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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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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.

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SCM and claims beyond 6 years / limitations act 1980


quincy
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I presumed they would, im surprised they held a hearing, bet they were annoyed, my claim against abbey includes issues relating to mistakes in their defence and they have never even acknowledged the problems, perhpas thats a good sing, illl find out on the 7th feb if/when they turn up for the hearing to strike their defence and the AQ hearing.

 

Glenn

 

PS keep us posted with any developments eh?

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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i was suprised that that was all today was - i have been told as mentioned earlier in this thread that it was already an approved change, deemed so in my absence!

 

the offer to settle pre 6 years charges did arise again which i politley declined. both parties weren't at all suprised by this!

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Hi Quincy, I've just heard about this from Bong, and I have a friend and a rellie, as well as myself, interested in the LA issue. Will subscribe here, now, so there's another three of us behind you !!

 

As Glenn has asked - was it a Yay or a Nay? Sounds like a Yay to me.

 

Sometimes, it seems like it's just a war of attrition, with the banks' continually (ab)using court procedures to intimidate us. Just don't let go - they don't know the sheer size and capacity of YOUR legal team, do they ? :D

 

It looks encouraging, that the Judge remarked on the "previous form" of these cases, apparently without being prompted by you.

 

So, stick at it, matey. You don't need telling, I'm sure, but you've got an excellent supporter in our Bong. She literally has snatched victory from the jaws of defeat, recently.

 

Well done so far - I'll be watching,

 

Bill. :)

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how did they wrangle that then? presumably the order for the hearing back in November or so said it was a hearing of the claim? How strange after you said they had already been given permission to amend. Hope you don't have to wait too long for the next one then.

 

Its all good experience anyway

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once it was made clear that i was only being asked if the amendment was allowed i then noticed that their defence had about a fifth of the amount of paper i had!

i did i must add take the chance to amend my claim - LLTSB denied a charge as it was one digit (wrong month on excel) out - this change was allowed and i had copies of the new schedule and ac opy of the statement for all parties at the ready.

 

the offer to settle was immediately adjusted to reflect this!

 

(oh and it was yay)

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wonder how much it cost them to send counsel to court? would've thought it would have been cheaper to settle your claim - no admission etc.

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Just thought I would add my best wishes Quincy. I don't know how much I can add to the excellent help you are already getting but, I am subscribing in the hope that I may be able to offer support in some small way.

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Hi there ...another one of bong's disciples dropping by ... ;)

 

Sorry I couldn't make it earlier but I've subscribed now too ... watching with interest ...well done for today & good on you for getting the claim amended! :D

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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if that figure is correct joncris then I'm surprised barclays told me that it wasn't cost effective for them to send counsel to my hearing for an unreasonable costs order against them of £300. it would have been cheaper for them to turn up and argue, or am I right in thinking the real reason they paid my costs was that they conceded that they had acted unreasonably by not settling until the day before the hearing?

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intresting to see how you go as intrested in how the LA situation pans out

just subscribed to this thread

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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  • 1 month later...

Update - I have received notification from the court, the next hearing is set for June 19 - with a different judge, still small claims though.

The form I have says neither side is permitted to use experts.

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You'll now have to submit your documents pursuant to the directions on the notice of allocation. See here - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 months later...

i wish i found this thread before i started claiming 1998-2000 nut MCOl was issued yesterday and i have a bit in my claim about them trying to fob me off with no statements twice.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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just read somewhere about limitations act and that it is 6 years after concealment is revealed. is this relevant?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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just read somewhere about limitations act and that it is 6 years after concealment is revealed. is this relevant?

 

Personally I would go back as many years as you can, see here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81799-issues-raised-llloyds-bank.html

If I have been helpful please click on my star and add a comment.

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