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    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
    • Pasco has recalled 104,000 packs of sliced bread after rat remains were found in at least two packs.View the full article
    • UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
    • Having looked through the paperwork, I note they have sent 3 seperate LBCs. Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited. In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. .  A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference. Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 
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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.

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    • 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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Scarletrose V NatWest *** WON ***


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Guest Scarletrose

hi Dr sand,

 

thanx for advice computer crashed last night and i was unable to get back on line, thats the reason i left bear garden so abruptly,

 

i will have another look through court bundle later, the last date for there defence is 18yh december, wot can i expect to happen next, as the 18th is on monday, when do i have to send cort bundle off???

 

thanx again Dr. sand

hugs scarlet

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hi Dr sand,

 

thanx for advice computer crashed last night and i was unable to get back on line, thats the reason i left bear garden so abruptly,

 

i will have another look through court bundle later, the last date for there defence is 18yh december, wot can i expect to happen next, as the 18th is on monday, when do i have to send cort bundle off???

 

thanx again Dr. sand

hugs scarlet

 

Ok dont worry, there is a long way before you would need to submit a court bundle> Plus you have almost no chance of seeing the inside of a court, its just better to be prepared. You will revieve a copy of their defence and AQ, complete the AQ and return it to the court with a schedule of charges. Also send a copy of the schedule to their solicitors. Then just sit back and wait for the offer. :D

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Guest Scarletrose

thanx so much for advice lively,

 

when will i receive AQ monday???

 

thats the deadline for there defence.

 

wot happens if i hear nothing on monday???

 

thanx again

 

scarlet:confused:

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thanx so much for advice lively,

 

when will i receive AQ monday???

 

thats the deadline for there defence.

 

wot happens if i hear nothing on monday???

 

thanx again

 

scarlet:confused:

 

Ok if you hear nothing on Monday I would file for judgement on Tuesday, please be aware they will almost certainly enter a defence. If they do you will recieve the AQ a few days later this will need to be completed and returned. The template is in the library and its pretty simple to complete. You will need to return the AQ and a copy of your schedule of charges to the court, also send a copy to their solicitors.

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Guest Scarletrose

well the deadline for issuing defence was yesterday, as its a sunday ythat makes today the deadline????

 

what will postie fetch me today then, there defence and an AQ form is wot i'm expecting next.

 

will keep yous posted

 

scarlet

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well the deadline for issuing defence was yesterday, as its a sunday ythat makes today the deadline????

 

what will postie fetch me today then, there defence and an AQ form is wot i'm expecting next.

 

will keep yous posted

 

scarlet

 

I would give MCOL a quick call after lunch. They will probably tell you they have the defence.

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

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i wouldn't get my hopes up Scarlet, they put in a defence on the last day with my claim, then the AQ arrived a couple of days later, they are buggers for throwing it in at the last minute. I didn't file for judgement, i was advised to send a letter, giving them a futher 7 days to settle, but the day i posted it, i received their defence, i went through mcol aswell.

Good luck

NW (NO 1) ACC

REC'D FULL SETTLEMENT 5/01/07 :)

 

NW (NO2) ACC

REC'D FULL SETTLEMENT 28/12/06 :lol:

 

NW (JOINT) ACC

MCOL STAGE AS WE SPEAK :-|

Court date 23rd May(bring it on!!!!)

Paid up 3 wks before court date - all done & dusted ( for now lol)

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Guest Scarletrose

okay postie brought me letter of defence plus cpr18 today, as typical of natwest,

 

however i am now really worried!!!!!!!!!!

 

firstly on the second page of defence it states that i must identify each charge,

 

a) the date it was debited

 

b) the amount of the same

 

c) the description applied to the charge

 

okay i now think 'C' is a problem, on my schedule of charges of which was a template sent to me via a stupid relation, just says " charges as notified " which i assumed meant " with refernce to prelim letter, as notified in prelim letter saying these are charges in relation to direct debit refusals, exceeding overdraft limits "

 

i never itemised each charge with a description does this matter?????

natwest should know the reason for the charge surely.

 

 

secondly the defence is six pages long is this norm????

