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    • Wait until you get a refund from the purchaser before accepting anything else. Please will you post up the text of the email that you received.  Make sure that you look after the text that you received from the purchaser
    • I’ve just received a letter from a debt collection agency called Intrum about an old Halifax credit card debt, they have never been in touch before and the letter says that because I have failed to contact them they are passing on to a company called Resolvecall who specialise in home visits. This debt is from about 14 years ago when I got into some financial trouble, I had a default on file but that dropped off around 4 years ago. Is there anything I can do with this as I don’t really want people coming to my house, thanks in advance? 
    • Just wanted to check if anyone knows, I'm in the process of retrieving the transcript. There was no time frame given in the appeal judges directions, does this mean none applies or is there an unwritten timeframe that applies as a default for these things? 
    • I left a trustpilot review and P2g have emailed me with the obligatory apology and have refunded the postage costs and are will to give £10 extra pre pay as a good will gesture. However,  as i wrote this the Buyer has just txt.me.to say they have received the parcel !  So obviously im now going.to suggest that she pays via Paypal ... I rang her this morning to see if it had arrived but she said she was on holiday and there was someone in her house she would have to contact to see if it had arrived which she obviously has ... So now i know its been delivered i cant go for P2g But i Can accept the exta £10 ...
    • The defendant in this case is Parcel2Go.com Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper via the Defendant's service containing which contained two handmade bespoke wedding trays to a customer with  under  tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was The Defendant informed me that the parcel was being returned to me but after waiting three weeks I was informed by the courier that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. The Claimant did not purchase the Defendant's insurance policy as requiring people to pay extra for rights already guaranteed under the consumer rights act 2015 is contrary to section 57 and 72 and therefore unenforceable. The Claimant rejected the Defendant's standard compensation offer. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015.   By failing to ensure the safe delivery of the Claimant's parcel the Defendant breached section 49 of the CRA 2015.   AND THE CLAIMANT CLAIMS £370.00 being the value of the lost goods £xx.xx being the price of shipping and interest pursuant to s69 cca 1984.   See what BF thinks but I think something like this is better. Remember you are suing P2G not evri.
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      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.

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I just don't need all that stress again


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Your doing all the hard work, we're simply pointing you in the right direction (hopefully! :crutch:)

 

Well advising certainly!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ok so I have an update, Cabot are refusing to close the account and said they are keeping it on hold after 2 years and that they will contact me "when" they receive the agreement. But they have had 2 years.....

 

Also Mackenzie Hall sent me a letter back stating they have given the creditor 40 days to find my agreement but thats not right?

 

The other 2 I am wiating for a response which the 12 days are up on the 15th.

 

So what should I do about Cabot's response and MH?? Also I know about the clause with the asking for the agreement as by law they are supposed to have it already when they buy the debt, is there a letter I can send with regards to this??

 

Thanks :o)

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That's a complaint to OFT I think.

The time scale it unfair and unreasonable.

You could write to Cabot and MH in that vein

and head it final response.

 

'' I consider that the time scale you have been allowed

is more than reasonable but considering the stress caused

by your inaction I now consider any further time for you

to fulfill my lawful request is unfair and unreasonable,

I am compiling a complaint to the OFT and Consumer Direct,

and in view of this please consider this my FINAL RESPONSE

no further communication will be made any correspondence

from you will returned unopened.

 

Yours stroppily

 

P**sed OFF

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If Brig was like me he would say....

 

Dear Cr@pbot, thank you for confirmation that you are merely being a childish pain in the back side. Any further correspondence from you will be fed to my pet guinea pigs.

 

Dear Muckhall, I have no idea what planet you are on, least of all what legislation you claim to abide by, but in the 40 days you profess you require to collate the information you require to enforce any such action against myself, I will have had sufficient time to move address, change name, and aquire a competent legal team in order to wring you dry and make you more laughable than you already are.

 

12 working days from receipt of your request is ALL they are entitled too, if the clowns cannot or will not supply the agreement in that time, then the account is in dispute, and NO payments are to be made on that account, no matter how hard they beg and plead, even if they try the old "morale obligation" sketch......

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Hi guys well good news I have heard nothing from any of my creditors with regards to my request for the agreement so I am assuming they don't have it!! Now is there anyway of claiming the money back I have paid them or do I just call it quits now and move on? Thanks again for all your help

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Hi Chrissie, Sorry it doesn't work that

way they may not have the agreement

but you have acknowledged the debt

by making payments.

 

Brig.

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Hey Chrissie

 

You have some b++ls girl!!!!

 

... best advice I ever had was to leave things alone.... its a bit of a variation of the old saying.... 'why fix it if its not broken'.... you could read that in this context as 'if its broken dont fix it'....

 

.... however I disagree with Brig....

 

there is a discrete body of law recognized by the HOL on 6 June 1991 (although this has evolved for over 200 years) which is based upon the body of law known as the law of restitution.

In brief the law is concerned about when restitutionary remedies may be awarded.

One of the different types of action this body of law considers is the reversal of a defendant's unjust enrichment. In simple terms you could argue that you had made payments believing that the Creditor was entitled to receive those payments, however you and they were mistaken because no contract exists between you... therefore they were unjustly enriched.

The law is very new... and there is a lot to prove.... but as I stated earlier... there IS a body of law should you wish to pursue this further.

 

Z

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and that is your starting point.....

 

you need to establish that the contract is null and void .. in terms of the law therefore there was no contract, or indeed that there IS a contract. You could argue that if the contract does not comply with the CCA then the contract should be declared null and void since it was entered into in the mistaken belief that it complied with the act....

 

Z

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I dont know what happened to my post...

 

ok.... so the contract is the starting point..... you need to get this declared null and void....

 

you could argue that the contract should have complied with the CCA and you entered into it in the mistaken belief that it did.... therefore..... the contract should be declared null and void.

 

IF there is NO contract then.... you can commence your action for restitution....

 

you could as I have done, use this as part of your communications with the Creditor to recover money they owe you.

 

... and no is the answer.... nobody has paid me anything... yet .... but it is a great threat to the Creditor.... having the possibility of a counter claim!

 

Z

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I have read some of the ''restitution'' I

seriously doubt that it will have any great

impact on CCA 1974 matters, as you say

cerbs the one certain thing is the debt still

exists stat barred or not.

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Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The problem is if they take you to court on the back of a reconstructed agreement you have a slim chance of a defence, whereas if you take them to court all they have to prove basically is that you have had the money as proven with the case of a cut up MBNA card which was produced in evidence. http://www.consumeractiongroup.co.uk/forum/showthread.php?179236

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