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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.  Appreciate your help 🙏🏼   Thanks!
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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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Bookie burns her bridges...


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I had an epiphany, or a nervous breakdown, not sure which. I realised that I am paying and paying and paying and "they" just take, never give an inch and use every opportunity to hammer you to the ground. Don't get me wrong, I already knew it, but I was still trying to do the "right" thing.

 

Then earlier today, I realised that Natwest, by applying their interest, have just sent me over my limit by a few pence, and they're going to send the account spiralling down further, and I don't know, something snapped.

 

So, tomorrow, I am sending a letter to 2 different banks with who I have a semi-dormant account (just trying to pay off o/draft and never quite succeeding) telling them that I can't pay them any more, offering them £1 a month in exchange for freezing the interest/charges. whether they accept or not, I don't really care any more, my credit rating is shot thanks to my catalogues screwing me over last year anyway, so if they want to drag my name through the CRA mud, I don't give a toss.

 

Secondly, I am sending 2 CCA requests to Argos card, one for DH, one for me, just to see what comes back. If their paperwork is not up to scratch, then they can whistle for it, I just can't keep on getting hammered with their 30% APR and the charges they seem to randomly add, or the way the payments I make all go towards paying the least balance.

 

I have tried to play by the rules, and they changed the rules so that I couldn't win, and so now, I am going to do the same. There's not a lot they can really do to me, blood out of a stone springs to mind, so let them do their worse, they might find that this cookie is a bit tougher to chew on than they thought.

 

I'll update this as I go along, no planning to make different threads for it as I don't really need advice, it's just a way of keeping a diary really.

 

Incidentally, I haven't heard anything from either of my catalogues for a while, so no doubt that the alleged debts will reappear soon under the name of one of the common or garden variety DCAs. Let 'em come. they don't have my phone number, so they can send the nastiest latters in the word, doesn't bother me. :-D

 

Onwards and upwards. :-)

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Good Luck booky with your endevours i know what you mean with your cra file i gave up on mine early last year it aint worth it i do not need any credit so they can trash it as much as they like because it means nothing to me i make sure my mortgage is paid every month along with other priority bills the rest can swing until my bank plays ball with the PPI im owed PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Well said Pompeyfaith, thats exactly how I feel. My moment came Bookie when I had been struggling to pay back £100 pm and I won't mention which card as you have guests and they start on me again, started adding interest whilst making money available and then told me I had to send in an I & E, I had calculated it would have taken me about 2 years to pay it back if they hadn't done what they did, so I CCA'd them, no agreement, last penny they got out of me!!!:mad:

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Its definately one of those defining moments when you realise that the worst they can do to you is mess up your credit rating!

 

Hell Ive lived so far without credit! lol!

 

Dont sweat the small stuff Bookie! :D

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Indeed booky now if there is something i want and do not have the funds it can wait until i have they can use my cra file for toilet paper for all i care lol

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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furthermore there are more important things in life this dawned on me last year when i had a heart attack and then lost my dad i laid in that hospital bed and had a reality check

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Good for you Bookie ! the worm has certainly turned. I'll watch your diary with anticipation, I know you'll soon put them in their place :)

 

Incidentally I wouldn't worry about the catalogues - if you've had them for several years they most likely won't have any agreements.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Good luck bookie, look at me fretting away when first came to this site, have since done all right including being stupid becaue bank asked for proof on mental disorder. They just used it to threaten me and never stopped even the interest, let alone put things right.

 

My epiphany I think was why get so upset about threat of court, let them do it and guess what no one has:D

 

Realising so worried about something not probably gonna happen and if does, who cares 1.00 amonth anyhow xxxx

 

Anyhow best of luck xxxx

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  • 2 weeks later...

Well, sent all my letters a week late, but I figure it hardly matters now anyway, that's how laid-back I am about it now. :-D

 

Spoke too fast about the catalogues, the multiple letters came today (Grattan alleged debt), Scotcall doorstep collection visit no less, ooooh I'm scared. :-D. Still nothing heard from Kays for ages though. Funny, the amounts Scotcall claims seem to have seriously inflated since last time I had contact with any of those clowns. :razz:

 

And thus the merry go-roud of the bottom feeders continues... :razz:

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Guest Mrs Hobbit

Bookworm the the Catalogue Company's I took on two big ones when we had the identity problem and they would not listen to me and our DD's failed. i wanted a three month hiatus to get things sorted, they wouldn't give it, so I played tough and wrote the Company secretary of each company. it took weeks of correspondence back and forth and in the end I said, you guys don't have an agreement so take me to court, otherwise I will pay you what I lawfully owe you as I had the articles, but I am not paying the charges or anything else. let's see who the Judge considers honest. A bit humming and arring from the other side and eventually I received amended accounts from each. One I had to pay £25.00 to and the other 17.99, which I paid on receipt and problem went away. It was the no signed agreement bit that got them and they just didn't want to take the chance a DJ just might side with me. I don;t know if this will help you, but might just make them think. No agreement = you know what....

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Guest Mrs Hobbit

DCA's? Tort of Trespass, it worked every time, A letter reminding them, you can't visit the Hobbits if we don't invite you. Of course having Mr Plod living next door and letting him know and appraising him of the Tort of Trespass did help

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I don;t know if this will help you, but might just make them think. No agreement = you know what....
Thanks, Mrs H., that was done well over 1 yr ago, lol. Thats' why the "debts" have now been doing the rounds of DCAs for a while. Once I had CCA'd them, they knew they wouldn't be getting another penny from me, so they got shot of my accounts pretty sharpish. Serves them right for trying to screw me over, I tried to be reasonable and they wouldn't listen, so... :-D
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Love the 'form' SH and Bw I will be following closely as I have recently realised that no longer care about my CF, it everything was dealt with within the laws of the land none of my CF would have anything on them, but I have decided not to play their game unless they annoy me and then I point out all the errors to them and they seem to have an attack 'silence'!!

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I see the whole credit file thing as just another way of making the little people tow the line,

 

The banks and debt collectors tell you that if you don't pay your debts on time they gonna ruin your life.

 

If they had half the brains that god gave an idiot they would realise that by the time they make the threats it's already too late, coz they've marked your file for 6 years and any further threats are pointless

 

Furthermore, if you don't have anything, then their threats are empty and meaningless.

 

I'm also beginning to think that "I don't believe you" may actually now be a valid defence in law.

 

I don't believe that they own any of my debts because the paperwork they are producing is not from the banks and card companies but from the Debt Collectors themselves, nor do I believe that the figures they are claiming are correct and nor do I believe that the agreement they have produced is anything like the one that I signed.

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Well good luck Bookie and I shall read your diary with interest. My only question is why £1? - why not 1p?

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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