nick20045

Posted
Posted (edited)
I have received a letter back from the Yankbank regarding my CCA request and all they have sent is a copy of the original application form, on the back of which is printed the 'conditions of use' of such card together with a copy of the current T&Cs but no copy of the original T&Cs.

 

Dotty has had similar problems and I think she sent a letter saying that the company had not sent a copy of the 'executed credit agreement' which is what a CCA request is for. So am I right in thinking that a copy of the signed 'Application form' is not sufficient as a true copy of the 'executed credit agreement'? If so, how do they differ? Should I send a letter of dispute regarding the account now or do I have to give them another 12+2 days to comply correctly? If the original 12 +2 have past then send a letter of dispute.

TIA

Read the application form. Does it say things like "We can refuse your application"? Does it say things like "Application form for credit"?

 

An application form is not an agreement. It is a form where you fill in information to apply for something. Also for an agreement (somebody correct me if I am wrong) to be valid it has to talk about APR and has to show what credit limit you have.

 

I would take the template "letter of dispute" and amend it slightly to add that an application form is not a true copy of an executed agreement and put the account into dispute.

 

BUT REMEMBER.......... it can be in dispute but IF they send a copy of the agreement then it COMES OFF the dispute.

Edited by nick20045

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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bobdauilda

bobdauilda

Posted
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Posted (edited)

Thanks Nick your help is much appreciated. I have attached the scanned copies of their so called 'CCA' for you to look at. They have also enclosed an up to date T&Cs separately. They are still in the 12+2 limit so should I wait until this is up before I send a modified letter in dispute then?

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

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nick20045

nick20045

Posted
Posted

IF it was to (let us say) go in front of a Judge it will look better if you write before. This will show that you assisted the bank in your querie.

 

Personally I would write to the bank. I will tell them that you requested a true copy of the agreement not the application form and that is what they have to send you. Also (do not forget every week has 2 days weekend plus it takes a day in the post so effectively you are only giving 4 days) I would tell them that in order to assist, the 12 + 2 days run out on the xx/xx/2010 and I am extending that date by 7 days.

 

The reason is, once again, IF it was to go in front of a Judge you were lenient and tried to assist. Goes in your favour.

 

As to the uploads I have tried to read them but even downloading a copy and enlarging it I still cannot read them.

 

The front part refers to Data Protection. It depends what it says you authorise them to do with your data. e.g. They can use it to market products. They can use it for administration.

 

This depends a lot on what is written. If we take the first example then, by rights if you default and let us say it goes against you in court, they cannot sell the debt to a DCA because you never gave them that right. Same for administration. They CAN authorise a DCA to administer the account BUT they cannot sell it. (So it becomes another loophole in your favour). Administer means "to manage" but does not mean to "Assign or sell". ;)

 

But the second page, I cannot read anything except for the headings so I cannot say anything. Maybe somebody with better eyesight then me can help.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Dotty50

Dotty50

Posted
Posted

Hi Bob,

 

I was posting on the F & F thread and realised that was started by Fred oops, mustn't highjack that!

 

Well you have received more than anything they have sent me, still not had a sausage on the one MBNA CC and only a tear off slip for the other.

 

I have also had a letter today advising that my personal details may have been breeched ........but I can call them...............not sure if it is another one of their tactics to speak to me, so not planning on calling.

 

And most importantly.... ............. a good sob relieves a lot of tension but keep smiling...............takes less effort.:)

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bobdauilda

bobdauilda

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IF it was to (let us say) go in front of a Judge it will look better if you write before. This will show that you assisted the bank in your querie.

 

Personally I would write to the bank. I will tell them that you requested a true copy of the agreement not the application form and that is what they have to send you. Also (do not forget every week has 2 days weekend plus it takes a day in the post so effectively you are only giving 4 days) I would tell them that in order to assist, the 12 + 2 days run out on the xx/xx/2010 and I am extending that date by 7 days.

 

The reason is, once again, IF it was to go in front of a Judge you were lenient and tried to assist. Goes in your favour.

 

As to the uploads I have tried to read them but even downloading a copy and enlarging it I still cannot read them.

 

The front part refers to Data Protection. It depends what it says you authorise them to do with your data. e.g. They can use it to market products. They can use it for administration.

