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    • I take it I should redact names, court numbers etc?
    • How climate risk is changing lending decisionsView the full article
    • I understand that the item was correctly declared but the value was under declared. When you enter into any kind of contract, there has to be in agreement as to exactly what is being exchange for what. You agree to pay a certain amount of money for the delivery. They agreed in return for that to carry out the delivery safely – but they also agreed to shoulder a certain level of risk based on your own valuation. This means that the value that you gave for the chair is what they reasonably expected to be the extent of their risk in the event that the item was lost or damaged – or stolen. I'm afraid that by undervaluing it, our view is that you would be unlikely to recover anything more. There is never any advantage in declaring and undervalue. It effectively gives a gift to the service provider because when something goes wrong then that becomes the extend their liability. If you want to try and sue for the proper value then we will be happy to help you but I don't rate your chances. If you want to sue for the undervalue then I think your chances are extremely high. The item was lost – it wasn't damaged. Even if it was damaged, there was no particular suggestion that not being flat packed in some way contributed to the risk of damage but certainly it is impossible to conceive how being flat packed or not flat packed would affect the risk of the chair been lost. In fact in my view, because the item was a large item one would imagine that it would be more difficult to lose it. If you want to continue with this claim either for the full value of the undervalue then we will be happy to support you. Please make sure you've done the reading. I can tell that you've done some reading but I'm afraid the fact that you don't appear to have appreciated the consequence of an undervaluation suggest to me that you haven't read very thoroughly. I think it is important to make sure that you understand the principles of claiming for failed parcel deliveries completely. It will put you in control. It will give you confidence. There is no downside. Do the reading. Post a draft documents here so we can check before you send them off.
    • Incidentally, and for anybody else who visit this thread and in case there is any confusion as to the relationship between the consumer rights act and your contractual rights under the common law: the consumer rights act confers rights on the consumer and obligations on the trader. The consumer rights act does not create obligations for the consumer. The consumer and is at complete liberty to rely on their rights under the 2015 act if they prefer they can simply rely on their rights under the existing common law of contract – which is the alternative route which I have suggested to you. This route would be clean – surgical – and of course Currys probably won't even understand it because they probably rely on a load of paralegal drones in probably the same way that the parcel delivery industry does as well. So if you want some fun, send the warning to Currys. By the replacement laptop elsewhere and then sue Currys for the reimbursement. They won't like it. They will spend many hundreds of pounds more than the cost of reimbursing you in trying to defend the case – and then eventually they will lose. If you decide to do any of this then post the draft letter so that we can have a look. I suggest you don't do anything without checking with us first of all
    • First of all, to go over your rights under the consumer rights act – if a defect manifests itself within the first 30 days you have an unfettered right to reject and demand a refund. If a defect manifests itself within the first six months then you have a right to reject subject to their entitlement to attempt a single repair. If they declined to repair or if the repair fails then you can demand a refund. Second thing is that on the basis of what you say above, you bought a laptop computer for 300 quid and you seem to be saying that because they are going to take a month to repair it you have offered to buy a second laptop for £300. This seems extraordinary so please will you clarify. I understand that the only sticking point is that the laptop they want to sell you would be at £330 and not the £300 which was the cost of your first laptop. What on earth are you proposing to do with two laptops – one of them broken – which presumably it eventually would be repaired? Thirdly, apart from your rights under the consumer rights act, you have rights under the general law of contract – the Common Law. If you have purchased an item which has broken down so thoroughly that you are effectively deprived of substantially the entire benefit of the contract then it can be said that the seller has committed a "fundamental breach" of their contractual obligations towards you. You are then entitled to treat the contract as "repudiated" which means that you can treat the contract as being at an end and then claim all your money back. Of course you've decided to purchase something with Currys. The problem is with Currys is that all of the competition has brought the evaporated. These to be Dixons, Comet, – no doubt many others – and they have all disappeared or have been subsumed into Currys. Separately there are even used to be Currys and PC World. Now they have amalgamated there is no competition so they don't care a damn about you. Why should they? There is a company called QVC. They seem to have an excellent track record. I don't know how their prices compare and maybe they are slightly more expensive but they seem to have remarkable customer service and customer returns policy. I would suggest that in future you look around at them and these to compare the prices. So we would like an explanation please of the mystery of your readiness to spend more money on a second computer. Presumably it means that you need a computer fairly urgently. In that case I would suggest that you write a letter to Currys. Tell them that time is of the essence. That you need the laptop repaired within seven days or else you will accept the fundamental breach of contract and accept their repudiation of the contract and go ahead and sue them for a complete refund plus any ancillary losses – such as the cost of any software that you might have installed or even the cost of any data which might now be on that laptop and which is no longer accessible to you. Once again you are dealing with Currys – so they will either ignore you or simply refuse – so during the seven days you would start looking around for an alternative supplier of the laptop that you need. It must be equivalent in model, make, the power – et cetera nearest equivalent in price. You would then set about purchasing that laptop from an alternative supplier having given a few days notice to Currys that this is what you are doing and then you would sue Currys for reimbursement. This would mean that even Princess if you went to QVC and you found that there nearest equivalent model was, say, £350 – you would sue Currys for the £350. Obviously £300 would be the cost of the damage laptop but in addition to that, the extra £50 would cover the reasonable cost of replacing the broken laptop on a like-for-like basis. In law terms you might describe this as your "expectation loss" in that you expected accomplishing that expectation.
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    • If you are buying a used car – you need to read this survival guide.
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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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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soi called out tooth fairy northern debt marshall hoares


