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    • Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email. It's essential that you do this now. Well done on having issued a letter before action. Please can you post it here in PDF format so we can have a look. On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone. Other than that there is nothing else to lose. The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this. You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners. They will be merciless with you – any concession to them is simply giving ground. Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well.
    • Thanks for your thoughts. I guess I could go to the OC and get them to add the defaults but that might be a long process.   I have only just started entertaining the idea of not paying as my main priority was getting a clear credit report as needed to move home urgently due to personal reasons. Now I am sorted on the credit file front its a case of seeing if I can stop paying this turkeys without going backwards.
    • then they can't comeback IMHO if you stop paying. you should have stopped paying there and then, but i suppose stepchance again poked their nose in and said either you cant just stop some debts through the plan, keep lining ours and their pockets.?   they are correct they cant register defaults themselves only the OC can.    
    • Hi Bankfodder   Yep, it's these guys.  I paid by debit card; online purchase.   I have been emailing them.  Should I send a letter?   Thank you for your help x
    • Hi all. I would be grateful of some advice please if anyone is able to help.   I had a new washing machine delivered by Currys on 5th Feb. It was faulty from the start so I tried to inform Currys. They told me to contact the manufacturer. I knew that they were wrong to insist on this but I did so anyway, and I now have an email trail from LG telling me that an engineer visit is needed. I refused the engineer visit and told Currys I wanted to use the 30 day rejection as per CRA2015. I know CRA2015 fairly well because I had to use it for a faulty car last year. Currys just kept telling me that I had to go back to the manufacturer.   In desperation I emailed the Currys/PCworld/Dixons CEO. I realise that he won't have seen the email but one of his minions got in touch and promised to help. After a very lengthy email conversation over a few days this guy told me to contact the manufacturer!    I sent Currys (by post and email) a Letter Before Action, telling them that if it wasn't sorted by 15th March I would take action. I offered mediation but they ignored it. I sent the email to head office and sent copies to all staff I had previously dealt with as well as the CEO. I received one email reply, from the CEO's minion, telling me that he was sorry that we had been unable to resolve this amicably.   To date I have received no reply to the LBA, nor do I expect to receive one.  I have used moneyclaim online before, so I am not too worried about doing that. The only issue I have is that I know that if I lose I will be liable for their fees, so do I let these people get away with this or is there some way I can guarantee that I won't be faced with huge fees?    Thanks for reading this far!
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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
      • 33 replies

PPS PCN - Great Weatern Hotel Swindon - ticket incorrectly displayed


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Does the letter include a pack to fill in with employment and income details etc, as per a Letter of Claim?  could you post it up as pdf just to be sure with all personal details etc redacted.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi,

 

Please see attachd

I've only included the actual relevant content of the letter.

 

Nothing in the letter regarding any employment or letter of claim details,

just the letter attached and one from PPS stating that my account has been forwarded to BW Legal. 

 

CR

PPS & BW Legal Letter.pdf

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They have used the lazy way fo sending a LBA, basically following the rules for 2 years ago rather then the current ones. tyhey have done this because it saves them a few pence in processing costs.

 

I woud respond to this as though they had done their job properly and complain about it as part fo your submissions to court if it gets that far rather than argue the toss now.

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stop using google

research on CAG using our custom google search which comes up as a box below after hitting the top squares logo .

 

until/unless you get a titled..letter of claim.. from BW yes you are safe to scan/ignore

 

as for the additional unicorn food tax, get reading here as above.

 

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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Hey guys,

 

Some further correspondence from BW Legal attached. 

It's worth noting I never received a letter from POPLA or PPS regarding the appeal result as the correspondence from BW suggests. The first correspondence I received regarding the matter post POPLA appeal was the letter received a couple of weeks (attached earlier in this thread).

I assume I can just sit on this as technically, nothing has changed?

Thanks,
CR

BW Legal 2.pdf

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the letter is nowt to fuss over but do contact POPLA and ask them why they didnt send you a letter about your appeal and if they say they did you want a copy of it plus a copy of the operators evidence bundle as you have not seen this either. If they say no then you remind them of your rights under the DPA/GDPR

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  • 1 month later...

Hi CAG,
 

So two updates for you:

1. I have today received a Letter of Claim from BW Legal on behalf of PPS with the relevant information along with a questionnaire & an income expenditure form.

2. POPLA failed to reply to my e-mail requesting information thus I have heard nothing from them and received none of the information regarding the case.

I assume I just go about filling in the questionnaire on the LBC stating I owe no debt and return it?

 

CR

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you've been here since 2015 on this 

why are you not bothering to research what you need to do?

 

no you do not use the form..

 

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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I thought I had previously reviewed a thread talking about the requirement to reply with the questionnaire, hence asking for clarification - obviously I'm incorrect. Better to ask and get it wrong than go ahead and make a mistake though right? 

I'll post up a copy with the personal information redacted for review shortly.

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The EB snotty letter speaks more of that you know they  have no leg to stand on, using "their" form merely encourages them to carry on hoping you will fold and cough up  if they send a Claimform

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Filling in and sending their questionnaire is NOT a good idea, EB's style letter is way to go.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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just type in BW Letter of claim 

in our custom goggle search box that comes up after hitting our top squares logo

 

plenty of example of the snotty/insulting reply to send

 

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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  • 4 weeks later...

Hi CAG,

 

I sent the insulting letter as suggested. I received a quality reply from BW that I just wanted to update you all with for a giggle.
 

The letter contained the normal rhetoric and nonsense case law, but the real giggle came in the form of the "evidential" imagery they attached to the letter.

They attached pictures of a car that has nothing to do with me and was dated 2 years after my PCN was issued. I've followed it up with a snotty letter and I'll update you when I receive a reply.

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shame you shouldn't of alerted them.

could have been a very useful weapon in court.

 

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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If you haven't sent the letter, best to keep the info. to yourself and then demolish them in court if it gets that far.

 

I notice that, even though the LBA was your final, last, ultimate chance to pay before they took you to court ... they still haven't taken you to court and are still sending silly letters.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Yes sit on that and make the point in your defence that the evidence they relied on in their LBA concerned another vehicle  and possiby mutter about incompetent lawyers breaching the GDPR so PPS know that they have been treated shoddily by the peopel who they ahve paid to pursue this.

wont win you prizes but the judge will have their hackles up for another example of  this firm's poor work. they are well known and occasionaly commented upon in court

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