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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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shiply transport wont return my deposit


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thanks ,i suppose i will have to go down that route,didnt want to but i just cant let them win even if it costs me money they are obviously in the wrong and ripping people off and keeping there money,how do i go about taking them to court

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Follow the protocol by sending him a demand for a refund and if that is not fulfilled or a good reason why, then send a Letter Before Action again laying out why you want a refund and end the letter 'no further correspondence will be entered into'.

 

Send them by recorded delivery.

 

You then lodge your claim on line https://www.moneyclaim.gov.uk/web/mcol/welcome It will cost you about £35 which you add to your claim against him.

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Then it is time to go forward. Because of lot of court threats are made and then not gone ahead with, many companies will call the bluff of those who make a threat to see if you will actually go ahead with it.

 

You must now go and have a read of the MCOL website and start your claim. In many many cases, claims are settled out of court so they don't have to go through with it. If that should happen in your case, don't forget to add the court fee to you claim.

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I agree with Conniff on this matter

 

Many companies just don't think customers will sue so they behave as they see fit, not what is lawful.

 

Once court papers hit their mat, I bet they capitulate.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I agree with Conniff on this matter

 

Many companies just don't think customers will sue so they behave as they see fit, not what is lawful.

 

Once court papers hit their mat, I bet they capitulate.

Thanks i will be going on with it. The only thing that worries me is when i actually got to speak to a receptionist a few days ago i said "is this legal taking money off people and not giving refunds when the company is in the wrong" she replied "yes it is all legal" and she did sound very confident but i am going to try

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So you spoke to a receptionist at Shiply?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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yes i managed to get a contact number through paypal and spoke to someone,not that it did me any good

 

They will say anything. It is not legal nor is it lawful. they are holding on to your money for a service they didn't provide.

 

If you went to a shop, paid a deposit on a sofa and they could not supply it, you get a refund. This applies to Shiply too.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 1 month later...

I can't lend my support to your action nor say ah well, you will know next time. It's only someone in your position that can stand up to them and put an end to their unlawful practice by following up all the way to the courts.

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  • 1 month later...

i now feel very hard done by and a bit foolish,

 

as you all know shiply would not return my deposit of £40 when their driver failed to do my job,

 

they credited it to my shiply account to be used on another job ,

 

i recently needed to collect some range rover steps,

 

i thought might aswell use the money shiply are holing of mine

 

a guy says he will collect them for £36.00 which incidently was already£11 more expensive than citylink

 

but i thought might aswell get him to do it as a way of getting my money back,

 

low and behold they wouldnt let me pay with the money they're holding of mine,

 

only the £12.00 deposit could be used ,

 

thanks again shiply RIP OFF

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i now feel very hard done by and a bit foolish,

as you all know shiply would not return my deposit of £40 when their driver failed to do my job,

they credited it to my shiply account to be used on another job ,

i recently needed to collect some range rover steps,

i thought might aswell use the money shiply are holing of mine

a guy says he will collect them for £36.00 which incidently was already£11 more expensive than citylink

but i thought might aswell get him to do it as a way of getting my money back,

low and behold they wouldnt let me pay with the money they're holding of mine

only the £12.00 deposit could be used ,

thanks again shiply RIP OFF

 

Are you surprised?.

 

Why would you even consider using them after your previous experience with them?.

 

If you decided you didn't want to take the court action you were advised was the likely way forward

and that you initially seemed keen on, you won't be seeing your money from them,

so why give them any further opportunity to part you from your 'hard earned'?.

 

Once bitten, twice shy?.

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ermmmmm why didn't anyone mention a PayPal dispute? They will freeze the money in their account, and then THEY will have to prove they provided you the service you paid for. If they cannot provide any agreement, tracking number etc, then PayPal will give you your money back.

 

Seriously no one said this? Unless there is a tracking number given, then PayPal will 95% of the time end the dispute in your favor!

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  • 6 months later...

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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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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