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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974   To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...    
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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Parcel2Go.com Limited this time


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Hey @BankFodder, you probably don't remember I was here last year for a lost parcel by Hermes, went to small claims court, I won and they gave up during mediation.

 

Unfortunately, there's once again a problem, this time it's Parcel2Go.com Limited/ DPD.

They lost my item,

offered me the standard £50 insurance,

but the declared value is 10 times that and it's not on the prohibited list,

 

I rejected their offer through the online portal and told them that if they don't offer me the full refund, I am launching a small claims case first thing tomorrow morning.

 

I should stick to the routine from last time, right? God I'm so tired of all this crap... Hope you are well !


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  • BankFodder changed the title to Parcel2Go.com Limited this time

Yes, exactly the same as last time.

Who did you sue last time? Was it Hermes?

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Yes Hermes. Ok then, I'll proceed with it tomorrow morning, will come back to share experience once there is an update.


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You say that you are launching a claim tomorrow.

Have you actually made a formal complaint and received a refusal? Have you sent a letter of claim?

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I have made a complaint via their live chat because this is the only form of communication they have. I told them that I don't agree to their £50 compensations and that I require the full amount. Also, when I was proposed on their online portal with 3 options - 1 - Accept Offer , 2 - Reject Offer , 3- sth else I clicked on reject offer and now the platform says 'under review' and 'We’re sorry that this offer did not meet your expectations. We’ll review this case again and get back to you shortly.   Should I wait for them to respond first? Also, last time with Hermes I had not made a formal complaint per say nor a letter of claim and I started the small claim anyway. You are saying they might be more strict this time if some of these steps are not respected?

 

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you must send by royal mail a letter of claim giving a clear 14 days, before issuing a court claim.

 

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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If you didn't send a letter of claim last time then you are probably lucky that they are so slight that they didn't challenge your failure to adhere to the protocol.

You need to start by making a formal complaint in writing – either by email or letter and get a written refusal. This could be by email or letter.

I wouldn't give them too long – maximum 10 days but I certainly wouldn't include a deadline in the letter.

Then send them a letter of claim giving them 14 days or you take action.

Then on day 15 – take action

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Ohhh okay, right, I get it now, I will follow these steps correctly then. Just lastly, I don't fully understand who am I claiming against, the website is www.dpdlocal-online.co.uk, but on the bottom of the page it says :

 

All payments processed by Parcel2Go.com Limited
© Parcel2Go.com Ltd 1995-2021 All Rights Reserved
Company Number: 02591405
VAT Number: 597 8491 61

 

So is my claim against Parcel2Go.com LTD or are they just handling the payments and my claim is actually against dpdlocal-online ?

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This issue has come up before and frankly I'm always a bit confused as to who is who

Search this sub- forum for "DPD" and see what people have been doing

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I thought parcel to go was a 'broker' style company. They take the details then find the people who will be happy for your money. Add there fees and hey presto the service is sorted.

IMO its parcel to go as thats who u paid. Tho it could be argued that DPD Lost it but you did not employ or pay DPD. 

 

Tho l might be wrong it has been known. 

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Posted (edited)

Hey, So I got the answer finally from their agent in chat. *see attached document* she admitted that it's parcel2go that is liable and provided me with the postal address to send legal paperwork to. She also said she has escalated this further to her senior and pinned it to my case. Does that mean they might reconsider after I send the the letter by post? Anyway let's see I will send both a letter and an email of complaint tomorrow and see that happens. Should  I mention the Consumer Rights Act 2015 in the letter of complaint?

 

ts.pdf

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What l was right damn makes us change. 

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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