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hi so here goes, where do i begin...........

 

i get a payday loan from TFF it defaults due to a mistake on their behalf and i get hit with all sorts of fees.......im sure you know where im going with this, these fees lead me to being contacted (harassed) by NDR and MHB ive had all of their techniques, emails,sms,phone calls about bailfs court costs blah blah blah..........

 

i decide to google and find CAG within 7 days of reading thread i found out all i need to know about my rights regarding both legal and with comlaints eg, OFT FOS.

 

last night i prepared an email calling out all parties on their flawed polices, i went into great length about the oft rules and regulations that they were breaking so i have complained to the oft and all transcripts had been issued to them, along with numerous breaches of general law including trying to take monies from my bank account without my permission which is classed as stealing.

 

today i receive an email from a 4th party ''payday processing loans'' in response to what i had to say, here it is

 

 

 

 

Dear Mr xxxxx

 

We are sorry to hear that you have a complaint about the service you have received. The company attempts to treat its customers fairly in all circumstances and we apologise if you believe the service you have received falls short of your expectations in any way.

 

Please accept this email as acknowledgment of your complaint. We have 8 weeks in which to try to come to an amicable agreement. If we are unable to come to resolve your complaint in that period, you will receive a Final Written Response. This will set out the company’s final position in respect of your complaint.

 

If you are unhappy with the Final Written Response and wish to appeal further you have the right to make a formal complaint with the Financial Ombudsman Service. You must make sure you do this within six months of receiving the Final Written Response or you may lose your right to ask the Ombudsman to review your complaint.

 

The contact details for the Financial Ombudsman Service are as follows:

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

 

We hope that you find the information contained herein to be helpful and that we are able to resolve your complaint to your satisfaction.

 

I have thoroughly reviewed your file and will block outgoing calls regarding collections. Although the loan was due in full 13th January 2013, we will reduce your outstanding balance from £678 to £364 to close your file. This offer is made in satisfaction of your complaint and contingent on its withdrawal.

 

Please let me know in writing if you accept our offer. Alternatively, please let me know what it is that I can do further to resolve your complaint.

 

I look forward to hearing from you.

 

Yours sincerely,

 

Michael Lapides

Complaints Assistant

Web Loans Processing Limited

 

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

 

 

 

 

entertaining agreed ???? you will notice numerous further breaches of the oft rules and regulations including an offer of reduced debt if i withdraw my complaint absolutely laughable.

 

i immediately responded with yet another email calling them out and using their scare tactics against them for a change email which is as follows

 

 

 

hi Michael thankyou for your quick response this is of great amazement to me as almost all contact i have made has been dismissed immediately.

 

although i have no idea who ''web loans processing'' are im guessing your a part of the tooth fairy finance, northern debt recovery, marshal hoares solicitors family.

 

your email seems sincere enough at first glance (to an uneducated person) but as read it myself i noticed yet another number of statements that once again break oft guidelines/rules and regulations, the main one being you say you are willing to reduce the outstanding debt IF i am willing to withdraw my complaint (this is a big no no tut tut) i cannot wait to update the oft with this one.

 

although i am great full of the information and links you have attached to the email id like to make clear im well aware of all procedures surrounding FOS and OFT when making complaints including response times and time periods in which they must be dealt with.

