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    • Please check back later on today for a fuller response and some edits
    • Good morning all, No further communication with P2G so now submitting my small claims action. Would be grateful for any feedback on my description of claim before I submit later. The defendant in this case is Parcel2Go Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper containing two handmade bespoke wedding trays to a customer with tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was informed that the parcel was being returned to me but after waiting three weeks was informed by Evri that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015. The claimant therefore seeks £370 in respect to the value of goods plus court costs. I thought it might be better to use the CRA rather than the Supply of Goods and Services Act as we are sole traders - is this correct?
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    • Hi, I am aware there’s been few threads about this already but just wanted to confirm information on my case. I was with Village gym last year(2023) on initial 6 month usual contract they do, I lost my job and due to that I couldn’t afford to pay for gym nor I had any motivation to go to gym at that time so they sent me arc phone message in September 2023 that I owed them £140 so I paid them back on instalments in 2 months time.  Then I started receiving new years deals in December 2023 and I decided to give them a call but they never mentioned anything about 6 month contract or anything, only that it would be monthly rolling contract and I paid them for 2 months and then I realised both months they charged me £59 instead of £38 they offered me on the phone when I mentioned that I am still student, even though before I was paying £43 a month in mid 2023. I spoke to gym entrance lady and she said I should give a call to gym on the phone number so I did and whoever answered said they’ll pass my info to manager and he will give me a call back in 24 hours, of course no one called me back so I called again and they said same thing. And of course once again no one got in touch with me so I got tired of them charging me more than they should and decided to cancel my direct debit and stopped going there as I got new job with rotation shifts which is not good for me as I cannot visit gym after I finish at 10pm every second week.  And now in April I received arc message saying this :  Also they have my old flat address where I used to live. What is the  best thing to do for me please? Thank you!
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HILLESDEN T/A DLC/Restons Claim Form - MBNA card 'debt' - Help needed please!


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Hi,

 

I'm hoping you can offer some advice for a friend of mine please.

 

He has just received a Court Claim Form for an old MBNA credit card debt (possibly Virgin Credit Card) and doesn't know how to proceed.

 

Long story short,

he became ill towards the end of 2010 and began claiming incapacity benefit from January 2011.

His illness is ongoing and currently no forseeable end.

 

 

he could no longer afford to pay his debts after a short while and he thinks he informed some if not all of his creditors about his situation

but none of them were helpful and so he ceased payments.

Now he has received a court claim from Restons and is unsure of what to do.

 

Since this debt dates back to 2008 there could possibly be some unlawful charges attached to it therefore meaning that all the money Restons are claiming will be false.

 

Should he send the acknowledgment of service and a defence stating that he disputes the full amount

and then contact Restons to ask them to prove the debt?

 

Looking forward to any advice and help you can give please, he has to respond by 21st December.

 

Thanks

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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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leave the claimform alone.........

 

 

go and ack [AOS] the claim on the MCOL website

defend all

leave juris unticked

 

 

send Cabot a CCA request

 

 

send restons the CRP 31:14 from the legal section of the library

 

 

don't sign anything

leave the £1PO blank.

 

 

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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Name of the Claimant ? HILLESDEN T/A DLC

Date of issue – 02/12/15

Date to submit defence = 04/01/16 (33 days in total) - 4pm 4th JAN

What is the claim for –

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNAlink3.gif dated on or about Feb 2008 and assigned to the claimant.

 

PARTICULARS a/c No ****************

DATE 10/11/2015

ITEM Default Balance

VALUE £7000

POST REFRL CR NIL

TOTAL £7000

What is the value of the claim £7000

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? AFTER (I THINK!)

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. THE DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment?

SEEMS TO HAVE BEEN A HOT POTATO SO UNSURE WHEN IT WAS ASSIGNED TO HILLESDEN OR IF A NOA WAS RECEIVED

 

Did you receive a Default Notice from the original creditor? UNSURE

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? UNSURE

Why did you cease payments? BECAME ILL, CEASED WORK AND ON BENEFITS SO NOT ENOUGH INCOME

What was the date of your last payment? UNSURE BUT SOMETIME IN 2011

 

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? YES POSSIBLY

 

Sorry about the "unsure" answers.

My friend has stacks of paperwork and may be able to eventually find the answers!

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can w have the full particulars of claim please

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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Share on other sites

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 2008 and assigned to the claimant.

 

PARTICULARS a/c No ****************

DATE 10/11/2015

ITEM Default Balance

VALUE £7000

POST REFRL CR NIL

TOTAL £7000

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blimey is that it?

 

 

I know restons are getting rather scant with their POC's

but its unlike then to not mention anything other about assignment and notice of default? inc dates

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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blimey is that it?

 

 

I know restons are getting rather scant with their POC's

but its unlike then to not mention anything other about assignment and notice of default? inc dates

 

Ha, yes that's all that's mentioned in the POC. Is that a good thing or a bad thing?

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very bad for them

 

 

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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ok anyway

get all of post 3 running.

 

 

as said leave the claimform alone

do it online

 

 

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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time to go read a few legal claim threads here me thinks.

 

 

erm..sorry m'laud

we don't know if the debtor ever defaulted...

 

 

ermm..sorry m'laud we know we think we brought the debt but don't know when.

erm..can we be allowed to bring a claim if we cant prove we own the debt....

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 wouldn't be complicating things.

 

 

get that MCOL done online

that's the important bit

 

 

always defend all

even if you /he thinks he owes a debt

else its a CCJ by default.

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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Hi, I'm sorry but I'm back again so soon!

I'm a bit confused about who the CCA request should be sent to now after reading more paperwork.

The letter received from Restons (pre court claim) mentions "our client Cabot" but the last letter received from Hillesden T/A DLC says they have placed the account with Cabot BUT the claimant on the court form is Hillesden.

Should we send the CCA request to Cabot or Hillesden? We don't have an address for Cabot.

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Send it to Caboot...>CPR to Pestons.

 

Andy

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Send it to Caboot...>CPR to Pestons.

 

Andy

 

Hi Andy,

Looking at other threads, the CCA request has been sent to the Claimant and the Claimant on the court form is Hillesden/DLC, it doesn't mention Cabot anywhere even though both DLC and Restons letters mention that Cabot are now servicing the account so do you think we would be wiser to send the CCA request to Hillesden/DLC?

Thanks

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Then send it to named claimant.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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