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    • Morning guys As Bank suggested, I've now re-worked my POC to include details of my parcel's original loss,  miraculous rediscovery a month later and subsequent delivery, albeit having been opened and the contents removed. Grateful for your thoughts please, as (P2G having gone very quiet) I intend to initiate court proceedings against P2G tomorrow - 1 May. Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant failed to arrange for the safe delivery of the claimant's parcel containing 8 second-hand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and whilst Evri collected the parcel for delivery on 18 March 24 they then ‘misplaced’ it a day later, formally declaring it lost on 27 March. On 16 April they found it and delivered it on 17 April but, at some point before delivery, it had been opened and the contents removed . The defendant refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is also in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80  
    • Odd one this, I recieved 2 notice's for the 18th and 19th April stating that I overstayed on Wigan Robin Retail Park. Permitted Minutes 180. They state I was there 355 minutes on the 18th and 388 minutes on the 19th. Both times I was there around 10 minutes getting my wife a brew from costa after dropping the kids off at school.  On both days I had passed through there a second time around 3pm, again to get a brew then left. Both notices have 2 images each, Entrance and exit.  This is the interesting bit. The Entrance images both timestamped actually clearly show I am exiting the retail park not entering it. And the exiting images they provided show me leaving the carpark after visiting a second time later in the day. In the attachments You'll see all 4 images show that I am exiting, none of them are of me entering. I understand most if not all that see this post won't know the area but if the look at the map link i gave you'll see the road I was on leading up to the main road. g24 ltd 1.pdfg24 ltd 1.pdf GoogleMap view of the road I am on in the entrance images I would have had dashcam footage but I since formatted the memory card. I tried recovery tools but I couldn't get the files back.  
    • An update: I just got another PCN. I get the feeling that someone in the residence is calling OPS, as it's dated for a few mins after I parked. I won't appeal of course. Interestingly, our cleaner was also parked but didn't get a PCN. I asked them why and apparently they're whitelisted. I did ask the MA if they could whitelist me and they said they couldn't. Clearly they decided not to tell the truth. Surely, this would resolve all of the issues entirely i.e. we'd keep non-residents from parking, whilst allowing for residents to park without issue? Also, could OPS now take me to court for both PCNs separately, or could it be one case?    
    • I was with sse broadband until Jun 2023 at which point without notifying me they passed me to origin broadband who I was unaware is my supplier now -  My broadband at home kept working and I was under the impression that sse are taking direct debit payments from my bank account and everything is fine because the Internet has continued to work.  To my horror I have just noticed that origin broadband has been sending me PDF bills for £39 a month and the email heading has been showing as just no reply so I thought it was junk and never bother to check it.  I have now noticed a bill every month and now I owe them some £350. I did instruct origin to supply me Internet and therfore don't feel responsible for this debt.  What are my rights and is it a legal debt considered I did not sign any agreements with them - their first contact with me tho was very clever back in July 2023 trying to lure me into an agreement however because I just saw that email now I'm not sure what to do because I owe them 400 pounds nearly supposedly at 39 per month.  Our agreement with sse was for 26 per month but they shut shop and passed us to origin without asking our consent.    The following is what origin email said back in July before they stated sending invoice every month for payment.    We hope you're enjoying your reliable phone and broadband with us. We're just letting you know your phone and broadband package will end on 30 Jun 2023. Thankfully, good things don't need to come to an end - read on to decide what you want to do next.   Below you'll find the details of your current package and some other great options to compare it to.   What can I do - shall I just pay the debt and cancel it and move elsewhere or is there any way I can fight this as they are more or less enforced upon us with out permission by sse who most Likly sold our accounts to them.    Any help greatly appreciated 
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Help needed - Goodwill payment offered for £390


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I have recived the following ltter today from MBNA offering me a goodwill payment of £390 (I was asking for £873 in charges). Do I accept this or pursue them for the full amount? If I do pursue them for the rest is there a standard letter to send?

 

I have read other posts about partial refunds and am getting mixed messages about what to do next.

 

Can you help?

 

 

LETTER FROM MBNA:

 

"We refer to your recent letter dated 05 April 2006 concerning default fees on your account. I would like to clarify the situation from our prospective.

 

We have always set out precisely what our charges are in our agreement with you, as they are an integral part of the terms & conditions under which we are prepared to provide credit facilities. When customers pay late, we incur substantial costs in dealing with their default. Similarly we have set credit limits carefully for each Customer and for good reason. We expect every Customer to respect their credit limit. If a Customer goes over their credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore lend more than we agreed to and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage, and also where a cheque is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults of customers overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

 

Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time your payment has not reached your account within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

 

We do value your custom and so we would like to resolve this matter. I have therefore credited your account with a goodwill payment of £390.00 on the basis that this is in full and final settlement of your complaint.

 

Please note that default fees will be charged in the future as set out in your agreement, and we will expect you to honour the terms of that agreement.

 

I enclose a copy of 'Our Commitment to You' leaflet for your information. If you would like to discuss any other matter, please contact my colleague Gareth Tunnicliffe, Customer Advocate on 01244 672628 during office hours.

 

signed

Steve Bailey

Head of Customer Advocate Office."

