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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
    • @BankFodder is this ok to send to all contacts at aviva regarding the final notification debt letter theyve sent   I received your correspondence regarding the notice of debt dated 8th June received 12th June giving me 7 days to make payment. I don’t owe this money and the policy was taken out by my brother by a fraud in which you were complicit. The police are aware I have a crime reference number 1XXXXX this fraud is being investigated by PC XX, she will be emailing yourselves I give full authorisation for her to discuss any aspects of this case with yourselves.
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Capquest/Drydens Letter of Claim - old Virgin/MBNA card


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Just direct it to junk,  I blocked them years ago, they are still sending crapola to my spam folder about 'important documents', despite the fact the debt has been SB's for a year.

We could do with some help from you.

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They are now directed to spam!

 

Cheers,

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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  • 8 months later...

Hi All,

 

Been ignoring  any and all emails/texts etc from Arrow/Capquest as per sage advice on here, and today got a letter saying they are transferring my account to the a/m people.

 

Is this a precursor to more action, or just more of their shuffling paper around/scare tactics?

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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a/m?

 

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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Above mentioned. Sorry. That what I meant. 

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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Next desk near the bog.

not alot they can do but dont ignore a letter of claim

 

what the debt? An OD?

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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No. Credit. Stopped paying about 3 years ago. Never paid the dc’s though. I’ve got a letter from capquest that says one of the accounts is closed & being transferred to the oc too. 

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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On 29/03/2021 at 13:38, hamadryad said:

No. Credit. Stopped paying about 3 years ago. Never paid the dc’s though. I’ve got a letter from capquest that says one of the accounts is closed & being transferred to the oc too. 

Got my first letter from Dryden/Fairfax demanding I call them & give them a full financial breakdown of all my income & expenditure.

I won’t be filling in the forms they’ve sent though. You can be sure of that!

I’m minded to ignore this letter & bin it. If I do though, are they likely to pursue through the courts. It’s for over £9k after all!

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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Only a judge could ever demand those kind of details

until or unless you ever get a letter of claim

you ignore .

 

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  Np. 

Given that its for £9k though, are they likely to pursue it, in light of the fact that I'm 68 soon?

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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what debt?

 

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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Share on other sites

They are trying to be a fake bailiff / judge, but your income and expenses are NONE of their business.

 

Only a judge or entities such as DWP, HMRC, Tax Credits or Council tax have a right to ‘demand’ this from you.

  • Thanks 1

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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It’s virgin I think. An old credit card. 

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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can't see they (arrows/capquest) have ever responded to your previous CCa request, so the debt is well disputed.

 

unless the drydens letter is one entitled letter of claim with a reply pack inc an I&E giving you 30 days to reply .

ignore them.

 

dx

 

  • Thanks 1

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
  • 3 weeks later...
Posted (edited)

Hi all,

 

Today I have received a letter of claim from Dryden Fairfax.

It does contain a reply pack and I&E form.

What do I do next please?

 

H

Edited by hamadryad
Spelling

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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I’m not at home at the mo, but I’m pretty sure it’s for MBNA (which I’ve never had), or it might be MBNA via Virgin cc.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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No rush you have 30 days and we already have a letter of claim sticky showing how to reply which take 2mins to do.

 

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... 

Link to post
Share on other sites

What reason should I give for disputing the debt.

I have never had an MBNA card.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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..virgin card is a badged MBNA card

scan up to PDF just the 1st page of what they have sent please

no need for the reply pack

 

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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Share on other sites

Hi all,

 

Here is the front page of what they have sent!

 

drydens letter of claim.pdf

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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  • dx100uk changed the title to Capquest/Drydens Letter of Claim - old Virgin/MBNA card

right i've moved a few posts over to give the story

so only post here now if its regarding the virgin branded MBNA £9k debt owned by arrows.

 

now i believe back in 2015/6 you sent them a CCA request and they failed to respond but for some unknown reason you chose to keep paying them till 2017? when was your last payment on this debt please?

 

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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Share on other sites

I believe it was late in 2017, but I can only go back fir 15 months on my internet banking on my phone.

I’ll check on the pc, but I’m sure it was there or thereabouts.

I was very ill for a time so things got a little out of sync. Back on form now though.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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20 hours ago, hamadryad said:

What reason should I give for disputing the debt.

I have never had an MBNA card.

 

H

 

box D tick

 

I dispute this debt because..the debt purchaser has repeatedly failed to comply with my CCA requests.

 

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

OK.

Do I still tick box I though?

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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follow the guide

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... 

Link to post
Share on other sites

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