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    • @Tartan Barty   Tartan Barty's Content (consumeractiongroup.co.uk)    
    • Yes, you're right - hoping they would just do the right thing I guess. So template if not a business would be    Dear   [Reference: (Your products and service)   I am writing to complain about the service you provided when [describe].   We agreed that the service would be performed on (date) However (description of what happened) It has now become apparent that the service you have provided is deficient in the following respects [describe].   Section 49 of The Consumer Rights Act 2015 requires you to carry out your service with reasonable skill and care. The problems described above show that you failed in your legal obligations. I therefore have a claim against you for breach of contract.   As a result of the incident I have suffered consequential losses, which you are liable to compensate me for. These losses are [value/details].   Section 57 of The Consumer Rights Act 2015 prohibits any terms and conditions from restricting a consumer’s rights under the Act.   Under The Consumer Rights Act 2015 remedies for breach of contract must be performed within a reasonable amount of time, without significant inconvenience to me, and whilst the company bears all necessary costs.   I therefore look forward to receiving your reply within the next 14 days.   So could it be  Letter of Claim.   **** – TTL - is claiming £541.89 from Parcel2Go.com Ltd, trading as DPD-Local-Online.co.uk  - DPDLO. This is to cover the costs of TTL having to send a replacement parcel to a customer, as a result of DPDLO refusing to provide the delivery information (courier company and local tracking number) required for TTL to refute a non-delivery claim by the customer. Parcel sent August 20 2020 and delivered August 28th 11.30am (according to DPD tracking)    The customer contacted TTL in September to confirm non-delivery. TTL contacted DPDLO to obtain their information on the shipment, and they raised a Case, and subsequently attempted to close the Case : We’re pleased to let you know that your parcel DPD4227962 has been located. This enquiry has been closed as your parcel has received new tracking events or has been delivered.   TTL asked DPDLO by email for the details behind the above – who made the delivery, where to, who to – obviously basic information needed to check the School’s claim for non-delivery, and which would be expected to be readily available from the DPDLO records.  Despite numerous repeated email requests, DPDLO consistently refused to give TTL this information, and also declined to give TTL information to enable direct contact with the local courier who actually made the delivery on behalf of DPDLO.   Without this information it was obviously impossible for TTL to refute the School’s claim for non-delivery.   Even when, Dec 2nd, DPDLO confirmed that DHL was the local courier, they declined to give TTL the DPDLO / DHL tracking number that would have enabled DHL to identify the delivery.   As a direct result of DPDLO’s refusal to provide the perfectly reasonable information requested, confirming the delivery to the School, TTL is unable to refute the School’s claim for non-delivery, and is left with the full cost of sending a replacement parcel to the School.   The detailed claim comprises AU Customs Declared Goods Value £ 425.00 and shipping £116.89 I look forward to receiving your reply within 14 days.     
    • as said before you NEVER ring a DCA or their dogs ever ..they will LIE TO YOU.   trustonline.org using your old name and address. get the CCJ numer then go ring northants bulk as advised earlier.    
    • Also I suggest you visit all of the treadmill pages on the sweatband.com website and download a copy of the page for each model and also download a copy of the instruction manual.   I suggest that you do this urgently For instance, I notice that this model https://www.sweatband.com/nordictrack-t8.9b-treadmill.html makes absolutely no references to garages on the website – but the manual at page 4, paragraph 5 is unequivocal that the treadmill must not be kept in the garage. It is expressed in far more restrictive terms than the warning which is given in the instruction manual for your model. Once again, because the instruction manual is not part of the contract, it's quite amazing that sweatband.com are completely silent on the issue of using the garage despite the very forbidding terms in the manual. I have to say this does make me slightly suspicious as to when the relevant passage for your model was added. However, we have no evidence.    
    • Clearscore Only uses data from Equifax.  Ideally you want to see all 3 reports i'd recommend checkmyfile.com 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

contant calls from Aktiv Kapital re MBNA debttoo


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Does it mention any other document in those Ts & Cs?

 

Yes....it starts off with a box about 'Financial & Related Conditions' with a box below about 'Loss or Misuse of Credit Card'. Below that it says.......

'Set out in paragraphs 1-12 below are some of the provisions contained in Conditions 8 and 9 of the MBNA Credit Card Terms & Conditions. The other conditions referred to in those paragraphs and the applicable definitions can be found in those Terms & Conditions'.

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Have those Ts & Cs been provided?

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I don't think so because I haven't got them and as I said earlier I tend to keep everything especially T&C's. I do have some more recent letters with amendments to T&C's

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  • 2 weeks later...

I'm still wondering how to reply to Aktiv. I'm thinking of doing an up to date budget sheet from the CCCS (Stepchange now) and offer Aktiv a monthly payment as per CCCS calculations. I imagine that, due to my income, the payment will be very little or maybe even just a nominal payment. Is that the best way to proceed as I'm not in a position to repay this debt - as I posted at the beginning it's actually my son's debt but he's done a runner and the card was in my name :(

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Without those Ts& Cs mentioned then reject the CCA before considering payment.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Without those Ts& Cs mentioned then reject the CCA before considering payment.

Does that mean you think the debt's unenforceable without proof of ever receiving a separate booklet or something on T&C's? I'm sorry if I appear thick but this is all new to me. I'm not trying to shirk out of it and would negotiate a full & final settlement if and when I can take my pension. I've just done a current Stepchange budget sheet and it shows there's no income left for payments so I'd only be offering a nominal £1 a month to Aktiv. As I'm disabled and not able to work my income is never going to vary much.

 

PS. thanks so much for all your help.

Edited by Bob Spiers
to add PS
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H Bob,

 

Look at it this way they have failed to provide ALL the relevant Ts & Cs so there is a lever for you to get a far better deal if you make an F & F offer.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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H Bob,

 

Look at it this way they have failed to provide ALL the relevant Ts & Cs so there is a lever for you to get a far better deal if you make an F & F offer.

Thanks I see what you mean. Is there a template letter I could use? I'm having a look at the template letters but I can't see one. I like the 'Ask creditors to write off the debt due to your circumstances' one. I'd love to send that but somehow I don't see them agreeing :-D

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No nor can I see a write off but perhaps a beneficial deal on F & F, don't worry on a template I'll draft a letter for you later today.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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looked at £12 penalty charges & PPI bob?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...
No nor can I see a write off but perhaps a beneficial deal on F & F, don't worry on a template I'll draft a letter for you later today.

I'm sorry to be a nuisance but I was wondering if you'd had a chance to do this yet? I haven't replied yet but really need to plus they chased me for e reply a few weeks ago. Thanks again, your help is much appreciated.

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Sorry Bob, been have some computer problems, missing posts and message been trying to catch up.

 

Ok has there been any further contact regarding this from AK or anyone else, do you wish to go ahead with a F&F settlement.

if so what do you want to offer?

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry Bob, been have some computer problems, missing posts and message been trying to catch up.

 

Ok has there been any further contact regarding this from AK or anyone else, do you wish to go ahead with a F&F settlement.

if so what do you want to offer?

 

Thanks for getting back to me. The only contact, since the earlier posts, was a letter from AK on 18/6/2013 saying 'in order for us to conclude the queries raised we do need to hear from you as requested'.

 

I won't be in a position to offer a F&F till I can take my personal pension which will be several years away yet. I was intending sending AK an up to date budget sheet from the Stepchange website. It would show that I don't have any surplus income/funds but I was thinking that although there's no funds, I'd offer a nominal £1 a month payment :|

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