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    • Please check back later on today for a fuller response and some edits
    • Good morning all, No further communication with P2G so now submitting my small claims action. Would be grateful for any feedback on my description of claim before I submit later. The defendant in this case is Parcel2Go Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper containing two handmade bespoke wedding trays to a customer with tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was informed that the parcel was being returned to me but after waiting three weeks was informed by Evri that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015. The claimant therefore seeks £370 in respect to the value of goods plus court costs. I thought it might be better to use the CRA rather than the Supply of Goods and Services Act as we are sole traders - is this correct?
    • No new development, I'm afraid. The last update I received was a letter from the court, advising that the case had been transferred to Croydon County Court.
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    • Hi, I am aware there’s been few threads about this already but just wanted to confirm information on my case. I was with Village gym last year(2023) on initial 6 month usual contract they do, I lost my job and due to that I couldn’t afford to pay for gym nor I had any motivation to go to gym at that time so they sent me arc phone message in September 2023 that I owed them £140 so I paid them back on instalments in 2 months time.  Then I started receiving new years deals in December 2023 and I decided to give them a call but they never mentioned anything about 6 month contract or anything, only that it would be monthly rolling contract and I paid them for 2 months and then I realised both months they charged me £59 instead of £38 they offered me on the phone when I mentioned that I am still student, even though before I was paying £43 a month in mid 2023. I spoke to gym entrance lady and she said I should give a call to gym on the phone number so I did and whoever answered said they’ll pass my info to manager and he will give me a call back in 24 hours, of course no one called me back so I called again and they said same thing. And of course once again no one got in touch with me so I got tired of them charging me more than they should and decided to cancel my direct debit and stopped going there as I got new job with rotation shifts which is not good for me as I cannot visit gym after I finish at 10pm every second week.  And now in April I received arc message saying this :  Also they have my old flat address where I used to live. What is the  best thing to do for me please? Thank you!
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      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.
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Lowell PAPLOC now Claimform - old E-ON £3K+ bill ***Claim Dismissed***


autumn53

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  • 2 weeks later...

Hi again,

Update

Nothing through post but I received an Email from E-ON today that contains a link to the SAR material. 

The zip folder contains

Covering Letter

Bills and Letters pdf (contains past bills)

Audio recordings

Event history pdf  (mentions the disputed £3k bill)

Email pdfs

RDS Explanation

Financial Transactions pdf

I am enclosing a few documents after ensuring personal information is not visible.

Please could you have a look whenever you have a moment to spare.

Many thanks for this.

EON SAR Extract.pdf

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  • 1 month later...

Hi friends,

This EON account in question was initially held and paid for (via direct debit) by my husband from Dec 2018 to Feb 2020.

We had raised an SAR on the 17th of Jan for my husband's information held by EON. They have not responded to this SAR and the 30 day period has run out today.

Please may I have some advice? We are meanwhile preparing a second SAR for the same but will only post if

we are advised to do so.

Many thanks

 

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Simply ask them where it is

could still be in the post.

 

Dx

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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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  • 4 weeks later...

Hi again,

 

I received the attached text and email a few mins ago from EON.  I am hoping this is an automated text and I am supposed to ignore it given the fact that I am yet to receive my SAR documents from them.

 

The 30 day period for the reminder for my husband's SAR is due to run out on the 23rd of March. 

Thanks

Autumn

 

 

text msgs.pdf

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Sorry, but do I understand that you send them an essay on 17 January and then on 17 February you gave them another 30 days?

  • I agree 1
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Can you tell us something about the SAR that you apparently sent.

I understand the dispute is in your husband's name – is this correct?

Who was the signatory to the SAR? – Was it you? Or was it your husband?

  • I agree 1
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1. I had initially raised an SAR for myself being the signatory in Dec 21 to which EON had replied with full details back in Jan 22.

The Dispute I would believe is in my name and I am getting the reminder for the payment.

 

2. Also, since my husband held the account initially and later transferred it to me in Feb 2021. The SAR for this too was raised in Jan 2022 to which EON sent no response and my husband sent a reminder in Feb allowing another 30 days. My husband was the signatory to this SAR. 

 

Thanks 

Edited by autumn53
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Well I don't fully understand the whole thing and I have visited this thread for some time.

If you sent an SAR with a 30 day deadline then I don't understand why you don't then enforce the deadline.

