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    • The first thing is that if you slow down a bit and read the Hermes stories on this forum, you would understand why you are completely wrong when you suggest that because the contract of carriage is between the sender and the courier, that you have no right to sue. You say that you are running your own business and so you have got things right, but if this has been your understanding while you have been running your own business – then Big Fail. On the other hand, I'm afraid that I disagree with the view of my site team colleague that you can sue the courier.   In most circumstances you certainly could – but this case, the items were made of glass. Glass is on the prohibited items list and they were broken. Often we find that couriers rely on the prohibited items list to disclaim liability even for glass items when they have been lost. In those cases, the fact that the item is made of glass is irrelevant and the courier is still liable. However, with the item is broken because it is glass – exactly the kind of risk which is foreseen in the prohibited items list – then I'm afraid that there is probably no claim. The courier service has made it clear that they won't be held liable for the consequences of the particular sensitivity of certain items – and the sender accepts that as part of the contract. What is interesting though is that you are suggesting that the item has been insured. Do you know this for a fact? I would venture to say that if the courier has accepted insurance money for an item which is on the prohibited items list, then I think that overrides the prohibited items list and on that basis I agree with my site team colleague that you can sue the courier. I'm afraid that your story is really not at all clear. I think we need to know the identity of the seller, the identity of the courier. Was insurance taken out? As the seller accessible in terms of knowing their name and address for the issue of a County Court claim? The value of the item is irrelevant and in fact if it is only £50 then I think that it is excellent that you are prepared to enforce your rights for such a small sum when many other people would simply write it off.   We can certainly help you but you need to answer my questions and set the story out in a proper chronological timeline and a bit less of the narrative please  
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    • If you could merge AdriHD into adridude so adridude is still active and AdriHD disappears, that'd be awesome. :)
    • That's completely false info though. The contract is between the sender and the courier. The responsibility is purely on the sender. I.e... If I were to send you something and chose to dodge insurance, does that mean you lose out if it went missing? Of course not. I would have chosen to dodge insurance and if you didn't get your money back, then it's all under the consumer rights law. I sue the courier even though the sender has sent goods which breaches the couriers t and c's of compensation? If I sent a glass framed picture in the post, even though it was against the policy of the courier, but I just took a risk, does that mean if it breaks then it's tough **** and the customers problem? The senders are responsible for making sure it's within the rules of the courier and if they think it's worth the risk, having insurance, then that isn't my fault. I have to sue the courier for what? Enforcing the rules? Not turning a blind eye to a sender who disregarded their rules? 
    • you will need to include and refer to the above   the statement charges mean nothing , that does not reset any SB clock. the statements show no payments made by you.   The Default Notice was issued dd/mm/yyyy and served several years and months after the initial breach thus the cause of action delayed by X years and  months and the Limitations period prolonged to 6 years and x years + X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.    
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CSA unresponsive please help


CHMH
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Please can someone help,

I have been pulling my hair out with the CSA since January this year, I have been waiting for them to review my case regards my payments and overpayments and in that time my child well now 18 has left full time Education.

 

I have now tried to get them to look at my overpayments and either tell me if I owe or they owe me. Due to me changing jobs and my basic changed for the previous years.

 

 

I have chased called spent loads of hours on the phone to either be neither better off understanding or phone being cut off after ringing for over 30 mins each call.

Please can you help, 

 

I have been trying to get information on my CSA overpayments from the CSA and they have not responded since January of this year.  in that time my son has left full time education and I have asked them to get in touch. 

 

one

so I don’t have to pay anymore and

 

two,

to look at the overpayments I have made due to arrears on my account.

 

For each case no one has responded to say yes you don’t need to pay and two you have overpaid, which I have provided bank statements Of payments I have made.

 

please help 

 

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Welcome to the Forum

 

I have moved your topic to the appropriate section .....please continue to post here to your topic.

 

Andy

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We could do with some help from you.

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Why dont you send them an sar?

 

that way if they fail to comply within 30 days  you are entitled to complain ro the ICO and launch a court claim

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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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https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Csa sar&oq=Csa sar&gs_l=partner-generic.12...337603.341306.0.343327.7.5.0.0.0.0.1060.2706.0j1j4-1j2j0j1.5.0.csems%2Cnrl%3D13...0.3702j2657486j7...1j4.34.partner-generic..6.1.1058.6TOwaGPNWR4

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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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Maybe things are different in Scotland (where I am), but don't the CSA simply act as an intermediary? Meaning they don't actually hold your money, they simply pass what you pay directly on to the recipient. Assuming they don't keep any payment over and above your agreement, they wouldn't owe you, would they, your former partner would, potentially. Maybe that's the crux of the issue, they have held onto the overpayment.

 

Mods, please delete this if I've misunderstood or added confusion.

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I pay directly to my ex partner into her account, the figure I was informed to pay by the CSA, I changed jobs (higher wage) and the amount increased (CSA) and then got made redundant and moved back to my old job,

they were looking at the figure I was paying as it my job salary was lower,

in that time I kept paying even though I was on a lower income. And they were reviewing it since January,

what they didn’t tell me was all the payments I made directly into her account they never countered for. So I had to prove I made those payments, hence the bank statements with proof.

in that time my child left full time Education and I still have had no reply from January and I have been calling them to resolve it, to no avail.

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