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I also recieved the same letter from Steve Bailey, but refunding only £100 as a credit to my card when I have been charged £950 in penalties. How does this guy pick the amount he's willing to credit?!

Any advice on what to do next would be appreciated? Also is he upps his offer do I have to accept it as a credit to my card?

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I got exactly the same letter yesterday - but offering me more than I had claimed!

I spoke to Gareth Tunnicliffe & he was really helpful, so a happy result for me!

 

Hope you get the result you are after OP!

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I got exactly the same letter yesterday - but offering me more than I had claimed!

I spoke to Gareth Tunnicliffe & he was really helpful, so a happy result for me!

 

Hope you get the result you are after OP!

 

 

How much did you claim and how much did you recieve????

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From Angry cat

 

Ditto...

 

This is exactly the same letter that I received, also from Steve Bailey!!!

 

MBNA ARE OBVIOUSLY CHURNING THIS LETTER OUT TO ALL PENALTY COMPLAINTS

 

MBNA are as usual "Playing with Words" but....the letter does not answer the preliminary letter, it is from their prospective and at odds with the OFT ruling!

 

now this is only my opinion, but personally I wouild not accept half the money they owe you back and expecially in the form of a Good will payment. Remember that MBNA have stated in the letter "Please note that Default Fees will be charged in the future" and you can be sure that MBNA will Fine you.

 

Note, If anyone disagrees with my reply to this post, please correct me as this is "only my opinion.

 

angry cat

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Hi all!

 

Angry cat mate, I would agree and would say that MBNA or any lending company for that matter is clearly in breach of the rules especially following the recent OFT Ruling if they continue to apply charges however they wish.

 

I would tell any lender to feel free to do whatever it wants regarding future charges and if there was a very big difference between the "badwell offer"(sorry,I had to say this!) and the full charges amount claimed to carry on with court action because any lending institution that does this is taking the p*** and hoping to put you off persuing your claim at court.

 

Just ask yourselves one simple question - Why are "badwell offers" made in the first place if the lending company knew it had half a leg to stand on in a court of law?

 

If anyone disagrees with me,please let me know.

 

Good luck to all!

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I have had a look at the figures and discovered something quite interesting.

I am claiming £873 which is made up of 16 charges @ £18.00, 13 charges @ £20.00 and 13 charges @ £25.00 = Total £873.

It appears to me that they have wokred out the difference between £12 set out by OFT and £18, £20, £25 charges and refunded me the difference, as this adds up to £369 and they have offered me a refund of £390.

 

So has it been decided by the OFT for deffinate that £12 is a fair charge? If so I may as well accept the partial refund or should I???

 

Please let me konw your thoughts.

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I really dislike the response letter from MBNA's Steve Bailey-

It is not a reply to the (Library) Preliminary letter that everyone is sending to this American Bank. The letter is written from their prospective - Of Course !!

 

My suggestion is that if you, Break the letter down and analyse their wording/ every meaning line by line, para by para...So that if you decide to agree to their offer then you really comprehend what MBNA are suggesting. I must emphasise that this MBNA letter makes me very uncomfortable as to their real meaning and or intention about Penalty Fines!

 

Incidentally the OFT statement does not say that fines that are below £12 would not be considered to be unfair - that is up to a court to decide.

 

I urge you to read the OFT statement fully, about these Default Charges/ Unfair Penalties.

 

I quote MBNA "Our view is therefore that the charges that you have agreed to are valid, fair and enforceable"

 

It would appear that the OFT do not agree and after all it is the OFT who provide them with their Consumer Credit Licence! I would also suggest that the Treasury Select Commitee would not be in total agreement with MBNA's suggestions, that are mapped out within their letter.

 

Please Note, this is only my opinion as a simple consumer.

 

Kind thoughts

 

angry cat

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Hi all!

 

This comment is not just aimed at the response from MBNA.

 

What are these lending companies above the law and guidelines as laid down by the OFT?? - as you say angry cat,the folks that grant these banksters their consumer credit licences!

 

I would like to set out some brief points:

 

1.Anyway,I would refuse any wayout "badwill offer" as there is no reason why you should accept any less than the amount you are claiming.

 

2.Personally,I would not worry about what they say they may do in the future,concentrate on reclaiming the money owed to you.

 

3.Also,if I was overcharged excessively six months down the line. I would repeat the same process and sue them again!

 

4.Do not enter any argument with any lending company just use the following six words:

 

PAY UP OR I WILL SUE!

 

Also,if your payment includes the removal of negative information from the credit file,make sure this is confirmed in writing as well.The lending company can pay up but do a u-turn on the credit file amendment - which is admitting that the information on your file is incorrect.Something I understand that these companies hate doing.

 

5.The amount quoted £12 by the OFT is not laid down by statute i.e. like the DPA fee.As you said angry cat,it is up to the courts to decide.

 

So basically if the badwill offer is rubbish,go for it!

 

I hope anyone reading the content of this posting find it useful.

 

Any questions,please feel to ask.

 

All the best!

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They have stated that they incur 'substantial costs' - I f I get this reply when I claim from them I will be asking for a full breakdown of these costs using a specific charge as an example. I might also ask them to copy in the OFT so that they can take back their ruling.

 

That could make it a bit more interesting.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 12 years later...

This topic was closed on 08 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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