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    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
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I see from a quick search on here that Shiply Limited, come up time and time again for the same problem I have recently had with them. Basically, I needed a car transporting from Somerset to Lancashire. I used Shiply to get a quote and accepted a reasonable quote from a transport provider (£175 - which is neither ridiculously cheap nor expensive). For this Shiply took a deposit and fee.

Since then, the transport provider wasn't able to collect the car on 2 occasions, first time his clutch was being replaced and the second time he was having a new engine fitted (he proved this by sending copy of invoice for engine). I have no problem with that. Things go wrong sometimes. As the car had to be back by a deadline (late return was going to cost me around £500), the transport provider informed me he couldn't do the job so I asked Shiply for a refund. This is where it all goes badly wrong. Shiply refer to their user agreement that states :-

 

7 CANCELLATIONS

 

7.1 If a Job is cancelled by a Successful Transport Provider AFTER a quote was accepted but BEFORE any work on the Job commenced (a "Cancellation") the user may seek to file a "Cancellation Request" and have the Deposit and/or Auction Service Fee returned to their Shiply account as credit. Shiply does not offer refunds of deposits or auction service fee payments, instead a credit policy applies. A cancellation request must be filed within 28 days of quote acceptance, requests made after this time will be invalid. If a cancellation request is accepted (see 7.x clauses below), credit will be applied to the user's Shiply account in the amount of the Deposit + Auction Service fee already paid. This credit may be used to accept future quotes on Shiply within 6 months of the "Cancellation Request" date. After a period of 6 months from the date of the "Cancellation Request", this credit will expire and be un-usable. Shiply credit is non with-drawable / refundable and may only be used for accepting quotes on Shiply.

 

 

Now forgive me if I am wrong, but I always believed the Sale of Goods and services act 1982 prohibits any term that says - No refunds. This also breaches Trading standards rules and Shiply do not have the right to add any term that reduces your rights below minimum statute.

 

Shiply have flatly refused to cooperate, have closed my dispute after just posting their terms and conditions to it, refuse to reply or respond in any way.

 

I have been forced to take the following action:

1. Formal complaint to trading standards

2. Formal complaint to Consumer Advice service (a.k.a CAB and the OFT)

3. Dispute via paypal to get my refund that way

4. Formal complaint to ASA

 

It seems to me that Shiply do not have any concern for either the consumer nor the law. They seem to be confused in their terms and conditions as to who pays the fee as they state that ''We charge a success fee (the "Fee") to Transport Providers who have secured a Job'' - yet they charge that to the consumer by adding it to the quoted price and the transport provider receives the deposit less the fee and then requests the consumer to pay the difference between his quote and the amount he received from Shiply. As a result the consumer has been charged the fee entirely.

 

Basically Shiply seem to be turning what should be a great concept into a travesty of consumer rights, protection and law.

 

Oh, I got banned (censored) from posting this comment on their facebook page - no surprise there

 

I would encourage anyone else who has suffered problems with Shiply to complain to trading standards and OFT. Remember, you have up to 6 years to reclaim your money from them, so if it was a while ago, you still have time

 

I invite any Shiply director to comment on this - but notice that board administrators on here have also made that offer to them and they don't seem to feel it necessary to respond to them either.

 

I would love to hear from others on these forums who have suffered similar misery with Shiply and especially from anyone that got a refund. I understand there will be people who have had good experiences with Shiply, but you only really find out about a companies consumer policy when things go wrong

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Same thing happened to me last week. They're still at it - I also intend to chase this as far as I can - did you get your money back eventually? I even had an email from them saying "congratulations" we are lodging a credit in your account (because no delivery had been made) for use in the next 6 months - as if I would ever use them again. If it wasn't my money being wasted it would be funny. My advice is keep well away from them.

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Smolar, how did you originally pay? If it was by debit/credit card then you can likely contact your card provider and issue a chargeback against Shiply. This will bypass any policy Shiply has as the card provider will simply take the money back.

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I used Paypal and have asked them to get involved, thanks for yuor tip re credit card though. Useful for future transactions.

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Still Shiply choose to ignore this

 

Shiply are behaving illegally.

