Jump to content


  • Tweets

  • Posts

    • I am a regular (many years)  P2G user and selected them to use Parcelforce 48 service to send a gazebo I sold on eBay.  Parcelforce 48 have an automatic max £100 compensation for lost items.   Parcelforce lost the item. P2G state the £100 compensation Parcelforce offer within their price, does not get reimbursed to them, so they can't reimburse it to me. However, it would have been reimbursed to me had I used Parcelforce 48 direct, rather than go through P2G.    It seems rather strange that when I pay P2G to buy Parcelforce 48 service on my behalf, they buy a different service which excludes the automatic compensation.   They also lost another £40 parcel (which I did not buy additional insurance for, because it was an excluded item).   They also broke an item prior to delivery (which the addressee rejected as it was clearly a damaged parcel). The thing is, if a parcel is rejected by the addressee, what should they do with the failed delivery?   In this case they threw away the parcel and 'broken' contents rather than return to sender and refuse to compensate me because I (again) did not buy the additional insurance.   I have escalated the rejected claims and they agreed as a gesture of goodwill to reimburse the postage costs for all three items. (I would have expected this as a matter of course) .    Clearly many will consider I should have bought the extra insurance. I often do, but feel the extra costs involved would be greater than the odd loss ( having never had a loss in a couple hundred sendings), I only pay extra on certain items.   I feel a summons coming on, so would be happy to receive any ideas. Even if P2G have a rock solid defence regarding my lack of buying insurance, I still fancy testing their resolve and seeing if they fancy a hearing.      After escalating my claims, they agreed to refund the postage costs only.   I have therefore issue a Notice Before Action for the value of the lost items £180.   Notice Before Action Dear Sir/madam You have lost the following items. 1)      1 2)      2 3)      3   I understand you eventually accepted liability for these lost items and have agreed to reimburse the postage costs but not the values.   You suggest this is due to my failing to take out additional insurance.   I am not prepared to accept your position and shall be issuing a summons on 18th August for £180, should you choose not to reimburse the values allocated to the items you have lost.   In particular: Item 1) This parcel was damaged by your courier and rejected by the addressee. It appears rather than return the parcel and contents to me, your courier decided to throw the item away. Thus the item has become lost, and therefore (due to my not paying extra for insurance against loss), you have chosen not to compensate. Do you seriously expect to ‘lose’ an item on purpose by throwing it away, and then claim it has been lost and therefore not covered?   Item 2) This parcel was lost and I made a claim. During the period of claim, the parcel was found and began to track. Ultimately being delivered (according to an email to the addressee, at 1.41 am 19 July 2020). Clearly the parcel was not delivered at such a time.   You have subsequently suggested delivery was at a different time. Despite these suggestions of proper delivery, you have been unable to prove delivery at all, the addressee has confirmed he has not received the item and you have accepted the item is lost.  I do not accept you can be so careless as to lose an item twice.   When I purchased this sending through P2G, I selected Parcelforce 48 as the courier. This service has a compensation value of up to £100 for loss. This is why I selected them.   It appears however, you chose not to purchase this service from Parcelforce, but an alternative service purporting to be Parcelforce 48, but excluding the standard compensation.  This is not what I had purchased. I do not accept your claim that I should have paid extra for insurance for you to insure, when I had already purchased a service which carried automatic insurance.   Further, the service was supposed to be a 48 hour service. The parcel was not collected within the 48 hour period, let alone delivered within it.  I consider the delays in ensuring delivery within the expected timeframe would have contributed to the loss of this item. I hold you responsible for the loss.   Item 3) This item was also subject to a claim for loss. During your investigations, this item was also found and started to track. Messages advising  "Enquiry resolved", "INT Hold" and "Out for delivery”, suggest the item had eventually been found.   I do not accept you can be so careless as to find a lost item and subsequently lose it again, regardless of whether I had purchased additional insured.   Indeed, the option to purchase such insurance was not available as the item appears to have been excluded from such insurance.   Yours faithfully
    • I think you will be waiting even longer for COP to reply to your email.   Do you have access to a scanner that you can scan the form over?   You don't have to video call if you don't have the means, I just put that as an option. I don't know how to video call either.
    • Interesting. Good Sister.   1] how do I attatch the COP3 form to the e mail. I dont know how to do video call?  
    • Ok update,  I just sent e mail with copy of the PALS complaint to COP asking for help and advice, regarding having to travel 6 to 7hrs , i cant drive, someone will have to take me, to hand in a form COP3 to the ward staff, as Matron insists that someone physically sees me Ive asked in the e mail, if COP can contact matron/ward about form, so I dont have to travel. It will mean time off from work,not paid as its to far to do when finished.
    • I would be inclined to send the ward matron a copy of the form to the email address she gave you along with an accompanying message along the lines of:   Dear Ward Matron,   Thank you for contacting me on 14.06.21 to discuss my father's mental capacity assessment form.   You mentioned over the phone that I need to physically hand this form into the ward. However, I pointed out that I live 4 hours away in Northampton and do not have access to private transport to get me to your hospital. I feel that this would require a disproportionate effort to get a form across to yourselves given the current Covid-19 restrictions.   Furthermore, I note that your hospital is not accepting visitors at present due to the Covid restrictions so I presume I would need an appointment to see the right person to fill in and sign this important form. Therefore, I do not feel it is unreasonable to ask for a telephone/video call to discuss the form.   I have attached a copy of the form ready in anticipation of this virtual meeting. Please contact me by replying to this email or on xxxxx xxxxxx so that a mutually agreed time can be arranged.   Kind Regards, Yorky55.   As well as sending it to the Ward Matron, I would also cc PALS and any other relevant email addresses for the hospital you've gathered.   I'm sorry that your dad is still in a bad way x
  • Recommended Topics