 

in your email you say you have removed my phone number from being contacted regarding collections yet within an hour of receiving your email i had a text message about a door visit and 4 calls all sent straight to my voicemail as i have blocked your number personally. once again breaching oft guidelines/rules/regulations. i urge you to pass the message on to your colleagues in the next office at TFF NDR and MHS to remove my contact details and respond to me via email/written form as their continuous harassment will only be logged and used in court if and when you do decide to take me.

 

you fail to acknowledge my notification of the removal of your right to a door visit, i once again reiterate my statement that your visits are unlawful as i have clearly stated i wish to resolve the matter via email or in writing, i state again any individual/s who attend my property will be asked to leave failure to do will result in my local police authority attending and removing the individual/s.

 

i have also received an email from NDR today in response to me requesting a copy of my original loan agreement that i electronically signed as well as proof of who actually owns the debt as i have been contacted by TFF and NDR in the last week regarding payment of the debt, this email stated only that a copy of my agreement has been sent out to me via post, so i ask you yourselves to once again send me proof of who actually owns the debt.

 

as for your offer of reducing the debt i will make it clear once again i am not willing to pay more than the original loan fee plus one months interest equating to £272 even if you do agree to this i will not be withdrawing my complaint although i will make clear to FOS and OFT that you were very helpful in resolving the issue once i had opened the dispute with you.

 

if however the dispute remains unresolved after the 8 week period i will not be waiting 6 months to continue with my complaint and i will begin legal proceedings myself against all bodies at TFF NDR MHS and WLP involved with all court costs and solicitors fees being reclaimed from said bodies.

 

i once again thankyou for your hasty response and wait in anticipation for your response.

 

yours

 

xxxxxxxxx

 

 

i cannot wait for their reply but in the mean time i would like to see what you guys think of my approach, its just im not a tool and i will not be bullied by these mugs they have gotten away with it for far too long extorting monies from individuals who are desperate but do not know what they are entering into when dealing with these creeps.

 

ive been greatly inspired by your threads and offer great thanks for the information you have made available for us unfortunate individuals who have had to resort to these pay day loans/loan sharks

Edited by ynwajj
removed my name
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so i called out tooth fairy northern debt marshall hoares

hi so here goes, where do i begin...........

 

i get a payday loan from TFF it defaults due to a mistake on their behalf and i get hit with all sorts of fees.......im sure you know where im going with this, these fees lead me to being contacted (harassed) by NDR and MHB ive had all of their techniques, emails,sms,phone calls about bailfs court costs blah blah blah..........

 

i decide to google and find CAG within 7 days of reading thread i found out all i need to know about my rights regarding both legal and with comlaints eg, OFT fos.

 

last night i prepared an email calling out all parties on their flawed polices, i went into great length about the oft rules and regulations that they were breaking so i have complained to the oft and all transcripts had been issued to them, along with numerous breaches of general law including trying to take monies from my bank account without my permission which is classed as stealing.

 

today i receive an email from a 4th party ''web loans processing ltd'' in response to what i had to say, here it is

 

 

 

 

Dear Mr {edit)

 

We are sorry to hear that you have a complaint about the service you have received. The company attempts to treat its customers fairly in all circumstances and we apologise if you believe the service you have received falls short of your expectations in any way.

 

Please accept this email as acknowledgment of your complaint. We have 8 weeks in which to try to come to an amicable agreement. If we are unable to come to resolve your complaint in that period, you will receive a Final Written Response. This will set out the company’s final position in respect of your complaint.

 

If you are unhappy with the Final Written Response and wish to appeal further you have the right to make a formal complaint with the Financial Ombudsman Service. You must make sure you do this within six months of receiving the Final Written Response or you may lose your right to ask the Ombudsman to review your complaint.

 

The contact details for the Financial Ombudsman Service are as follows:

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

 

We hope that you find the information contained herein to be helpful and that we are able to resolve your complaint to your satisfaction.

 

I have thoroughly reviewed your file and will block outgoing calls regarding collections. Although the loan was due in full 13th January 2013, we will reduce your outstanding balance from £678 to £364 to close your file. This offer is made in satisfaction of your complaint and contingent on its withdrawal.

 

Please let me know in writing if you accept our offer. Alternatively, please let me know what it is that I can do further to resolve your complaint.

 

I look forward to hearing from you.

 

Yours sincerely,

 

Michael Lapides

Complaints Assistant

Web Loans Processing Limited

 

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

 

 

 

 

entertaining agreed ???? you will notice numerous further breaches of the oft rules and regulations including an offer of reduced debt if i withdraw my complaint absolutely laughable.

