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    • Hello everyone,   I found this website yesterday as I am looking to make a claim against UPS or Packlink due to damaging an eBay item I sent using their service.   I payed for their fully compensated service that covers against loss and damage. The item was sold through eBay (I'm a private seller) so the contents and cost of item were all declared.   The item in question is a five piece Le Creuset set with wooden stand. The item arrived badly damaged; the wooden frame was smashed apart, 2 of the pans have cracks, the other 3 all have some sort of chip or scratches. This is the eBay listing for the item - https://www.ebay.co.uk/itm/124980052958   As you can see the items were all in perfect condition; basically brand new. All items were heavily bubble wrapped, with packing paper stuffed to fill in the gaps to ensure there was no movement. As this came with the original box, all items were put in that and then placed in a secondary, double walled box. The only way this could have been damaged is either being thrown with force, or dropped from a height. Either way, negligence on the couriers behalf.     Timeline of events -    4th November / 12.54pm  - dropped off at UPS drop off point 5th November / 9.39am - delivered to the buyer (he messaged me within an hour of receiving it, along with pictures of the damage)   8th November - claim opened on the Packlink website (I had to wait a few days for the buyer to send me more photos for the Packlink website as he was away)   8th November - 27th November - I have been messaging back and forth with Packlink and to be honest they are useless. I am very lucky that the buyer is a patient and helpful person as he has had to jump through hoops with the photos he's had to provide. Packlink told me that UPS would be in touch with the buyer as they need to collect the item from him in order to take it away and inspect it. UPS have not contacted him or me once and the item has still not been collected from the buyer.   I have been trying to keep the ball rolling by messaging them every few days and the response is always along the lines of 'we're waiting on UPS'. As of today Packlink have not messaged me back since the 22nd.     From reading some of the other posts on these boards I can see that chasing Packlink is probably not the thing to do and that I should look to UPS for the compensation instead. I have a few questions before moving forward -   - From initiating the claim it's been almost 3 weeks; have I given them enough time to sort this out?   - Am I safe to refund the buyer and have him send the item back to me? As Packlink have said that UPS will need to collect and inspect the item, I don't want to void any chance I have at getting my money back   I'm not sure on how to move forward regarding the direct UPS claim so any advice would be much appreciated.   If I've missed anything out please let me know and I will supply the needed information.     Thanks for your help,   Jack
    • was proper winter wonderland - but all being washed away by drizzle and wind now  
    • So Johnson's latest missive to Macron, published online before Macron saw it, has possibly had the opposite effect of what was intended [unsurprisingly] and Patel has been disinvited to the ministerial meeting on borders and migrants in Calais tomorrow.   One of the things the French are particularly not happy about is that Johnson wants to send back to France anyone who lands in Britain from a small boat, as he seems to want to brand them all 'illegal'.   Can someone explain to me why the French would want to do this? Many asylum applications are accepted, but a lot of the people crossing are doing it because there aren't legal routes for them.
    • Good morning.   Couple of things  here.    1. Kwik Fits own MOT inspection revealed that the tyres were in line with motoring law and the Government guidelines - the previous tyres obviously me with all  standards for safety and the law.  2. Kwik fit obviously apply a 'best practice' standard which is clearly higher than the legal requirement and indeed makes sense. The law is of course a minimum legal  requirement and of course to be well above the law and to make sure you are safer than just safe makes sense for those that understand these things.    Were the removed items offered back to your mother. The return of parts of is a default option in order to provide the chance of second inspection and to allow the risk of independent inspection - therefore making sure that only parts that needed replacement were actually replaced.It is still common practice, not sure about KF   it does sound like your mother was put under a good deal of pressure, something that all Kwik Fit staff are trained to do - sell/upsell I was one of the first managers to go through their new training programme as a manager (1980 - 81) having previously worked for Euro Exhaust - and having never used once since, nor would I.    I would be inclined to ask them for the evidence that these tyres needed replacing,  ask them why it was not explained about their own higher standards for tyres, and put it to them that they have taken advantage of an elderly member of the public but don't threaten anything.     All of this  is pointing to an oversell to an elderly woman - an easy mark in my opinion.     There is also the issue of their own guidance- they recommend inspection at least every five years!    From their website.  How long do tyres last? There is no standard rule for how long tyres should last before they need replacing. Generally, it is recommended that front tyres should last for approximately 20,000 miles and rear tyres should last 40,000. However, many factors influence the rate at which tyres degrade; including driving conditions, weight carried, and driving habits. Fast driving and harsh weather conditions can lead your tyres to deteriorate much faster. At Kwik Fit, we recommend that you have your tyres professionally checked at least once every 5 years. If you think your tyres are getting close to needing replacements , or even just for peace of mind, why not bring your tyres in to Kwik Fit for a free tyre check."   I hope that helps.   
    • Yes snowing here near Bristol, but not settling yet.    
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please can someone help me figure out if welcomes figures are correct?


donkey123
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there's something fishy about their figures but I'm no mathematician, so wondered if some kind soul will help?