They claim my deposit is non-refundable and only offer a credit note. (unlawful)

7 CANCELLATIONS

7.1 If a Job is cancelled by a Successful Transport Provider AFTER a quote was accepted but BEFORE any work on the Job commenced (a "Cancellation") the user may seek to file a "Cancellation Request" and have the Deposit and/or Auction Service Fee returned to their Shiply account as credit. Shiply does not offer refunds of deposits or auction service fee payments, instead a credit policy applies. A cancellation request must be filed within 28 days of quote acceptance, requests made after this time will be invalid. If a cancellation request is accepted (see 7.x clauses below), credit will be applied to the user's Shiply account in the amount of the Deposit + Auction Service fee already paid. This credit may be used to accept future quotes on Shiply within 6 months of the "Cancellation Request" date. After a period of 6 months from the date of the "Cancellation Request", this credit will expire and be un-usable. Shiply credit is non with-drawable / refundable and may only be used for accepting quotes on Shiply.

 

 

They claim that the deposit is the transport providers fee yet state they send this to the transport provider (untrue)

 

6.1 Shiply is free to join either as a transport provider or user and it is free to request quotes. We charge a success fee (the "Fee") to Transport Providers who have secured a Job ("Successful Transport Providers"). A Job will be considered to be secured if after quoting, messaging or contacting the User via the Site a Transport Provider is paid the Deposit (as defined hereafter).

………..

6.5 As a User, when you accept a quote, you will pay a deposit in the amount of the Fee (the "Deposit") into your Account which is immediately transferred to the Successful Transport Provider's Account from which we then debit the sum as payment of the Fee.

 

Why do Shiply refuse to refund me. Why won't they even correspond.

 

I have now raised this with the BBC Ripoff britain program and have also mentioned that even CAG is full of complaints about Shiply. Yet no-one seems to bother to do anything.

 

Comon Shiply, behave lawfully. You are xxxxxxx

Edited by ploddertom
Removed 1 word

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personally enough messing with them

 

LBA then small claims


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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This company is a joke.

 

1. Charged Paypal fee on all transactions, then hiding them on VAT invoices.

 

2. Refund only in credit, not the Paypal fee that was already against Paypal policy.

 

3. VAT invoices had all the columns messed up, can't even put down the correct

net value on each transaction.

 

4. Company office in London is a forwarding address, customer phone support is cut off, users are left with Email communication, the rep does not understand how to calculate VAT amount and just use stock answer and click reply regardless what I write.

 

Avoid at ALL costs.

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Lets hope the Shipley rep now steps in :)

 

Andy

 

Looks like the Shiply rep isn't interested

 

Shiply completely ignore all communications and the one brief time I got to talk to one of their reps, they basically said that if I wanted to go to all the trouble of a small claims court for £50 and risk facing their legal fees, and they will seek recompense of them and they would be ''huge'' fees to quote the guy, then that's my risk

 

So anyone thinking of using Shiply, take my advice and those of fellow forums consumers and avoid them like you would a nasty virus. :-x

 

Shame that their rep on here couldn't bother to reply. Guess they don't take CAG seriously do they

Anyone from CAG care to comment ? Because I feel this is a classic example of a consumer being treated as all alone and therefore the companies feel they can completely ignore the law. :sad:

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Rep status is granted on the understanding that companies will come here and engage with their customers.

 

A company which goes through the verification process and then fails to do so speaks volumes about what that company thinks about it's customers.

 

CAG company rep status can, of course, be removed and that is something that we will consider.

 

CAG cannot forcer companies to post on the forums but again it speaks for itself if they choose not to and members will draw their own conclusions from this lack of engagement.

 

Nothing that goes on with CAG prohibits people from taking their own actions and those that feel that court is appropriate route to resolve issues will receive help and advice on CAG in that respect.

 

These cases will be small claims track and therefore the alleged statement made by one of Shipley's phone reps about costs (referred to in an earlier post) is nonsense.


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Re: Refund of Shiply Deposit.... I have a similar problem with Shiply - Not sure if I need to start new thread???

 

I paid my deposit and was given courier details, I had no contact from courier therefore I rang them on the number I was given by Shiply. The person who answered knew nothing of being a courier and had never heard of Shiply!

