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    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
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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.

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      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. 
       

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      • 81 replies
    • 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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Cap1 & CCA return


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Un1 - excuse my confusion, but have I become invisible to you on this thread:confused: :confused::eek:

 

Oh Ladybird, no you are not at all - what makes you say that? xx

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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Oohhhh, I've just realised - it's my first cagiversary! :D

 

I joined in April 2006 - wow, seems like yesterday and SOO much has happened!!

 

Thanks guys and hope we have many more together!!! ;)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hi Pers.xx

 

But a S78 request has got nothing to do with renewal of credit token.:confused:

 

Sorry - what I meant was, if they cant supply an original copy of the executed agreement as per our requests (s77-79 ooops!) then surely they cannot or would not comply with it on the renewal of a credit token-hence the s85 default?

 

:) x

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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well you keep ignoring everything I post:(

 

Oh, I am sorry - nothing personal at all Ladybird. I think others got there before me............forgive me? :(

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Sorry - what I meant was, if they cant supply an original copy of the executed agreement as per our requests (s77-79 ooops!) then surely they cannot or would not comply with it on the renewal of a credit token-hence the s85 default?

 

:) x

 

Got it one fella! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Nice one - thanks Un1boy!

 

And LadyBird, you scrumptious harlet of cuisine - how could you be ignored :eek:

 

Blowing you a kiss from down the road xxxx

 

Thank you darlin x

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Ouch:eek:

It must have had a head wind on that one - just got a rollickin from the misses - re lipstick :rolleyes:;) xx

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Tha'ts ok Un1, forgiven & forgotten;)

 

Awww, thanks hun! :)

 

Nice one - thanks Un1boy!

 

No probs mate, anytime. :)

 

Blowing you a kiss from down the road xxxx

 

Ladybird, same here!! (and sorry for the delay - I have been ironing my suit for tomrrow!)

 

I really am sorry if you think I've been ignoring you - I really haven't meant to.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Ouch:eek:

It must have had a head wind on that one - just got a rollickin from the misses - re lipstick :rolleyes:;) xx

 

Haha!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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yeh - I've got your lipstick on my face, too Pers;)

 

lmao!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Right guys and gals - I'm gonna finish my glass of OJ and then go up the wooden hill to bedforshire! :)

 

I have to be up early tomorrow for a meeting so I will speak to you all tomorrow afternoon.

 

Take care and sleep well!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hi guys back again.

 

With regards to the non-compliance of a cca request being a criminal offence:

 

Since reading through the entire Consumer Credit Act, since nearly everyone has obviously read Section 167, can I take it nobody has read Section 170?

 

I would urge everybody to read this section immediately and ask yourselves again if this offence is criminal.

 

Further to this, please read the below link, especially the parts under the heading "Civil Penalties"

 

Joint Committee On Human Rights - First Report

 

I would ask Zubo, paulwlton, jonchris and all others that declare this offence to be criminal to read this information and to confirm that their views haven't changed.

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Civil penalties

2.11 The Explanatory Notes to the reintroduced Bill state that "it is not considered that a civil penalty imposed under the new power would amount to a criminal charge within the meaning of Article 6, because a civil penalty may only be imposed on a discrete section of the community (i.e. persons holding a licence under the Consumer Credit Act and persons covered by a group licence), and therefore a civil penalty amounts to a disciplinary or administrative measure necessary for the proper functioning of the licensing system".[21]

2.12 We have considered the Government's argument as to why civil penalties imposed under the Bill would not amount to a criminal charge within the meaning of Article 6. We accept that the nature of an offence or penalty is more likely to be criminal where the rule giving rise to the offence or penalty is of a generally binding character, rather than applicable only to a defined group. Whether proceedings are to be considered civil or criminal under Article 6, however, will depend on three primary factors: the classification of the proceedings in domestic law; the nature of the offence; and the severity of the penalty that may be imposed. The second and third elements of the test carry more weight than the first. 2.13 According to the Courts' case-law, the severity of a potential penalty may in itself be enough to establish the criminal nature of the offence, particularly where it is punitive and deterrent in its purpose. To the extent that penalties of up to £50,000 may be imposed on small lenders for whom a fine of that size is a substantial penalty, we agree with the view of the previous Committee that, in view of the potential size of such civil penalties, there must be a risk that the imposition of such a penalty may in some circumstances be seen as the determination of a criminal charge in Article 6(1) terms, and that the operation of the procedural safeguards should therefore approximate as closely as possible to the standards of criminal due process, including proof to the criminal standard of proof.

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As it has been pointed out to me on a few occasions, this thread is very absorbing with well over 5000 posts.

 

Nearly everybody within this thread is of the understanding that the CCA non-compliance request is a criminal offence. Last night I suffered a backlash from many other caggers for suggesting that it wasn't criminal, there is no penalty of imprisonment and abosultely no basis to report such an offence to the police as suggested by one poster.

 

I stand by all of my comments.

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Hi Trevor

 

Not necessarily. The copy of your agreement that a creditor has to send you as a 2nd copy, shortly after you have signed up, does not have to show any signatures or your name or address and it may be that the copy you have found is a 2nd copy.

 

Have you requested the copy agreement under s77/78 CCA and have they sent anything yet?

 

Let us know what they come back with and we'll give our opinions on it.

 

And having a hurting head is a recognised side effect of perusing this site!! :-D:eek::-D

 

Regards, Pam

Hi Pam

Thanks for that.

Yes, I have requested agreement under s77/78 CCA, will post when I get copies.

Regards Trevor

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Nice one - thanks Un1boy!

 

And LadyBird, you scrumptious harlet of cuisine - how could you be ignored :eek:

 

Blowing you a kiss from down the road xxxx

 

Thank you darlin x

 

Hey! this is a respectable thread! No illicit goings on here please! (Except me and Peter - 'cos he's in training to be considered for inclusion in my next year's Valentine's list as he missed the deadline this year!)

 

:lol::lol::lol::lol::lol:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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As it has been pointed out to me on a few occasions, this thread is very absorbing with well over 5000 posts.

 

Nearly everybody within this thread is of the understanding that the CCA non-compliance request is a criminal offence. Last night I suffered a backlash from many other caggers for suggesting that it wasn't criminal, there is no penalty of imprisonment and abosultely no basis to report such an offence to the police as suggested by one poster.

 

I stand by all of my comments.

 

Hi Dave

 

I may be wrong but it seems to me that the quote you have posted is in relation to offences to do with credit licensing.

 

If not, then how do you explain this (previously posted by Joneshousehold):

 

Schedule 1 states

Quote:

Section - 77(4)

Offence - Failure of creditor under fixed sum credit agreement to supply copies of documents etc.

Mode of prosecution -Summarily

Imprisonment or fine - [Level 4 on the standard scale.]

Section - 78(6)

Offence - Failure of creditor under running-account credit agreement to supply copies of documents etc.

Mode of prosecution - Summarily.

Imprisonment or fine - [Level 4 on the standard scale.]

 

Also s170 is saying that no breach under the Act will incur a civil or criminal sanction except for those expressly provided for by or under the Act (e.g. as above)

 

 

170 No further sanctions for breach of Act

(1) A breach of any requirement made (otherwise than by any court) by or under this Act shall incur no civil or criminal sanction as being such a breach, except to the extent (if any) expressly provided by or under this Act.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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hold those horses - what's S85 got to do with a CCA request?

 

Absolutely nothing birdie, and that bottle of scotch is still waiting for you :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Absolutely nothing birdie, and that bottle of scotch is still waiting for you :)

 

Sorry tam, I think she's run off with Perseus! :o:D

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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