I telephoned E-ON and I told them that you had sent them an SAR giving them 30 days and that they breached the deadline so you gave another 30 days.
They laughed

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I think I see the mistake I made. The reminder should not give them this long to respond. I think this happened because I was planning to send a fresh SAR instead, assuming they never received my SAR and being the senile self I am these days, I mentioned the 30 days in the reminder

 

Please is there anything that could be done about this?

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Do you have any evidence that you sent the SAR? I'm assuming it was sent by post

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Well I'm quite sure that they are going to breach the reminder as well.

So it's up to you if you want to take control. If you don't then it's probably not worth doing anything but then you still have a £3000 bill to deal with.

So on that basis, I will be looking to threaten them with a legal action and then to sue them for the distress they have caused. It would only be a small amount of money – maximum £100 but enough to cause them to look and see what on earth they are doing and to understand that they made a mistake by not supplying you with the data you want.

You have sent them a reminder which I believe expires about the 23rd of this month. You aren't bound by that date and and you could issue a letter of claim now if you wanted.

However you need to decide.

I notice that we first suggested that you send an SAR in the middle of December and yet you didn't send it until 17th of January. Then your deadline expired on 17 February and you didn't deal with that you simply gave them even more time.

I think you have to look at the way that you are dealing with this.

Believe me when they finally decide to take action for £3000, they won't muck around in the way that you are and they are more powerful than you and also the people who are dealing with this don't care. At 5 o'clock they simply go home and they don't think about you – whereas you have to live with this.

What you want to do? And more importantly if you do start to assert yourself – are you going to be consistent?

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Hi,

 

I prepared my SAR on the day I started this thread as soon as I was advised by you to do so. Dec18th

and posted it the next day. They send a full response on the 13 Jan.

 

Then it struck us that my husband too has held this account in the past and has paid via direct debit for the same and it would be wise to raise an SAR for him too. We sent this SAR on 17th Jan. And the reminder on the 23rd Feb. (this is where I think I could have been prompter but life was lifing on me at that time) And then I gave them these extra 30 days that made no sense. Guess I am not cut out to take on these people. It is a massive sum and we are barely coping with unforgiving expenses. 

 

Trouble is, that we never even used this much electricity. We paid every month right from the start whatever Eon presented. This being a shared meter with a massive plant, I am unsure why Eon does not want to consider that such an amount is disproportionate to a household user. A family of an old, slow couple. This is beyond me.

 

I have read the forum a bit and am completely confused. My husband has given up. I have not seen £3000 in cash in a long time. I politely request some advice and I promise to follow it to the T.  

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The SAR date.

I understand very well that your position is that you haven't used this much electricity. The trouble is that it's not us that you need to convince. It is either them or the courts.

If you want to push the SAR to begin with, then you will probably need to start a county court claim as I have indicated above – for a small amount of money – but enough to focus them.

I suggest that you spend a couple of days reading up on this forum about the steps involved in taking a small claim in the County Court. You might get some hints elsewhere. I'm not sure that the guide here is completely up-to-date because we don't have the resources to keep up.

However, we will help to see you through if this is what you decide to do. I suggest also that you visit the County Court money claim website and register there and start to get a feel for it.

If you feel that you are prepared to take a county court claim then let us know in a couple of days and then we will help you prepare the letter of claim you will send them giving them a 14 day deadline after which you will sue. This means that on day 15 you go ahead and you sue. It's not a bluff

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Thank you very much for your kind time and your sympathy.

 

I will read through everything and will post again once I feel I have a good grip on this process. 

 

Many many thanks for this. May god bless you.

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While I was reading through the forums here and the MoneyClaim help, I received the result for SAR via post today. The package contains the same papers that they sent in response to the SAR I had raised as myself (not my husband"s). So basically, they have not given us any material they hold from the time when my husband held the account (from Dec 2018 to Feb 2020). They have just sent the same stuff as before... my data. (from Feb 20 to July 21).

 

My husband's SAR was sent on the 17th of Jan 2022 and the reminder on the 23rd of Feb 2022. It had my husband's name with our address and he signed it. No mention of me at all. An independent SAR from him to EON. Eon's letter today says they got this SAR on 08.02.22. And their letter is addressed to me. Why? When I am not even the signatory to this SAR

 

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So you are saying that they have disclosed your personal data to your husband – correct?

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You aren't actually answering the question. Whose data is it and to whom has it been disclosed?

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Thank you.

I had understood that they had disclosed your husband's data to or vice versa.

So what we are hearing here is that they haven't complied with your husband's SAR – they have simply disclose yours for a second time – is this correct?

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