 

a) Amount used to settle existing loan agreement £771.10

b) Amount of new cash advanced £2028.90

c) Medicare 24 £200 (which i was told i needed to get to get the loan in the first place)

d) lifecare 24 £0

e) homecare 24 £0

f) collision call £0

g) other £0

 

h) Optional payment protection insurance £819.25 (which i was told i needed to get to get the loan in the first place)

i) Amount of credit (a+b+c+d+e+f+g+h) £3819.25

j) Acceptance Fee £75

 

(they seem to have added this to total amount of loan and not total credit part i) can they do this as presumably they are getting interest on the acceptance fee which wasn't in the total amount of credit but added to the total amount of loan?) I'm confused!

 

k) Total amount of loan £3894.25

 

this next part i can't seem to work out the same figures, can you check and see if its correct please?

 

Amount of monthly payment £158.98

APR 32.50 %

Rate of interest 2.25 % a month

Estimated repayment period 36 months

 

 

 

i worked out that 36 months at 158.98 = £5723.28 (no where on the contract is the total amount payable, which i thought was odd, don't they have to have this?)

 

so total amount of interest is £1829.03

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*bump* sorry im not good with figures but this will move your post back to the top :)

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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I will double check all your figures with you later Donkey when I more time online.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Thanks guys, so have they got the APR wrong? as they have put 32.5 APR. Also what is the 2.25 % interest, have they worked it out right? if they haven't does this mean the contract is unenforceable?

 

and lastly i read somewhere that if they have charged interest on the acceptance fee, which they have the contract is unenforceable is that right? i noticed that they haven't added it to the total amount of credit, but they have to the total loan amount.

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I would say unenforceable. APR is wrong

 

interest on the acceptance fee is a bit grey in my view, since the Walker Case, but each case is on its on merit me thinks.

 

have a read of this link on unenforceability.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

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Donkey 123. Sorry M8 no use to you yet on interest rates and %. Will be soon though, when Ozzy has finished training me up! ( he dosen`t know he`s teaching me yet) lol

 

I think the thing with acceptance fee and interest being charged on it, then putting the whole agreement in to question is up in the air again. This is due to some test cases that were heard in Manchester a while ago now. It has thrown a spanner in the works on a lot of things for Caggers trying to dispute their agreements.

 

There is a thread " Dissecting the Manchester test cases " or something like that. Can`t find it at the mo. but will point you to it ASAP. See if you can find it. It may answer a few things for you.

 

Not much help but we will keep your thread live until the maths guys take a look.

 

cheers, Mark

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Cost of credit not shown (interest + arrangement fee) which is a prescibed term. I think they do this so that you dont fully know, without some calculation, the actual cost of your loan this would also include the total payable. This information is required to be shown on the agreement. Also the PPI should be shown as a seperate agreement and signed and paid for separately. I also agree that the APR is wrong. Your agreement is not executed properly and is probably unenforcible. Is it a secured loan? If so you have the possibility of removing this charge due to agreement not being properly executed.

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Will be soon though, when Ozzy has finished training me up! ( he dosen`t know he`s teaching me yet) lol

 

 

LOL, first rule of being an apprentice >>>> GO MAKE THE COFFEE MARK. . . :eek:

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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LOL, first rule of being an apprentice >>>> GO MAKE THE COFFEE MARK. . . :eek:

 

 

**look at mark muzzling in on my apprentice job!!**white one sugar tea please mark :grin:**

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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To check if their are other things wrong we would really need to check your contract, post it up for us minus any personnel details now to check your figures.

 

 

First off Ems calculations are bang on . . the APR is calculated at 30.6 .

 

 

Your saying your loan is for 2800 at an APR of 32.50 % over 36 months is :

monthly payment £116.53

interest £1,395.29

total repayable £4,195.29

 

and your insurance is 1019.25

monthly payments £42.42

total interest £507.91

total payable £1,527.16

 

............ so if we add up the interest of the loan and insurance we get 1903.20 add the acceptance fee of 75 is 1978.20 add loan of 2800 is 4778.20 then add insurance which is 5797.45 being total payable back from you to welcome.

 

so if we divide this figure by 36 we get true monthly payment of 161.04 .

 

welcome want you to pay back 158.98 which is total payable of 5723.28. so leaves you out at end of contract by 74.17 which tells me they forgot to intergrate your acceptance fee rather than getting the APR wrong.

  • Haha 1

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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can I add I did this by hand with no template etc and I had 5 kids running round me so if wrong I apologise in advance. . . . lol . . . will double check later but think its right :D . . you defo need to claim your PPI back. I can do the figures for you and also ask them to remove 75 from the loan for the acceptance fee as they forgot to intergrate it into the calculations anyway lol.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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ozzy, im impressed!

 

couldnt do that in my head, or by hand, ha,ha.

 

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!!!

 

:D

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