  • Our picks

  • Recommended Topics

Claim received from SCM Solicitors for Lloysds, some guidance please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3874 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Dear All,

 

Thanks to the help from various people on CAG I am enjoying a bit of peace from my own creditors, still get the bit odd hate mail every 6 months or so and I know they're still there but for now its bearable, compared to how it used to be.

 

I am however looking for some guidance for my brother-in-law, although Ive learnt a fair bit from here and can do the basics of a court claim I dont know if there have been any amendments/new rules etc since my last claim, regarding defence. Ive looked at various posts and cant see anything different but would be grateful if anyone can confirm or point me in the direction of the most recent basic defence for not being able to produce a legal cca (haven't actually requested this until now, but they're not likely to have one, as the account is years old, (I hope anyway)

Account still with Lloyds/SCM. No arrangements ever entered into, Ive no idea if any default notices were ever issued.

 

The stage we are at is:

 

Claim received 17/07/10 issued from Northampton

Poc By an agreement in writing and regulated by the cca 1974, the claimants issued to the defendant a credit token blah blah. Standard I think, as Ive seen it on other posts

 

Acknowledged on-line 20/07/10

 

CPR 18 request sent to SCM 26/07/10

 

My brother-in-law has always had an A1 credit rating until 2008 when he had an accident at work and has not been able to work since (compensation claim pending) he's a manual person and has no idea how to deal with these things, guidance would be really appreciated.

 

Thank you

Link to post
Share on other sites

did the POC state anything about a dn and formal demand? (loyds seem to usually mention these in their poc) if so, you may want to consider a cpr request for them, as well as the agreement. (but they probably won't have copies of the dn and demand)

 

it seems that cpr18 is for info only (not docs), see here http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html

IMO

:-):rant:

 

Link to post
Share on other sites

Thanks for the reply, Poc says, claimant issued a default notice on xxxx and on xxxx claimant issued a formal demand, the claimant therefore claim the balance due under the agreement 00----.-- I have done the CPR request, should I do a seperate CCA request or is this covered in the CPR 18

Many thanks

Link to post
Share on other sites
Thanks for the reply, Poc says, claimant issued a default notice on xxxx and on xxxx claimant issued a formal demand, the claimant therefore claim the balance due under the agreement 00----.-- I have done the CPR request, should I do a seperate CCA request or is this covered in the CPR 18

Many thanks

 

hi

i dont think a seperate cca request would be useful at this stage, you now use cpr to get a copy of the original agreement that they intend to rely on in ct.

but re the link above, it seems that technically cpr 18 is not for documents!

Edited by Ford
typo

IMO

:-):rant:

 

Link to post
Share on other sites

Any requests for documents should be made using CPR31.14. Not CPR18.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Ive had a read through and thank you for pointing me in the right direction, it is the 'agreement' we want to see, for various reasons, one being that my brother-in-law had been paying for insurances since forever and only cancelled them all, the month following his accident at work, he went into his local Lloyds branch and asked for any info on all the monthly payments to the various ins companies, but they said they couldn't help, as Ive said before he's not a paperwork person and these policies would have been taken out years ago and he's no idea for what card or loan each ins co refers to, if I can see the agreement at least I'll know if the box was ticked for cover.

Another reason is that, having gone through his paperwork, there are a good few letters from debt collectors which appear to be nothing to do with him.

Getting back to the original question, I will need to make a new request under part 31.14 rather than 18, to see the agreement, quick clarification would be great please.

Thanks again

Link to post
Share on other sites

So 31.14 means I want to inspect the document and 31.15 means I want a copy of it, but which part means I need more time ?? I know the answers must be on here somewhere, but because Ive already sent off the wrong one (18) I need to get it in the post asap and ask for more time, can I ask for both in the same letter if so what exactly should I head the letter? , it really is just the agreement and default I want a copy of.

Help please!!!

Link to post
Share on other sites
So 31.14 means I want to inspect the document and 31.15 means I want a copy of it, but which part means I need more time ?? I know the answers must be on here somewhere, but because Ive already sent off the wrong one (18) I need to get it in the post asap and ask for more time, can I ask for both in the same letter if so what exactly should I head the letter? , it really is just the agreement and default I want a copy of.

Help please!!!

 

 

No.. CPR 31.14 is requesting a copy of the agreement due to it being mentioned in the Particular of Claim. CPR31.15 is a request to inspect the document.