 

I needed a much wanted item eBay moving, after having no contact from the alleged courier I contacted Shiply on 0845 862 0346 option 2 and spoke to someone called Miss X. I told her all about the "courier", and she said she would relist my need for a courier. I told her I needed to collect the item myself as my seller was indeed unhappy that it had not been collected and was well within he's rights to cancel my purchase and relist the item I really wanted as it had been getting on 2 weeks now and the job needed to be done now.

 

I couldn't wait to find another courier, Miss X then agreed with this and said she'd send me a "claim form" - this turned out to be just a link to the shiply website, and when trying to use the claim service it basiclly does not work - I beleive it's programed this way so Shiply just give us the run around. I called again and Miss X said she would just refund the deposit - great I thought until she added the words "into your Shiply account" meaning I would have to use shiply's wonderful services again to get my deposit back!

 

I told her I want my money paid back into my bank account. She just kept saying it will go into your Shiply account. I told her I didnt want to use Shiply again and to pay my money back - she refused. I WONDER IF SHIPLY ARE MAKING UP BOGUS COURIER SERVICES KNOWING THAT THEY WILL KEEP THE DEPOSITS? THIS COMPANY NEED TO BE INVESTIGATED. THEY ARE [EDIT]! I will not give up - I will get my deposit back even if I have to go to their office which is at 3rd floor, 207 Regent Street. London W1B 3HH Aparently -

Edited by ims21
Editing and formatting

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we had a problem with shiply .booked a deliver to portugal and guy turned up in the wrong size of van !too small went away and said he was going to hire a bigger one /never saw him again /re posted shipment on shiply ( mainly as they would not refund deposit )and second offer asked for all the money up front so we cancelled with shiply and then the man from 4motionfreight phoned and pleade with us to go ahead as he told me he had booked the ferry etc so we paid a £400 deposit and the they never turned up ! they have refunded £250 but will not refund the rest as they say WE cancelled

shiply will have nothing to do with it and I personally feel it is fraud but am struggling to win here any advice ?I have reported it to actionfraud etc etc but what a con

Carol Campbell

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I have also been having problems with Shiply. I accepted a quote via Shiply, paid the deposit of £29.37 on 11 April, and the courier collected my goods (a Victorian kitchen table) on 19 April. Ever since, I have been waiting for it to be delivered. The courier has given me a variety of excuses, from losing my details to being knocked over and hospitalised, to his computer crashing, to having a neck strain... At first I gave him the benefit of the doubt, but now he isn't answering his phone or responding to the messages I've left. Shiply have also tried contacting him but have had no response either. It looks like he has stolen my table (for which I have paid the Ebay seller £160).

 

This is bad enough, but Shiply are refusing to refund any of the £29.37 I've paid them. They will only credit it to my Shiply account, as others have found. As if I'll use them again! They have told me they can't help me regarding the (probable) theft and won't refund my deposit.

 

Definitely a 'service' to be avoided!

 

Jane

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for all people fed up with shiply..HSBC gave them a huge grant..do they know they gave such a company money ???

head mans name is Stuart Gulliver maybe some letters would not go amiss

Edited by stu007

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Hi carol

 

I have edited your post, could you please be careful in future.


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I have written to the head of HSBC as they did give shiply a grant of 50.000 and quite frankly I think shiply do not deserve this money as they are misleading people out of money,and as a very respectable bank I think HSBC should be more careful who they give grants to carol campbell

Edited by citizenB

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Since Shiply don't seem to want to engage with their customers here, their account has been deactivated.

 

I will leave members to draw their own conclusions as to what this says about this particular company and how they value their customers.


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Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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This is a barefaced [problem]. Once I paid the deposit, all communication with Shiply was turned off and all quotes were false. One carrier I did get through to, told me that my deposit went to Shiply and not him and that he couldn't do it for the price quoted and then said "I won't take your pants down". Then he told me I was being abusive and put the phone down.

Clearly, all delivery drivers, van owners etc involved with Shiply know what's going on because I got more than one "irresistible" quote which vanished after the deposit was paid.

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The only really useful advice I can offer is that anyone who has had a problem with Shiply should file a complaint with Trading Standards online. The more complaints they get the more likely they will be to take action. If they (TS) take them to court a judge could order them to fully refund anyone that didn't get their transport fulfilled. I know - ever the optimist !!

 

Also it is worth noting that a journalist from a very well known consumer program is monitoring this thread. I have already chatted several times to a research journalist from them who contacted me via this thread and it may yet be likely they will run a full feature on Shiply if they see the thread has enough consumers ripped off. I hope it happens.