 

 

 

thirdly " requsest for further infomation and clarification" No.1 this request is served pursuant to CPR 18 rule 27.2 (3) is this normal???

 

 

Forthly i am requested to provide responnce by 28th december 2006, if i cant i have to notify defendants solicitors and tell them when i can respond, What do i do with regards to this???

 

THE REQUEST

No. 1 in your claim you state the return of £2523.00 taken by the defendant in the las 6 years the actual amount at present including mcol fee and 8% interest is £3072.97 does this matter they are quoting a smaller amount?????

 

fifthly the request is 3 pages long is this right.

 

 

lastly wot do i do now????

so guys sorry for being boring but i'm so worried now, any advice or comments would be hugely appreciated, especially to the part where i didnt describe the charge in my schedule, please bear in mind that was sent before i had even heard of cag, so please dont judge me too harshly.

apologies scarlet

xxxxx:p :confused::eek::rolleyes::(

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Pretty standard rubbish from cobblers dont panic. This will help lots

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

okay postie brought me letter of defence plus cpr18 today, as typical of NatWest,

 

however i am now really worried!!!!!!!!!!

 

firstly on the second page of defence it states that i must identify each charge,

 

a) the date it was debited

 

b) the amount of the same

 

c) the description applied to the charge

 

okay i now think 'C' is a problem, on my schedule of charges of which was a template sent to me via a stupid relation, just says " charges as notified " which i assumed meant " with refernce to prelim letter, as notified in prelim letter saying these are charges in relation to direct debit refusals, exceeding overdraft limits "

 

i never itemised each charge with a description does this matter?????

NatWest should know the reason for the charge surely.

 

Just send a schedule of charges with each charge listed, type and amount.

 

secondly the defence is six pages long is this norm???? Yes its designed to scare you.

 

 

 

thirdly " requsest for further infomation and clarification" No.1 this request is served pursuant to CPR 18 rule 27.2 (3) is this normal??? Yes the link above explains this

 

 

Forthly i am requested to provide responnce by 28th december 2006, if i cant i have to notify defendants solicitors and tell them when i can respond, What do i do with regards to this??? Just respond with the letter in the link above and a schedule of charges.

 

THE REQUEST

No. 1 in your claim you state the return of £2523.00 taken by the defendant in the las 6 years the actual amount at present including mcol fee and 8% interest is £3072.97 does this matter they are quoting a smaller amount????? As long as your figure are correct this is what they will have to pay to settle the claim.

fifthly the request is 3 pages long is this right. Dont worry

 

 

lastly wot do i do now???? You need to send the letter regarding their CPR request along with a schedule of charges. Martin has done the letter in the first post on the link above just amend the bank name to suit.Then sit back and wait for their offer.

 

 

so guys sorry for being boring but i'm so worried now, any advice or comments would be hugely appreciated, especially to the part where i didnt describe the charge in my schedule, please bear in mind that was sent before i had even heard of cag, so please dont judge me too harshly.

 

apologies scarlet

xxxxx:p :confused::eek::rolleyes::(

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Guest Scarletrose

thanx lively so much

 

but wot about the fact i didnt itemise the charges with a description????

 

i dont wanna mess it up now

 

hugs scarlet

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Guest Scarletrose

yes lively i do,

 

 

but wot should i do now send a revised schedule of charges with the reason for the charge to cobbetts with the standard cpr18 requst letter???

 

and to the court or just leave it as it is????

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yes lively i do,

 

 

but wot should i do now send a revised schedule of charges with the reason for the charge to cobbetts with the standard cpr18 requst letter???

 

and to the court or just leave it as it is????

 

Ok send the schedule with the discription of the charges and the letter regarding CPR 18 to the cobblers. Send the court the revised schedule of charges.

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Ok, it looks like we just send the standard template response to the CPR 18 request found under the 'FAQ's' section along with a copy of the schedule of charges as they state, ..."unfortunately this has not been received by us..."

 

Well, that's what I will be doing anyway.:roll:

.

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Guest Scarletrose

hi guys,

 

just to keep thread updated, i received AQ yesterday 21st december 2006, so will be looking into that now after xmas as i am really busy now and skint.

 

scarlet

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