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    • They don't appear to be that litigious. My wife has a PCN from about four years ago and heard nothing from them after an initial flurry of reminders and threats.  
    • Hello everyone,   I found this website yesterday as I am looking to make a claim against UPS or Packlink due to damaging an eBay item I sent using their service.   I payed for their fully compensated service that covers against loss and damage. The item was sold through eBay (I'm a private seller) so the contents and cost of item were all declared.   The item in question is a five piece Le Creuset set with wooden stand. The item arrived badly damaged; the wooden frame was smashed apart, 2 of the pans have cracks, the other 3 all have some sort of chip or scratches. This is the eBay listing for the item - https://www.ebay.co.uk/itm/124980052958   As you can see the items were all in perfect condition; basically brand new. All items were heavily bubble wrapped, with packing paper stuffed to fill in the gaps to ensure there was no movement. As this came with the original box, all items were put in that and then placed in a secondary, double walled box. The only way this could have been damaged is either being thrown with force, or dropped from a height. Either way, negligence on the couriers behalf.     Timeline of events -    4th November / 12.54pm  - dropped off at UPS drop off point 5th November / 9.39am - delivered to the buyer (he messaged me within an hour of receiving it, along with pictures of the damage)   8th November - claim opened on the Packlink website (I had to wait a few days for the buyer to send me more photos for the Packlink website as he was away)   8th November - 27th November - I have been messaging back and forth with Packlink and to be honest they are useless. I am very lucky that the buyer is a patient and helpful person as he has had to jump through hoops with the photos he's had to provide. Packlink told me that UPS would be in touch with the buyer as they need to collect the item from him in order to take it away and inspect it. UPS have not contacted him or me once and the item has still not been collected from the buyer.   I have been trying to keep the ball rolling by messaging them every few days and the response is always along the lines of 'we're waiting on UPS'. As of today Packlink have not messaged me back since the 22nd.     From reading some of the other posts on these boards I can see that chasing Packlink is probably not the thing to do and that I should look to UPS for the compensation instead. I have a few questions before moving forward -   - From initiating the claim it's been almost 3 weeks; have I given them enough time to sort this out?   - Am I safe to refund the buyer and have him send the item back to me? As Packlink have said that UPS will need to collect and inspect the item, I don't want to void any chance I have at getting my money back   I'm not sure on how to move forward regarding the direct UPS claim so any advice would be much appreciated.   If I've missed anything out please let me know and I will supply the needed information.     Thanks for your help,   Jack
    • was proper winter wonderland - but all being washed away by drizzle and wind now  
    • So Johnson's latest missive to Macron, published online before Macron saw it, has possibly had the opposite effect of what was intended [unsurprisingly] and Patel has been disinvited to the ministerial meeting on borders and migrants in Calais tomorrow.   One of the things the French are particularly not happy about is that Johnson wants to send back to France anyone who lands in Britain from a small boat, as he seems to want to brand them all 'illegal'.   Can someone explain to me why the French would want to do this? Many asylum applications are accepted, but a lot of the people crossing are doing it because there aren't legal routes for them.
    • Good morning.   Couple of things  here.    1. Kwik Fits own MOT inspection revealed that the tyres were in line with motoring law and the Government guidelines - the previous tyres obviously me with all  standards for safety and the law.  2. Kwik fit obviously apply a 'best practice' standard which is clearly higher than the legal requirement and indeed makes sense. The law is of course a minimum legal  requirement and of course to be well above the law and to make sure you are safer than just safe makes sense for those that understand these things.    Were the removed items offered back to your mother. The return of parts of is a default option in order to provide the chance of second inspection and to allow the risk of independent inspection - therefore making sure that only parts that needed replacement were actually replaced.It is still common practice, not sure about KF   it does sound like your mother was put under a good deal of pressure, something that all Kwik Fit staff are trained to do - sell/upsell I was one of the first managers to go through their new training programme as a manager (1980 - 81) having previously worked for Euro Exhaust - and having never used once since, nor would I.    I would be inclined to ask them for the evidence that these tyres needed replacing,  ask them why it was not explained about their own higher standards for tyres, and put it to them that they have taken advantage of an elderly member of the public but don't threaten anything.     All of this  is pointing to an oversell to an elderly woman - an easy mark in my opinion.     There is also the issue of their own guidance- they recommend inspection at least every five years!    From their website.  How long do tyres last? There is no standard rule for how long tyres should last before they need replacing. Generally, it is recommended that front tyres should last for approximately 20,000 miles and rear tyres should last 40,000. However, many factors influence the rate at which tyres degrade; including driving conditions, weight carried, and driving habits. Fast driving and harsh weather conditions can lead your tyres to deteriorate much faster. At Kwik Fit, we recommend that you have your tyres professionally checked at least once every 5 years. If you think your tyres are getting close to needing replacements , or even just for peace of mind, why not bring your tyres in to Kwik Fit for a free tyre check."   I hope that helps.   
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Lowell Claimform - old 118118 PDL Subject to IRL Complaint Still With FOS ***Claim Discontinued***