 

i immediately responded with yet another email calling them out and using their scare tactics against them for a change email which is as follows

 

 

 

hi Michael thankyou for your quick response this is of great amazement to me as almost all contact i have made has been dismissed immediately.

 

although i have no idea who ''web loans processing'' are im guessing your a part of the tooth fairy finance, northern debt recovery, marshal hoares solicitors family.

 

your email seems sincere enough at first glance (to an uneducated person) but as read it myself i noticed yet another number of statements that once again break oft guidelines/rules and regulations, the main one being you say you are willing to reduce the outstanding debt IF i am willing to withdraw my complaint (this is a big no no tut tut) i cannot wait to update the oft with this one.

 

although i am great full of the information and links you have attached to the email id like to make clear im well aware of all procedures surrounding FOS and OFT when making complaints including response times and time periods in which they must be dealt with.

 

in your email you say you have removed my phone number from being contacted regarding collections yet within an hour of receiving your email i had a text message about a door visit and 4 calls all sent straight to my voicemail as i have blocked your number personally. once again breaching oft guidelines/rules/regulations. i urge you to pass the message on to your colleagues in the next office at TFF NDR and MHS to remove my contact details and respond to me via email/written form as their continuous harassment will only be logged and used in court if and when you do decide to take me.

 

you fail to acknowledge my notification of the removal of your right to a door visit, i once again reiterate my statement that your visits are unlawful as i have clearly stated i wish to resolve the matter via email or in writing, i state again any individual/s who attend my property will be asked to leave failure to do will result in my local police authority attending and removing the individual/s.

 

i have also received an email from NDR today in response to me requesting a copy of my original loan agreement that i electronically signed as well as proof of who actually owns the debt as i have been contacted by TFF and NDR in the last week regarding payment of the debt, this email stated only that a copy of my agreement has been sent out to me via post, so i ask you yourselves to once again send me proof of who actually owns the debt.

 

as for your offer of reducing the debt i will make it clear once again i am not willing to pay more than the original loan fee plus one months interest equating to £272 even if you do agree to this i will not be withdrawing my complaint although i will make clear to FOS and OFT that you were very helpful in resolving the issue once i had opened the dispute with you.

 

if however the dispute remains unresolved after the 8 week period i will not be waiting 6 months to continue with my complaint and i will begin legal proceedings myself against all bodies at TFF NDR MHS and WLP involved with all court costs and solicitors fees being reclaimed from said bodies.

 

i once again thankyou for your hasty response and wait in anticipation for your reply

 

yours

 

(edit)

 

 

i cannot wait for their reply but in the mean time i would like to see what you guys think of my approach, its just im not a tool and i will not be bullied by these mugs they have gotten away with it for far too long extorting monies from individuals who are desperate but do not know what they are entering into when dealing with these creeps.

 

ive been greatly inspired by your threads and offer great thanks for the information you have made available for us unfortunate individuals who have had to resort to these pay day loans/loan sharks

Edited by BRIGADIER2JCS
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If that is your real name in the post, please edit it out. It could have repercussions for you and this website.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi

 

Something else to complain to this outfit about is that you have made a formal complaint which they have acknowledged but have failed to provide you with a copy of their "Complaints Procedure".

Edited by citizenB

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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  • 2 weeks later...

just a quick update, after over a week of letting NDR stew over my emails ive had no calls, threatening texts or emails i even got a text off tooth fairy offering me a new loan as a loyalty bonus !!!!! hilarious !!!!

 

today i emailed them as im yet to receive any of the info i requested, proof of ownership or a copy of original credit agreement, so i made them an offer of £300 to close the file.

 

i cant be bothered waiting around and want this issue put to bed, you will notice the £300 is only £28 more than my original offer of £272 (loan fee plus one months interest) as the debt currently stands at over £700 i today with great shock i received an email accepting my offer after a further response from me i have an email from NDR stating £300 will be enough for the to completely close the file and that will be the end of it.

 

although its more than i wanted to pay im happy as i see it as a victory for the little man without having to deal with oft fos or the courts, basically my idle threats were enough to scare them, i have never contacted oft or my local police authority, i have simply used the advice available on this website to twist TFF NDR MHB game on its head.

 

id once again like to thank you all

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Please contact the OFT and make a full complaint outlining what you have done and what they have done. If you don't, then this "industry" will never get cleaned up.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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