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    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  Of course, I refuse to be held accountable - in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
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      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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    • 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
        • Like

County court Summons link/MBNA


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Not CPR 31 – but CPR is applicable, as it would be in any case, to show the likelihood of probability.

 

My money’s on something that’s five years and 363 days old... better than a bet on a horse when you have my lack of skill for picking a nag.

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I cant seem to post up the summons. I have questioned her further and unfortunately was one of these people who thought writing on their letter head "I have no idea what this debt is about" would achieve the right results. She is convinced this was an agreement taken out by her former partner in her name. So what is the best course of action here. Should a CCA request be sent. Does she have to fill in the income and expenditure details, and what should her defence say. Grateful for all your help on this she is beside herself with worry.

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Well, that changes everything.

 

It seems she does know something about it. The key question is when did she know.

 

Did she know at the time it was taken out? Is she sure it could only be her ex? If she knew all along that this had been done in her name, then by not reporting a fraud she might be viewed as complicit and liable.

 

If she knew nothing about this until the letters started, it is fraud and must be reported to the police as such, and a crime number sought. It would not then be her liability.

 

It won’t be fun for her, but it’s the only practical way forward.

 

A CCA request is a moot point but won’t hurt – I imagine it would show it is not her signature though. It depends on the answers to the questions I’ve just raised.

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How did she then come to know and what did she do about it when she first found out? (I suspect we can guess the answer to the second limb of that question)

 

As asokn says, the answer to this is crucial. While she could deny ever knowing anything about this until the letters started, I could not condone any dishonest actions. The point at which she discovered this is key. When did he move out? Did he tell her about it? How did he hide the post and conceal the fact? Did she benefit in any way from the money? All important questions.

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she did nothing, stuck her head in the sand and expected it to dissapear, I did keep saying she needed to deal with it properly. So I am wondering what kind of defence I can put in, I assume Stupidity isn't a valid one, does the income and expenditure form need to be filled in?

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Depending on the facts, and I'm a bit concerned you haven't really answered the last few posts trying to extract these facts, your friend could be an entirely innocent victim of fraud. That could be her defence.

 

On the other hand, it appears your friend did know about this debt when the letters arrived as she knew about it when the ex moved out. Also, I'm surprised that you now say that you have been telling her to deal with this when your first post implied that neither of you knew anything about the *actual debt* until the claim form arrived.

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She would certainly benefit from seeing

what she could reasonably pay, but she

is under no obligation to make her I&E

available to anyone else unless ordered

to by a judge.

More detail as to the history of this is

needed otherwise the way forward is greatly

restricted.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Time line that I have been able to ascertain is this1) Partner left in July 20072) Letters addressed to her from MBNA asking for money3) Letters ignored4) Goes to various collection agencies (she cant remember them all), letters opened and returned where she had written on them "I do not know what this is for and has nothing to do with me"5) Link contacts her, she follows item 46) County court summonsThere is nothing else I can add, I have done a CCA rwequest that will go off today and hopefully if it provides an agreement that will prove it is not her, so I think it would be in her benefit for an agreement to be produced

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You've said that she became aware of this when the partner left, so that was in 2007? All this time she has just ignored this fraud or, worse, claimed not to know anything about it?

 

How did she find out? What exactly did she do? I simply cannot believe that she literally did nothing, not even mentioned it to the ex.

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As i said stupidity is not a defense, she literally did nothing I did ask her to do something about it but with all her life pressures (she also has two sick children) she did not treat it with any seriousness. However, it does not change the fact that this is where she is now

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Ok. I’m inferring from what you say that she had absolutely no knowledge of his taking out a credit card on her behalf. Is this the case?

 

Did he admit to her that he had done this? Can she state she KNOWS he did this?

 

If the answer is he told her nothing, and she did not know who did it (but only suspects) then there is a reasonable chance of a defence. But – and it’s a big but – she MUST now urgently report this to the police as identity theft or fraud. Not to do so would cause untold problems.

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