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    • Another update - just had another round of Text messages, Emails and letters. Physical  letters still going to the old address (forwarded by royal mail). All messages were exactly the same as the previous round with threats of CCj's, Attachment of Earnings, Warrant of Execution, Bankruptcy and Charging Order. Seems to be a 2 week pattern of 1 week letter, following week email - texts seem to be a bit more randon, but always over 10 days between each one.  Not sure if IDR are working diligently behind the scenes to recover monies from me,  or are just spamming me in the hope that i stick my head above the parapet
    • Here's the Claim Form (edited for personal details) and  Defence PDF (edited for personal information). 
    • Should the amount be the figure in the particular or the final amount with fees added
    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.  7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Should the amount be the figure in the particulars or the final figure with the added fees
    • post it up here first for checking please dx  
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    • We have finally managed to obtain the transcript of this case.

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Royal Mail refuses claim for "signed for" mobile phone


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Hi there,

 

I've ordered a mobile phone with T-mobile which was supposedly delivered by RM and signed for by me (!) at a time when I was definitely at home. The signature is just some scribble, but the real trouble is that RM refuses a claim for compensation by t-mobile on my behalf, saying that they have got proof of delivery.

 

Well, the only thing they have is just some electronic scribble and somebody who pretended to be me but only used my first name on the delivery report. Now both, t-mobile and rm just refer me to each other and don't want to take responsibility, furthermore I am always told something else, very few of the customer service officers are actually helpful.

The funny thing though is, T-Mobile requested RM to send me that P91 form to make that claim, which happened already 3 times, but that form has also never arrived (within almost 2 months time).

And I am being told there is no other way to acquire this P91 other than through post.

 

Now I have asked t-mobile again to request the p91 form from RM to be send to me. However, by now I am not that optimistic anymore that I'll get anywhere with this. I hope somebody has some advice for me, cause I don't really know what to do anymore.

 

Thanks!

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ill jump in on this one

 

the PDA that royal mail use are a load of crap for obtaning signatures

 

remember the game

 

etch a sketch

 

a two year old could write a better signature

 

my advice would be to go to your local delivery office and ask to speak to the office manager who will confirm things with the delivery postman

 

each one of the pda has a uniques pin number for each delivery person

 

 

i will never deliver a security item unless a door is opened for me at the address

 

remember to take the track and trace number with you

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  • 4 weeks later...

I am having not dissimilar problems: RM have twice admitted liability on the phone to me for non-delivery/loss of the handset (I was at home, post delivered 10.30, "delivery" on handset 1300hours - no signature, just initials (I was here) - bunch of twaddle.

TMobile are not at all proactive, have just told me I have to fill in a P91, have made no attempt to have one sent to me, nor suggested that they would or could, RM say this is not necessary nor correct, TMobile make no effort at all to contact me - I have wasted time and money on phone calls and am at wits' end. I can't as yet, cancel the so-called contract either, though I am going to pursue this avenue any which way I can. However, any useful info/advice would be really really welcome. Seems there could be a pattern here........

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This is pretty straightforward - your issue lies with T Mobile and you need to make sure they sort it out, whatever issues there are with the courier they have chosen is down to them to sort out.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Heck, even when they deliver it to the WRONG address, they get a signature. So does that mean you;ve got it? Of course not. RM is agent of T 'Everything Everywhere' (as it is now), so tell them to sort it out, and you;ll let them know when you finally recieve what you;ve paid for.

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