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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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    • Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this? Every day is a school day.
    • 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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi oopsadaisys

 

Welcome to CAG

 

First thing to do is send each creditor a CCA Request with £1 postal order

CCA Request Templates can be found on this site. You send the CCA Request to find out if the agreements are enforceable.

If they are unenforceable, you can put the account in dispute. Start a thread in the correct section, something like

oopsadaisy v westcot, then scan and post the document, having removed all personal details.

 

Secondly if you have paid any Penalty Charges over the last 6 years plus,

you can get them back with contractual interest. All you need to do is send a SAR request with £10. They have 40 days to send you statements. If you have been mis-sold PPI, again you can get that back with contractual interest. Again Templates and spreadsheets can be found on this site.

 

http://www.consumerforums.com/resources/templates-library

 

You might possibly not owe as much money as you think. The guys here are very helpful.

Edited by rebel11
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Yes scan and post whatever they send you, don't forget to remove your personal details. Yes, you can put the accounts in dispute until they comply.

 

Unfortunately I can't advice you on the second paragraph, but others here will respond.

 

Thats fine just use this thread, the site team will move it if it needs to be moved.

 

Any spare time you have, it's worth reading some threads on Westcot, that way you can arm yourself with the

knowledge you need to deal with matters.

 

hi

 

thanks for the welcome.

 

I have printed off the letters and will send them on saturday by recorded delivery. If it is that they do come back with the correct letters should i scan and upload on here? as i have no idea what these papers look like?

And if they dont comply and send them to me does this mean that the accounts then go into dispute? and when it has gone into dispute does it mean that they cannot enforce the debt until they provide these documents?

 

sorry know im waffling on but i dont understand the proccess, or i dont understand why they are sending letters to my mums, could it be that they are infact just trying to obtain a ccj without the correct checks, so that they can enfource the lump sums without issues arising? or do they need to provide a court with the fact that i do live at this address, i no longer have any financial conection with that house at all other than it is a prev address.

 

Oh and i dont know how to move the thread to where it needs to go :(

 

loads of thanks

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I'm scratching my head, thinking I've forgotten something, Thanks Halibutt:D

 

 

You're in the right place already and good advice from Rebel11.

 

Keep a copy of everything you send in writing. Don't sign any letters, simply print your name. Everything by Royal Mail Recorded Delivery - you can track delivery on the Royal Mail website - keep your receipt of posting!

 

I've started adding "By Royal Mail Recorded Delivery" at the top of any of my correspondence - it might make them think for a second or two before trying to bully further as they know you can prove they received your letter(s).

 

If you've written to them, including your new address, they should then direct any correspondence to the address you've quoted.

 

If they don't and continue writing to your Mum's address, that could be included as evidence of harassment.

 

Keep all of their letters and the envelopes they came in.

 

Best of luck and let us know how you get on!

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