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    • Congratulations. I have a very similar case open against EVRi whereby I sold a watch on eBay and it never arrived. They are claiming that my contract is with Packlink, much as they did in your case. I have read this entire thread and while the legal language and specifics are a little daunting in all honesty, It's very pleasing to see that you were successful with your claim.  Thank you also for posting your WS and bundle which, if my mediation is unsuccessful, will become very useful for me.
    • My partner has gone ahead and sent the following so I’m hoping it’s worded correctly.    Vehicle registration number:.  Finance agreement –   As you know, the vehicle which I purchased from Doves Horsham on 29/9/23 and partly financed by Santander credit agreement has shown signs of water ingress and body corrosion.   We have raised the matter with Santander finance company who informed us that we would need to establish that the defect was there at the time of purchase.   I can now tell you that the cause of the water ingress was caused by incorrect sealant being used to fit the replacement windscreen and it is obvious that this situation existed at the time of purchase. In any event, I am entitled to purchase a vehicle which is in satisfactory condition and remains that way for a reasonable period of time. Clearly a Mercedes vehicle costing £21,000 should not be allowing water to enter the vehicle and should certainly not be rusting away for many years.   The Mercedes dealership at Croydon have carried out a detailed analysis and I am supplying you with a copy of their report which confirms what I have said above. Furthermore I have obtained a quotation for the full cost of repairs which includes replacement sealant, repair of corrosion, replaced components that were affected and water testing so that the vehicle is returned to the condition that should have been in when it was sold to me.   On this basis I hold you responsible for the cost of repairs which are £3301.48 including a 10% discount (£3653.28 before discount) - As a result of your breach of contract.   I have been without the vehicle for 5 weeks so far and as you can imagine this cannot continue. I require confirmation that you will  be covering all costs incurred to fix this fault.    I look forward to hearing back from you  within 2 days however, given the urgency of the situation and the fact that the vehicle is now ready for collection from Mercedes, a sooner response would be appreciated
    • Yes in hindsight that would have been the best course of action but due to Mercedes taking 4 weeks with misdiagnosis (which were initially classed as wear and tear - battery & fuses) and then correctly identify the problem we had no choice but to go ahead and agree to works being done.   
    • SERVICE BY EMAIL Rules 6.3(1)(d) and 6.20(1)(d) of the Civil Procedural Rules (“CPR”) allow service by email of claim forms and other documents; these Rules are supplemented by Practice Direction (“PD”) 6A. In accordance with PD 6A.4, in order for service by email to be valid, the recipient party must have previously indicated in writing to the party serving that they are willing to accept service by electronic means and provided a fax number, email address or other electronic identification to which it must be sent. The PD also requires the sender to ask if there are any restrictions on the size of documents that can be received by email.   .
    • NO EMAIL. Not only for the reasons outlined above. CPR Rules state that PAPLOC's can't be served by email unless you give them express consent to this (just giving them your email address is *not* express consent), meaning that they have to be served by post. Either way, a court claim can't arrive by email either. The courts will send that by post. They'll file it to your old address and you'll have no idea until a couple months later when all of a sudden a CCJ is on your credit file because they've obtained what we call a backdoor CCJ. In easier terms, stick to proper post for legal/contractual disputes.   In this case, ignore entirely. That is more useful for more "normal" private parking invoices.   
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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
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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
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Paying Carter for Arrows on old Orange account


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Hi,

 

About 4 years ago, I had an orange account which to my knowledge has been paid in full and was closed.

 

About a year ago, AG and BC started tagteaming with one another sending me various threatening letter. After about 5 letters asking for the final bill, and after a barney on the phone, I finally got one.

 

The dates fall CLEARLY outside of the contract dates, as I only had a 1 year contract.

 

Can I demand to see the original contract? both AG and BC both say that "they do not have to send it as the bill is enough".

 

orange won't talk to me as they seem to think that the bill has been cleared, but the date of the latest bill is only from a few weeks ago.

 

Can someone advise me as to what I should write and to who? I'm getting a little tired of the two bouncing this issue between themselves and I'm about to put a stop to it.

 

Regards,

 

Adridude

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I'm not concerned about the calls. If you have a look at my useful comments in the past, I pretty much nailed that on the head.

 

My wonders are:

 

1) What letter do I write them to get the contract out of them. (I no longer have these due to a house fire which was confirmed as my neighbours fault)

2) Can I charge them admin fee's? i.e. they contact my COMPANY number as I'm a listed Director now and they use that.

3) Seeing as the debt has been passed on to a FOURTH, not third party (i.e. orange -> arrow -> BC), can I disregard this as I have NO formal agreements with Arrow nor BC. From what I understand, the debts have now been sold on and are no longer linked to my original orange account. Does this deem me liable for them?

 

Thanks

 

AdriDude

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Can I legallyt ask for a CCA contract request? They've bought the contract off of orange, i.e. not a bank or CC company?

