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    • Well, perhaps pointing that out in the first place was a tad sarcastic, so, I generally reply to sarcasm with sarcasm.    Bottom line is, the reason distance sales open more avenues for a consumerrights etc is because people get duped by dodgy traders rather frequently.     BankFodder has already attempted a few digs in prior posts, but I don't think stating the bleeding obvious makes him any less sarcastic than my response.    I believe your own first response was, good luck with the 12 months extension, which is already in my favour, so a bit more savvy in knowing what you're talking about before you responded would maybe have prevented me from pointing out that yes, I do indeed have the 12 months extension. 
    • "Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose   "All the effort put in"? You mean there was some kind of entrapment? Surely not.
    • Annoying as it is, people can order food delivery, eat it, and claim a refund, so how can you persuade them that isn't the case here? how are you going to show that in your case you didn't eat the food as it was so bad?   Did you contact the takeaway (at the time) as well as Just Eat, and tell them the food wasn't to standard?? If so, what did they say?.   In a restaurant the diner has the ability to leave the poor food, and bring it to the attention of the serving staff. Not an option in the case of a delivery (except if you take it back to the provider, which negates the point of delivery, but does make it plain there is a major quality issue).   I doubt you'll get the whole £27 back, and how much effort do you want to put in, for the expectation of how much refund?.   £27 (at most!)?. Leave them a poor review, don't order from them again, and move on..........    
    • Yes, quite distinct difference Scotlands first minister does seem to quite clearly demonstrate she understands the reasons, the personal situations and have real sympathy in stark contrast to Johnson the Liar and Handcock   and I note MP's are still getting away with breaking rules when they should be both leading by, and punished as examples   https://www.belfasttelegraph.co.uk/news/northern-ireland/dups-sammy-wilson-caught-on-camera-without-face-mask-on-public-transport-39559186.html   Despite clearly being shown sat reading something, with more reading matter readily available, Wilson claims he only 'momentarily took his mask off to answer a telephone call and 'denied witness claims he did not wear a mask for the entirety of his tube journey from Westminster to Heathrow   Wilson has repeatedly railed against face masks 'muzzles' and declared himself being reported as “like East Germany under the Stasi”       https://www.belfasttelegraph.co.uk/news/northern-ireland/dups-sammy-wilson-caught-on-camera-without-face-mask-on-public-transport-39559186.html   Interesting that honourable MP's and even some advisors have resigned for less.. Nicola Sturgeons' for example.
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    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 6 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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I was contacted by TBI a few years ago. They claimed that I owed two debts and told me that I had made payments on both when I queried this. Ignorant of any rights I may have had, I agreed to pay them £10 a month by standing order. All was well until they rang claiming that they were not receiving their money. I cancelled the standing order as they had insisted that they were not getting it. Now they have issued default notices and are demanding full payment. Is there anything that I can do?

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May I add that the original loans are from years ago. I never received anything regarding assignment of these debts and have had no statements or in fact anything from TBI except for grief!

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What type of debts are they & how long ago was a payment actually made?

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I seem to recall I was told that they were Comet or one of those sort of companies. I did not recollect them or any payments on them. But I did start to pay TBI £10 a month as in my general ignorance at the time I didnt know any better. They told me I owed them money and I was scared. I cancelled the £10 standing order in March I think.

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send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Thankyou I will do that. Can they still take me to court in the mean time?, as they have issued defaults and have made it plain that if I do not pay by the 26th of this month that this is their intention.

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They are sabre rattling, just normal threats hoping to get you to pay. The trouble is you've been paying without even knowing whether or not it was actually your debt, now it's time for them to prove it.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Leave it a couple of weeks and see what they send back. Recorded delivery is advised so you have proof if they deny receiving it.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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  • 2 weeks later...

I have received through the post standing order mandates in order that I can reinstate my payments. They said that the situation whereby I was told that they were not receiveing my previous payments was a misunderstanding! They have asked me to fill these in, complete with my bank account details and signature and send them back to them! They must think I came up with the daisys if they think I am going to send them my signature etc!!

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Don't do anything until you receive you CCA back.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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