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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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      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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PeteT v Abbey


PeteT
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LOL. Good Luck.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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I don't quite know. They updated the forum and then suddenly the sigs stopped working. Not too sure. Mine does on some posts but not on others :confused:

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 3 weeks later...

Quick Update:

 

Recieved a letter from Chester in regards to my credit card dated 2nd Jan.

I am to be sent a full response by 23rd Jan - 6 days before the 40 days are up. Cutting it a little fine.

 

Nothing regarding my bank account.

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  • 2 weeks later...

Another Update:

 

Now I think that this maybe my fault, but I've received a letter today in regards to my bank account and my S.A.R - (Subject Access Request) payment back.

 

I've received a letter today - 9 days before the information is due - they are unable to process my SAR as the account is closed and I've subsequently moved address so they will only send to the registered address on the account unless they receive proof of my address.

 

I can do this and send it back to them today, but does this means the 40 days starts again, or do they have the 9 remaining days?

 

 

Pete

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You have not supplied them with the information required and that means until they have this they need not supply, remember they must verify you are who you say for security, send them proof of your address and they will deal with it hopefully quicker than the 40 days required but they may now stall and take a further 40 days. Read up some threads relevant to your claim whilst waiting on these, good luck

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Dammit - I thought that would be the case.

 

Just funny how it took them so long to notify me of the fact when then got my letter a month ago - I get the feeling this will be a LONG one.

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Interesting.

 

I've had a breakdown from Oct 2001-2004 in what looks like Excel format in regards to my Abbey Credit card - About £500 in charges.

 

They stated that this is not a full S.A.R - (Subject Access Request) and as such it's been provided FOC - yet they were happy to send this to me without any ID verfication?

 

It does state that if I required a full SAR that I need to send the enclosed form back with £10 payment and suitable ID.

 

 

Edit: Confusion sorted - This is from MBNA, not Abbey as my account goes further back than this and 2001 is when MBNA took over the account.

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Even more interesting.

 

I've had a letter from Abbey this morning. It includes the same statement details as I got from MBNA.

 

However, this includes a letter..... charge are as agreed....and are deemed lawful... "MBNA disagrees with the OFT's interpretation of the law"..... charges dropped from June to £12........... however here is a goodwill cheque for £135 as settlement of the above matter.

 

Abbey now trying to fob you off with payment at the SAR stage????

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Hi Pete,

 

I had a GOGW at point of SAR, and then heard nothing more until I took them to court! :)

 

My husband had full settlement offered at SAR (well they paid it into the account!). :o

 

They know they are in trouble... I don't understand why they don't just mass pay back all charges owed to EVERYONE over the last 6 years LMAO!!! :D

 

OK - maybe I do :cool:

;) If I helped, then please click my scales ;)

My advice is only my opinion...

 

Please read the

FAQ's

 

Sign the Phil Whitmore petition:

http://petitions.pm.gov.uk/PAYUSBACK/

 

Abbey - £1600 - WON!!

 

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Well I'm sorry but I'm not rolling over for £135.

OK - quick question.

 

As I've not even had my SAR fulfilled should I cash the cheque and remove that from my preliminary letter, not cash it and remove it from my preliminary letter, or return it with a thanks but no thanks.

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Don't blame you!

 

Cash the cheque and enjoy it :D

 

Add in the paragraph about 'Thanks for the money... but I want the rest blah blah blah...' to your prelim letter and send as soon as the 40 day deadline has elapsed!

 

Take the GOGW amount from the most recent charges on your spread sheet which allow it all to tie up and bob's you uncle :)

;) If I helped, then please click my scales ;)

My advice is only my opinion...

 

Please read the

FAQ's

 

Sign the Phil Whitmore petition:

http://petitions.pm.gov.uk/PAYUSBACK/

 

Abbey - £1600 - WON!!

 

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  • 5 weeks later...

GAH!!!!

 

When Abbey refused my SAR on the grounds that my address is now different they asked for proof of my address (current utility bill, driving license) which I duly sent as requested.

 

It's been rejected agin saying I need to fill in a change of address form first. There was now mention of this in the first rejection and I complied with their request.

 

Do I play along with their attempts to slow things down or do I just wait now as I did as they asked in the first place?

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  • 1 month later...

I wasn't expecting this.

 

A VERY large envelope arrived from MBNA today.

It's the outcome of my SAR and it appears to include EVERYTHING they have on the account, including screen shots hows the account of various system screens and print outs from various other systems which to a non-employee are plain jibberish.

 

Took them long enough!!!

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