 

I didnt realise the Credit Consumer Act applied to them?! (and can you confirm, that the one you mean is the "Letter N" under the templates section of the forum?)

 

 

Cheers

 

Ade

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Hi, Ade.

 

Send a SAR to Orange, this will let you know the score regarding payments made on the account ect.

 

Not much point in sending a CCA, have a look at Buzby's 'sticky'.............

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?70464-Mobile-Phone-Companies-amp-Consumer-Credit-Act-%28CCA%29

 

Regards.

 

Scott.

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No criticism Baz.

 

 

From me neither, I've made loads :-)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Which is the best letter to send them? From previous attempts they refuse to send them.

 

Is there a more defined one which outlines which law's etc... they need to comply with by sending contracts as proof?

 

Thanks

 

Adrian

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  • 1 year later...

It appears that they TOTALLY ignore (still) all requests for any contracts. Hers's my issue..

 

1) I've asked for a contract, as I don't remember signing anything that allowed anyone else to take over any accounts and hold my credit report in default despite having kept up payments

2) I've kept up the £5 monthly Bryan Carter payments, but they say that my account is in default. Surely having an agreed payment arrangement with them should at least set my credit report to 'Under Arrangement' or 'Paid up to date'?

3) If they ontinue to hold my Credit report in Default despite keeping up the payments, what action can I take? This default lost me all chances of finding funding when I openend up my initial company which subsequently ended up in a bit of debt and I had to end up closing it down myself to satisfy the people I owed money to.

4) Am I well within my right to cease all payments, send them a letter and state 'no further payments will be issued until they update my crredit record AND supply me with all contracts as requested

 

Cheers,

 

Adrian

 

*edit* just to add, those £5 payments were clearly outlined to them as Gestures of Good will, but they seem to have taken them on as a payment plan :-/

Edited by adridude
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1. The clause re reporting/sharing data on the conduct of an account is standard.

2. Entering a ''defualt'' is correct your paymnents are other than those laid down in the original contract, what you have is ''an arrangement to pay'' at a level lower than required by the contract.

3. The credit report is accurate the original default was not remedied.

4. Gesture of ''GW'' or not it is still an AP.

The credit record is up to date.

You can insist on copy of the ''service contract'' make a Formal Complaint requiring them to supply it.

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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I have several times written to them, in all cases kept a copy of the letter and mail receipt. The three times in total I've asked them all, I've not once received a response.

 

1 request to AG

2 requests to Bryan Carter

 

BC did say that it was 'not available' as it was back in 2007 and the contract has been destroyed.

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Tell Carter that until a copy of the original service contract is provided and it is explained why charges are showing outside the life of the contract.

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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I have asked this, but they told me that they are under no obligation to provide the contract. THey then referred me to Phones4U where I originally got the phone in 2007; P4U said they no longer have it and referred me to orange.

 

Orange then said that they don't have the contract and referred me to AG.

 

AG also said they are under no obligation to provide a service contract.

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Tell Carter that until a copy of the original service contract is provided and it is explained why charges are showing outside the life of the contract.*
* he won't be getting any more money off you.*

[*my addendum]

 

If nobody can supply a copy of the original service contract why pay them?

Illegitimi non carborundum

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What concerns me most is that they can go to County Court without any proof, and given their reputation, I can end up with a CCj without knowing (if you search them, its happened often enough). I can't afford to fight my way out of one, but then again, I can't sit here paying for something I don't believe I owe.

 

I mean what can I do if I send then a letter (several actually over time) asking for the contract. None have ever sent me it, and at the most, they just posted me a list of invoice numbers with accompanying values.

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If they have your correct address now and then send a CC Claim pack to another address in an attempt to get judgement by default it is easily challenged.

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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Thats happened twice now, once with this crowd and again with another with some account (with sky) which I never had but that was challenged and revoked.

 

My address is readily available as it's in the voters register as well as readily available through credit files. How would you advise I challenge this? I've asked them in every which way to provide details of the contract, but they refuse to. Even though they promised to 'look into it' when I promised to pay £5 a month as a 'good will gesture' whilst they were researching it. I think they've forgotten about that and just left it.

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  • 2 weeks later...

Hi,

 

Bankfodder commented on a case which I'm dealing ith and it seems that I'm deadlocked.

 

He/she indicated they'd personally like to see such cases to go to court..

 

I'm willing to be a martyr for the cause...

 

It's all outlined here: http://www.consumeractiongroup.co.uk/forum/showthread.php?381285-Three-charged-for-over-40-days-of-barred-time

 

I didnt mean to duplicate threads, but it went quiet, and I'm poised for legal battle. I need as much advise as possible. I will keep this case as public as possible, and and more than happy to share any results with CAG.

 

Thanks

 

A :)

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I will send S.O.S on your behalf :)

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