 

This depends a lot on what is written. If we take the first example then, by rights if you default and let us say it goes against you in court, they cannot sell the debt to a DCA because you never gave them that right. Same for administration. They CAN authorise a DCA to administer the account BUT they cannot sell it. (So it becomes another loophole in your favour). Administer means "to manage" but does not mean to "Assign or sell". ;)

 

But the second page, I cannot read anything except for the headings so I cannot say anything. Maybe somebody with better eyesight then me can help.

 

Thanks again- what site do you recommend to host the images so that they can be read clearly? This forum only allows very small uploads to it and will lose resolution on enlarging...

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nick20045

nick20045

Posted
Posted

 

I have also had a letter today advising that my personal details may have been breeched ........but I can call them...............not sure if it is another one of their tactics to speak to me, so not planning on calling.

Nah! Do not call them. Get it in writing that hopefully you can sue them for damages. ;);)

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted
Nick, Do you want to borrow my glasses? :D

Thanks for the offer but I have to decline. You have already told me that "You like to collect" and I do not like issuing IOUs even though you said you accept them. :D:D

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted

Well have read them and to me it looks ok except I do not like to read the words "Application form". But then again on the right hand side at the top it says "Credit agreement".

 

I am not an expert in discecting agreements/application forms and neither do I purport to be but, I do notice that there is:

 

1: No signature from anybody from the bank and

2: No amount of credit they gave you declared.

 

Now as far as I know (somebody correct me if I am wrong) for a contract to be binding it must be:

 

a: Signed by both parties and

b: Must show what you are getting for that signature and not just how much interest you are going to pay and what penalties they charge.

 

Maybe somebody can confirm or correct me on this????????

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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bobdauilda

bobdauilda

Posted
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Posted (edited)
Well have read them and to me it looks ok except I do not like to read the words "Application form". But then again on the right hand side at the top it says "Credit agreement".

 

 

when you say 'looks ok' do you mean its possibly enforceable?

 

There appears to be an indistinct signature type stamp going across the 'additional cardholder ' box... is that valid?

Edited by bobdauilda
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Dotty50

Dotty50

Posted
Posted (edited)

On the first image in post 3, half way down the front, it looks as though it has been 'stamped' with a signature. I have seen this on a lot on others and I am sure I have read that this is considered to be executed.

 

In my experience, there was (and still is in the agreements I have access to) always a box for the creditor to sign and date, we never used stamps it would not have been compliant. I have not been in the industry for some time though now, so this may have changed.

 

Amount of credit should be there too, I believe.

Edited by Dotty50
missed word needed my glasses!
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nick20045

nick20045

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Posted

I agree with Dotty. As far as I know (once again maybe somebody can confirm this) there should be a box for the signature and a date box. Fair enough might use a stamp in the box but it should be there. Also, the date will confirm when the agreement became binding.

 

One other thing: General vii. Be careful of that one. It means they can sell the debt and register a default on your credit reference.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted
They will do that anyway, irrespective of them having an enforcible agreement, Virgin MBNA just sold mine. :rolleyes:

In the above copy it says they can assign to third parties. If it does not say that then you can challenge the fact that they passed on your personal data to a third party without your consent.

 

Have you had a DN issued re yours? Also have you had an NOA issued? Might be a way to challenge yours. Also, both of you :D:D have a good read of http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case-58.html

 

go to post 1142

 

some very good reading as may apply to you especially re the PPI (if you had any sold to you) and the interesting parts also start from part 35 on the judgement. (Might possibly apply to you). If there has been an Unfair relationship you can use that. Do not just bet everything on the Consumer Credit Act.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted

a: In post #18 you asked me to edit and then you will edit your post. You have still left the information you asked me to edit in your post. (The part not in black).

 

b: When you say in my second post, I take it you mean whether you should wait until the 12 + 2 days are over whether to put in dispute and then tell them. I would still say you should write before you put into dispute. Asking a question or querying something shows you were exercising your right to knowledge.

 

What you have to consider is that a lot of Judges look at making a s.78 application as "I want to try and get out of paying". Sending a letter of query shows you did not just "go for a dispute but you asked and when not satisfied you put it in dispute". Shows better in a Court.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted

Done. Kindly confirm I understood correctly.

 

Also have a read of http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

You should have a good idea when checking the application form/aggreement.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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