 

If anyone else would be willing to talk to them then comment and if they go ahead with an investigation they will likely contact you they way they did me via the pm button

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Please read my thread. And I am contacting trading standards tomorrow this rip off company needs sorting out

The only really useful advice I can offer is that anyone who has had a problem with Shiply should file a complaint with Trading Standards online. The more complaints they get the more likely they will be to take action. If they (TS) take them to court a judge could order them to fully refund anyone that didn't get their transport fulfilled. I know - ever the optimist !!

 

Also it is worth noting that a journalist from a very well known consumer program is monitoring this thread. I have already chatted several times to a research journalist from them who contacted me via this thread and it may yet be likely they will run a full feature on Shiply if they see the thread has enough consumers ripped off. I hope it happens.

 

If anyone else would be willing to talk to them then comment and if they go ahead with an investigation they will likely contact you they way they did me via the pm button

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I have just been ripped of twice with this company and have raised a dispute with paypal as well and as I pay paypal with my master card I will be going down that roust as well if I don't get a refund after there sub contract couriers failed to turn up one never even got in roach after I accepted his quote they had the cheek to say I can only use the refund on there site and you have to do so in six months as if I would be daft enough to try that a third time.. The commission they take in advance of any service must boulder on fraud when you read how many people find that the firms they thought they were hiring are not there and using throw away SIM cards from asda and like. I would encourage everyone not to give up as they must be making more money out of the refunds that are not used than giving a proper service and paypal and eBay need to get involved as it will put people off using there services as well

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I seem to be having the same problem with Shiply, can’t get my deposit refunded. I have read here and on several other forums of people trying to get redress through Paypal dispute. I tried this it took Paypal a month to tell me as I purchased a service and not an item I’m not entitled to redress and the dispute is closed. I was wondering if anyone else has had any success in getting a refund through Paypal.

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I seem to be having the same problem with Shiply, can’t get my deposit refunded. I have read here and on several other forums of people trying to get redress through Paypal dispute. I tried this it took Paypal a month to tell me as I purchased a service and not an item I’m not entitled to redress and the dispute is closed. I was wondering if anyone else has had any success in getting a refund through Paypal.

You can appeal to paypal about it being closed or take it up with visa or mastercard ect if you pay paypal that way.

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has shiply changed its T & C's by the way?

 

7.1 If a Job is cancelled by a Successful Transport Provider AFTER a quote was accepted but BEFORE any work on the Job commenced (a "Cancellation") the user may seek to file a "Cancellation Request" and have the Deposit returned to them either as Credit to use on future Shiply deposit payments or a direct Refund to the funding payment method used. A cancellation request must be filed within 28 days of quote acceptance, requests made after this time will be invalid. If a cancellation request is accepted (see 7.x clauses below), the user can choose to receive either a Credit or Refund and this will be issued in the amount of the Deposit already paid.


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Have used Shiply since it first started, had a nightmare recently with a company with absolutely no comms. Had to relist delivery! Need a refund for first agreement as delivery company were deadbeat! Ended up agreeing through Shiply with someone else who has collected and delivered for me before - here is my mail to shiply (BTW HAVE SPENT AN HOUR QUEUEING ON SHIPLY PHONE NUMBER OVER 2 DAYS AND NOT GOT THROUGH TO ANYONE

 

Hi,

 

On sunday I put up a delivery on your site, I had several quotes and then accepted on on basis that the collection would be Wednesday or Thursday. By Wednesday despite calling emailing and trying other numbers no one had contacted me. When I spoke to someone, she said I was not on the list for yesterday or today. She called the driver and he had no knowledge of the job.

 

I tried to call you at Shiply, but waited 35 mins and was in a queue.Then I tried again this morning and queued for about 10 mins and had to go to work.

 

I then got an email from the collection agent saying he would collect. I said the seller did not know he had to be in and why hadn't they returned any calls emails and the reception girl said she had no knowledge of collection and nor did driver who she called.

 

I need to cancel this job asap as I have found someone else I used before who emailed me when i put the job up on shiply again. The rogue person who did not confirm or get back to me was TFlogist1 (1571) I need a refund as someone else has now collected via shiply.

 

Thank - you

 

sarah

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