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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • The Phantom
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By The Phantom · Posted

      I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
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      Virgin Media playing Games.

      By SOD'EM · Posted

      Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • pralink
      PRA Group Claimform - old Barclaycard

      By pralink · Posted

      Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • aries18pk
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      By aries18pk · Posted

      Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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foaf26907 vs Halifax (& Natwest)

foaf26907
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foaf26907

foaf26907

Posted
Posted

hi all I have been impressed by the number of cases and I am determined to put mine through. I've recieved back from them a print out of charges from local branch over the last 6 years totalinbg £1301.

I have some questions though.

 

1. I am concerned because I do not have an agreed overdraft on my account as I opened the account just before I was made redundant at work and went immediately on to Benefits the Halifax refused to upgrade it to a full checking account with OD facilities as I no longer had a salary coming in. Can I still apply for refund of charges? I know one of teh letters dose state "refund for all charges" but is this OK for me?

 

2. As I sent my DPA request to my local branch St Albans and they replied am I better of sticking with them or should I go directly to the Head office & just enclose a copy of the reply with my next letter ?

 

Thanks Foaf

P.S Has anyone out there had a refund from St Albans branch ?

I'm also waiting a respone to my DPA request from Natwest as well.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Guest Lueeze

Guest Lueeze

Posted
Posted

All the answers to your questions are on the forum, Honest!

 

Please read the FAQ's and everything else 1st beforehand.

 

It doesn't matter if you have an OD or not, infact alot of people dont have one.

 

If you had a response from the branch then stick with that, they have an intenal mail system in any case!

 

Hope this helps,

 

Lou

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foaf26907

foaf26907

Posted
  • Author
Posted

thanks I did try doing a "search" to get answers but couldn't find answers but thank you for your quick reply.

 

DPA Halifax 13/04/06

Reply List of charges 18/04/06

 

 

DPA Natwest 13/04/06

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Guest Lueeze

Guest Lueeze

Posted
Posted

Just out of interest id halifax end all your statements? Im just checking the amount is accurte as some bank have been known to accidently "miss" charges off !!!!!

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foaf26907

foaf26907

Posted
  • Author
Posted

actually I got a list a charges excerpt of letter recieved from Nikki Rice St albans

 

 

Data Protection Act disclosure request.

Turning to your request for an exhaustive list of charges. Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for all the records we hold on you, your request is very specific. There is normally a £10 charge for a formal request, however in the interests of customer service I have provided a list of your bank charges for the last six years, free of charge. As well as the charges on the list there was a charge that debited on the 19th April for the sum of £39 and a charge pending to debit on the 31st May for the sum of £28. if you still want to pursue a formal request please let me know.

I understand that you would like to receive information about our manual intervention on specific transactions. We are under no statutory obligation to record the information you require and thus are unable to comply with your request.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Guest Lueeze

Guest Lueeze

Posted
Posted

Ok that seems fine, just thought Id warn you as its happened before to a couple of people!

 

Lou x

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foaf26907

foaf26907

Posted
  • Author
Posted

have just read a very informative thread on Halifax's refusal to discolse MI. I also got the same letter but didn't think to follow it up. I saw in the other thread the way to go about it is to request an appointment to view the info at the bank. Does this have to be done ? there was some reference to the bank possibly using it in court ? I have already sent my 2nd letter as they sent me a print out of all charges. SHould I wait for a response and request an appointment to view MI at the branch?

thanks

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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colour-me-happy

colour-me-happy

Posted
Posted
have just read a very informative thread on Halifax's refusal to discolse MI. I also got the same letter but didn't think to follow it up. I saw in the other thread the way to go about it is to request an appointment to view the info at the bank. Does this have to be done ? there was some reference to the bank possibly using it in court ? I have already sent my 2nd letter as they sent me a print out of all charges. SHould I wait for a response and request an appointment to view MI at the branch?

thanks

 

I wouldn't worry too much about that, you can show you have asked for the information and you were refused, should it get to court (which is doubtful!)

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foaf26907

foaf26907

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  • Author
Posted

ok thanks

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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  • 3 weeks later...
foaf26907

foaf26907

Posted
  • Author
Posted

progress receieved letter today in response to my LPA. Offer of £245 usual splurge about my responsibitly to make sure funds are available yada, yada, yada.

 

I will decline & request full payment within 14 days and start preparing by court docs.

 

Do I need to send another LPA or is a letter of refusal enough.

 

BTW contact details

 

Louise Curran

Customer Realtions Manager

Core Business Team

Customer Relations

PO Box 548 Leeds LS1 1WU

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Movingon

Movingon

Posted
Posted

By the way; the following passage from the DPA should be informative regarding their refusal to disclose manual intervention data:

 

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

 

© to have communicated to him in an intelligible form-

 

(i) the information constituting any personal data of which that individual is the data subject, and

 

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

So - basically if they are making decisions significantly affecting you, then they ARE REQUIRED to produce evidence of their logic for each and every decision. i.e. they must provide you with details of every manual intervention.

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  • 2 weeks later...
foaf26907

foaf26907

Posted
  • Author
Posted

Filed claim online. Is it OK that I rejected the offer they made and said they had to refund me in full ? i.e that I didn't accept the offer as partial payment.

 

Total claim now up to £1800.00

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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barracad

barracad

Posted
Posted
Filed claim online. Is it OK that I rejected the offer they made and said they had to refund me in full ?

 

Of course it is. It's your money, go for the full amount.

 

Good luck.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 3 weeks later...
foaf26907

foaf26907

Posted
  • Author
Posted

To quote Dora the Explorer " Hey we did it"

Full refund with standard letter saying no admission of liablity blah, blah, blah

 

Thank so much for all your help.

Now on to Natwest

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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foaf26907

foaf26907

Posted
  • Author
Posted

gladly completed survey, made donation and booking family holiday

 

may get some more holiday spending money off Natwest :)

 

Thanks every1 for all your help & advice

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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  • 12 years later...
foaf26907

foaf26907

Posted
  • Author
Posted

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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because no one has posted on it for the last 6572 days.

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If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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