Jump to content


  • Tweets

  • Posts

    • Did farage get to see trump and kiss his  err boots after being 'called' to see his err mate? I cant see any reference to trump even seeing him? Trump to busy ? LOL
    • understand that HB, yet much of it that has 'come out' seems smoke and mirrors - like the pointing at and questioning of data clerks   the core issue remains the same Who set these practices, and hid the known data issues? Vennells obviously presided over it and has no excuses - but those gov board members effectively were her bosses - representatives of the shareholder. If they weren't embedded in the issue, then why wasn't there more openness and correct direction from them? Including replacing Vennells etc Like with vennells - no excuses.
    • Below is my proposed letter of claim to Yodel. I would welcome comment.   Dear Yodel, Claimant x: claim for breach of contract loss of package xxxxxxxxxxxxxxx I am making a claim against you claim against for breach of contract relating to your loss of a package valued at £150.00. I refer to two webchats that I have had with your organisation following which I was advised that Yodel were not prepared to recompense me for my loss. This letter is being sent to in accordance with the Practice Direction on Pre-action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, I refer you to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our my commencing proceedings against you and may increase your liability for costs. Circumstances leading to my claim against Yodel On 14 June 2024, I made a sale on eBay of a set of 3 Kirkland Signature golf wedges (‘the goods’) at a price of £150.00 plus £6.00 postage. I received payment from the purchaser via eBay and on 15 June I purchased postage from eBay’s Packlink. Packlink arranged the delivery of the package to the purchaser with Yodel. Having packaged the goods in wrapping paper, I delivered them on 15 June to the Shell petrol station on ……..and a tracking number of  xxx was given. Tracking showed that the package made it to your Leeds Depot on 15 June but thereafter the package went missing. The Purchaser had been advised that they were ready for collection at her local depot in Preston but they could not be located in Preston. I personally attended your Leeds depot where your helpful staff confirmed that the package had been scanned into that depot and was also scanned going onto one of your trailers (7DL 1436) bound for Preston but that thereafter the package was not scanned again and could not be located either in Leeds or Preston. Due to non-receipt of the goods, I was required to refund the buyer her £156.00. I have sought compensation via Packlink but they are only prepared to pay ‘basic compensation’ of £25.00. Through your webchat I have sought to make a claim against Yodel but have simply been referred back to Packlink suggesting that I do not have any rights against Yodel. You are referred to the The Contract (Rights of Third Parties Act) 1999 upon which I rely and which give me the right to sue on the contract just as if I was a directly contracting partner. I was a discernible beneficiary of the contract entered into by you with Packlink to deliver the package on my behalf. As the sender of the parcel I was somebody who was intended to benefit under the parcel delivery contract. In breach of contract, you failed to exercise reasonable care and skill to deliver the package to the purchaser but instead have lost the package. Given the scanning history of the package, it is likely to have been misappropriated whilst in your custody – a failure to take reasonable care to avoid such misappropriation.   My Claim against Yodel I wish to claim the sum of £150.00 being the value of the goods lost by Yodel   Relevant documents I enclose copies of the following documents that are relevant to this matter: 1.    A screenshot of the eBay sale of the goods and the tracking notes.   Alternative dispute resolution I am prepared to consider ADR.   I  look forward to receiving confirmation that accept liability for these matters, together with a full settlement of my claim, within [21] days of the date of this letter, namely by [DATE].] [In the absence of a full response by that date, I will issue and serve proceedings without further notice. Yours faithfully,    
    • I didn't know I had to go to the US. Were you there recently, TOR? I'm not sure you've been to London recently either. We know some 'average Americans' and I've asked what they think about things today, as it happens.
    • The scammers were posing as young women online to trick people into sending sexually explicit material.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like

Could someone proof read this letter to DCA please?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5978 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

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

Recommended Posts

Hi everyone,

 

Firstly, I’d like to direct you to my previous thread here:

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/55568-paragon-have-my-debt.html

 

 

I sent a letter to CBS Transcom on Thursday, recorded delivery requesting a CCA, I received a letter yesterday demanding immediate payment by January 15th (they sent the letter 2nd class, dated 8th Jan!)

 

I’ve written up a draft and would be grateful if someone could look over it and offer any suggestions, is it too aggressive? Or just right?

 

Thanks.

 

 

Dear Sir/Madam

 

In reference to your previous letter dated 8th January 2007. I can only assume our correspondence has crossed in the post. However, to re-iterate, I have attached a copy of my letter to you dated 3rd January 2007.

 

Further to my request for a true signed copy of the Consumer Credit Act, Under the Data Protection Act 1988 section 7(1) I have the right to have communicated to me any information constituting any personal data of which I am the data subject and that could constitute any descision significantly affecting myself.

 

Please can you supply all memos, documents and correspondence that you have regarding me and the above account number.

 

There are three points I wish to dispute against the amount you claim is owed to you by myself.

 

1.)That £XXXX of compound interest was added to the account unfairly at a time when I had communicated financial difficulties to Paragon in August 1999 and an agreed payment plan was put in place.

2.)That Paragon have disclosed my personal details to a company outside of the Paragon group (yourselves) without my written authorisation.

3.)That you are the owner of the alleged debt

 

Point 1 is subject to receiving all memo’s documents and correspondence from Paragon Personal Finance and yourselves so a decision can be made in pursuing this.

 

Points 2 & 3 require documentation to be provided by yourselves and requested by myself in my previous letter and this letter under the Consumer Credit Act 1974 (Sections 77−79)

 

I have enclosed payment of £10 in respect of the Subject Access Request. While these points are in dispute I would ask that any requests for payment to yourselves be put on hold until all the facts can be ascertained.