eoghan
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Had the call with the Judge and the other side. Didn't go well. Judge is happy for the directions to be heard at a trial and will be making the order as such. He basically advised me based on the pack and witness statement from Lowells that I should seriously consider trying to enter a payment term before going to trial as if I lose then it'll be a CCJ etc etc.

 

So I think based on that I should ask for a Tomlin Order as per my above post.

 

Any thoughts?

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another update:

118118 challenging the FOS decision.

 

 

Dear XXXX

 

Your complaint about  Madison CF UK Limited  trading as 118 118 Money

 

I sent you and Madison CF UK Limited my view of this complaint on 1 September 2021.

 

An ombudsman will review this complaint

Because Madison CF UK Limited didn’t agree, an ombudsman will review the complaint and make a decision. That means:

  • An ombudsman will look at everything that’s been provided and make an independent decision. They’ll put the decision in writing to both you and Madison CF UK Limited, and explain their reasoning within the decision.
  • If the ombudsman’s conclusions are different from mine, they will explain why and let you reply before they give you their decision. Otherwise, they won’t usually get in touch before issuing their decision unless they need more information.
  • The ombudsman’s final decision will be binding on both you and Madison CF UK Limited if you accept it before the deadline they give you. So if the ombudsman tells the business to do something – and you accept the decision – the business will have to do it.
  • We publish final decisions by our ombudsmen on our website. But your name won’t appear in the published decision – so you can’t be identified.

We should already have all the information the ombudsman needs to reach a decision. But if we need anything more from you, we’ll let you know.

What you need to do now

If you have any further points or information you’d like the ombudsman to consider, please send these to me by 21 October 2021.

If you need more time to reply, please let me know before this date. If I don’t hear from you, I will assume you do not want to add anything.

We will keep you up to date with our progress – but please get in touch if you have any questions.

 

 

What's the likelihood of FOS changing the decision?

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its happened

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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  • 2 weeks later...

Um, so i wrote to Overdales explaining my situation regarding being out of work and my mental health and very little prospect of being able to pay back the loan and I guess combined with the FOS complaint they have discontinued the claim.

 

Letter received with a Notice of Discontinuance.

 

That I guess is what you call a win. Thanks again for all your hep and assistance. I'm learning albeit slowly.

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Hey you won.. 

 

Splendid news.

 

Please consider a small donation to keep us here.. 

 

 

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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Well done topic title updated

 

Andy

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 The National Consumer Service

 

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

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  • Andyorch changed the title to Lowell Claimform - old 118118 PDL Subject to IRL Complaint Still With FOS ***Claim Discontinued***

Have they stated they will update and remove  the default....?

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 The National Consumer Service

 

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

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No the letter just says:

 

Our client has instructed us to discontinue this claim and therefore we enclose a copy of the Notice of Discontinuance by way of service upon you. We have filed the same at Court and requested that any hearing that may have been listed as vacated.

We confirm this brings the legal proceedings to an end.

 

The balance on the side of the letter reads as £0.00

 

No mention on the N279.

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Then it wont be removed.....court claims and default markers have no connection...the marker remains until its 6 year anniversary. 

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 The National Consumer Service

 

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

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:yo: tnx the donation

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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