 

CPR 31.15 requires that upon receipt of a request in writing, the claimant must allow inspection of the documents and this must be done in 7 days from receipt of the request, if the claimant refuses then an application Must be made to the court for an order compelling disclosure

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • 3 months later...

Hi again, I could do with a bit of guidance if anyone is available, I'll briefly outline the case so far:

Court papers issued 14/07/10 by SCM Solicitors for Lloyds

AOS- Acknowledged on-line

CPR 31.14 Request made

Lloyds response- As your agreement was made before 19th May 1985 we have no obligation to supply a copy, but despite this we will try.

 

Received from Lloyds- A spanking new 10 page copy of terms and conditions,marked customer copy and below it says Credit Card Agreement regulated by CCA 1974. (£12 late fee contained within the T&C so clearly the latest set.

The case is to be heard on 7th Jan 2011, but this is the confussing part, we have to submit all documents for the hearing by 5th November. I always thought this had to be done 7 days befoe the hearing! It does say that the claimant must have the original documents in court, but surely that means they'll just produce another copy of what they have already sent us and not the original agreement. How likely is it that they'll pay the £150 by the 5th November knowing our arguement regarding the credit agreement.

Thats it for now

Thanks

Link to post
Share on other sites

maddiemay

 

IMO, it maybe that loyds are maybe trying (incorrectly?) to use a 'commencement' date (19th May 1985) for their purposes? see for eg Schedule 3 of the CCA. 74

is this small claims or fast track?

is the 5th Nov. the date directed for Disclosure?

 

bump also

IMO

:-):rant:

 

Link to post
Share on other sites

A couple of points LTSB will make an application to vary order so that they don't have to produce the originals, they will argue that they have a screen shot that proves that a compliant DN was issued; they read CAG and if they think they have identified you will monitor closely and use anything you find against you.

Link to post
Share on other sites

"The case is to be heard on 7th Jan 2011, but this is the confusing part, we have to submit all documents for the hearing by 5th November"

Hi Maddie have you submitted a Defence, received an AQ yet ? Your history stops at the CPR request. The hearing is either for CMC to discuss track or even a SJ application hearing.

Hope you have checked all your paperwork from Court and followed any orders by date.

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I have followed all the court dates and all paperwork submitted on time, including defence. The case has been allocated to the small claims track, The paperwork says we need to submit all documents to be relied on at the hearing. Sorry for my lack of information, just me trying hard not to waffle on.

Documents have to be in by tomorrow, so I have to post today

Link to post
Share on other sites

I assume that must be for the Claimant ie Case Summary.Your Allocation Notice tells you the defendant what to prepare for and with what, normally disclosure dates/Witness Statement etc so under that presumption you have nothing to submit.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

They are free to identify me/him, they still wont get anything judgement or not, he's disabled for ever now, so I suggest they stop wasting any more time on me/him

Its a good learning experience for me and doesn't cost us anything!

Link to post
Share on other sites

The only documents that you would need to rely upon would be your defence (which they have) and any requests and responses made to the claimant, ie CPR CCA DSAR.

Therefore unless the Notice of Allocation as specifically requested you prepare anything for this Hearing of January to be submitted by Nov 5th then you have very little to submit.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy, so I should submit, a) a copy of the CPR31.14 request and b) a copy of what they say is a CCA, despite the fact it is freshly concockted with nothing more than some recent t&c and a name and address printed on it.

 

For future reference, where would I find the information on the 'we are not obliged to supply because the agreement was made before 1985'

 

Thanks again

Link to post
Share on other sites
....'we are not obliged to supply because the agreement was made before 1985'

 

Thanks again

 

hi maddie

 

atm, i don't see how this 'excuse' is applicable! but hopefully someone can clarify?

they've only sent you current terms and conditions, so it seems then that they don't have a copy original?

IMO

:-):rant:

 

Link to post
Share on other sites

responding to an S.O.S. from ford, maddie.

 

I am not quite sure why they feel they dont have to provide a copy of a document because of it's age. Or if there is any regulation that permits them not to provide it.

 

I guess it is too late to write asking them to clarify on what basis they dont have to supply it. I am going to flag your query for the site team. See if anyone else has any ideas.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Ok, from page 22 in the following OFT document..

 

 

2.22 Where the agreement was executed before 19 May 1985 and due to an accident or some other reason beyond its control, the creditor or owner does not have in its possession the executed agreement or any copy of

it, the copy to be given may comprise an easily legible statement of the current terms of the agreement insofar as they are known to the creditor or owner.11

 

However, you need to read on past the statement above as it continues with information that could be of use. It specifically states further on, that if there never was a document then no copy can be produced. ..

 

 

HTH

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

good find. thanks.

 

but, is that re a cca request only. and therefore, is n/a re a cpr request, and/or the CCA requirements re enforcement?

Edited by Ford

IMO

:-):rant:

 

Link to post
Share on other sites

ps

the oft guidance para. mentioned above refers to Regulation 9 of the Copy of Documents Regulations. Reg 9 refers to copy agreements provided under the Act.

Edited by Ford
typo

IMO

:-):rant:

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...