 

Until such time, payments will continue to Paragon Personal Finance as agreed with them in November 2006 at an agreed payment of £XX per month.

 

I look forward to a prompt resolution to this matter and your written confirmation that requests for payment be put on hold.

 

Yours faithfully,

Link to post
Share on other sites

OK, firstly, try to keep all your posts on this subject in one topic, or it gets confusing, try asking a moderator to merge them.

 

First question: What have CBS Transcom got to do with this ? It's the first time you've mentioned them.

 

As for your question in the previous post about your data rights, they cannot become your data controller without your express written permission, they have to write to you and ask for it.

 

Your CCA request should have been sent to Arrow, and as soon as they get it any action should be on hold till they produce the relevent documents, if they don't produce them and they still proceed, then their failure to produce is an absolute defence against their claim.

 

The letter you have written is nice and detailed and seems well thought out, however, you have to remember that these are only trained chimpanzees you are comunicating with, so they don't understand words with more than 6 letters in them. You don't need to go into all those details.

 

What you should simply say is that you have sent them a CCA request, and they have so far failed to comply, until they do comply you will not communicate (oops, 11 letters ! ) further with them until they do. Also tell them that any legal action they may choose to take will be vigorously (oops 10 letters ! ) defended on those grounds.

 

Tell them that under the DPA 1998 that they cannot assume the right to process your personal data without your written permission, and in doing so they are commiting a criminal offence under the said act which could land their data controller with a personal fine of up to £2500 or 3 months imprisonment. Include a line something like...... I expressly forbid you to process my personal data, with the exception of that which I have already requested you supply me...... somewhere in the letter.

 

Ooops again ! just realised there's lots of words in that last bit bigger than 6 letters :D

 

Make it as short and sharp as you can, as the chimps do tend to get a bit bored reading long letters, they only read about 5 words a minute, and tend to get easily distracted swinging on their ropes occaisionally, so your letter wouldn't get inwardly digested, well not till they started chewing on the paper that is :rolleyes:

 

One final point, make sure all your letters are sent Recorded Delivery, keep a paper trail just in case you ever need to produce it in court.

 

Keep us informed.

Nil Illigitimus Carborundum

Link to post
Share on other sites

Sorry, I should have been clearer,

 

Paragon apparently sold a bunch of debts to Arrow Global Receivables, I received a letter from Arrow advising me they are now the data owners. I sent a letter to them last week for the CCA, I then received a letter from CBS Transcom yesterday demanding payment by the 15th Jan. In this letter they say they are under instruction by Arrow to retrieve the amount claimed. I believe they are part of the same group, but not part of the Paragon group.

Link to post
Share on other sites

OK, now I understand.

 

Just send a letter (recorded of course) to Transcom, informing them that the account is in dispute, something like.......

 

Dear Sir,

 

I am in receipt of your letter dated XXXXXX

 

I wish to inform you that this matter is currently in dispute.

 

The reason for the dispute is none of your business.

 

You must not attempt to take any proceedings until the dispute is resolved.

 

Yours Cockilly

 

XXXXXXXXX

 

...........

 

If they want the information, let them contact Arrow about it themselves, you don't have to tell them anything.

 

Make sure you send Arrow a letter fobidding them from processing your data though, it can make life hellishly awkward for them, especially if you get a court order backing it up when they fail to comply:D

Nil Illigitimus Carborundum

Link to post
Share on other sites

Dear Sir,

 

I am in receipt of your letter dated XXXXXX

 

I wish to inform you that this matter is currently in dispute.

 

The reason for the dispute is none of your business.

 

You must not attempt to take any proceedings until the dispute is resolved.

 

Yours Cockilly

 

 

The line i have highlighted in bold had me in stitches, How i would dearly love to a fly on the wall when that letter gets opened.

I don't mean that in a bad way btw.

Link to post
Share on other sites

Good advice here.

Irrespective of whether your letters crossed,the account would be seen as in dispute when you first learned of unlawful penalty charges.Presumbly that was before their letter was even sent ???

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

They're not penalty charges as such, the interest kept piling up even though they knew I'd been made redundant at the time and hit a few financial problems.

 

I spoke to Paragon yesterday, it looks like they sold a large bunch of debts onto Arrow in December and didn't tell their telephone agents, this would explain why I had agreed a new increased payment plan 2 weeks before they sold the debt on!

 

I'm not disputing the fact there is money to be owed, but in my eye's I owe it to Paragon and they had no authorisation to pass my details onto Arrow, and Arrow have no authorisation to use that information to retrieve money from me. It's this aspect I'm fighting.

 

As a side note, Paragon offered to settle the debt for a quarter of the amount owed back in January 2006, now I was not in a position to come up with the money but I still have the letter proving that they were prepared to accept it and the letter did not state a time limit on that offer.

 

I'm now in a position where I can almost manage this amount minus what I have paid since.

 

If it got to court and I offered this amount, how would a judge look at it? are they more likely to force me to pay the full amount claimed or the amount i offer, as i am offering it based on that letter?

Link to post
Share on other sites

When a DCA buys the account, they also accept ALL the obligations that come with it, so there may be a case that they would be obligated to honour Paragons offer, especially as the offer doesn't have a time period.

 

It might be worth a try, but someone with a bit more of a legal mind would be best to advise on this.

 

As for the charges and interest, you can bet your @ss there's unlawful charges somewhere on the account, so you should send the account dispute and SAR letters. Given even the minute possibility that the SAR does show there's nothing reclaimable, it will at least give you a bit of extra time to check out all your other options.

Nil Illigitimus Carborundum

Link to post
Share on other sites

  • 1 year later...

Hi, Blackhawk.

 

You need to start your own thread, giving some detail of what you have received. People will then give you help.

 

Regards.

 

Scott.

 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...