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    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
    • Pasco has recalled 104,000 packs of sliced bread after rat remains were found in at least two packs.View the full article
    • UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
    • Having looked through the paperwork, I note they have sent 3 seperate LBCs. Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited. In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. .  A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference. Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 
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      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.  

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    • 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.

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      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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Hedgehog, your problem is that if you wait, in another 14 days, they might say: ooops, sorry another 28 days... and so on and so forth... You have relinquished control.

 

If you issue claim court, then You have control of the timetable, as they will then have 14 days to acknlwdge and another 14 to file defence...

 

Look at it if it was the other way round, would they let you hum and haw while you decide whether you want to pay them or not? What do you think?

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As you have settled for less than the claim, go down the court route mate.

You accepted a lower figure on the proviso that they paid in 14 days, they haven't done that so you are proceeding with your claim.

 

At Bookworm, if it was the other way round they'd be on your back constantly.

 

As they only offered you part, they can't say to the court that they offer to pay your full claim.

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Hi Galley

 

If you start a thread of your own in your banks forum, and put a breif description of where you are upto, then we can advise and help you mate.

 

It also sounds like you got the standard fob off letter following your prelim or lba.

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Just drafted this letter to fax off to them. If I get no response by close of business tomorrow then I will file court claim.

 

Having returned the acceptance form back to you for a £4000 claim I am concerned that you are not fulfilling your side of the agreement.

You received my acceptance back on the 5th of March and as such your letter claims that you ‘will make sure I get the refund within 14 working days’. The 14 day period is up tomorrow so I contacted your customer relations dept only to be told that it could take a further 7 working days before payout.

I am concerned that you are not sticking to agreed timescales and I am sure the courts would agree that this is unacceptable.

I cancelled my pending court claim on the basis that an agreement had been reached between ourselves and that this would be the last of the matter. Incidentally a court claim would also cost you a further £872.00 which I am sure you would not wish to pay.

I would appreciate your acknowledgement on the telephone number below that this matter will be dealt with immediately and that payment will not be delayed and longer and therefore prevent any possible court action from being implemented.

In the poop without a scoop....

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Just drafted this letter to fax off to them. If I get no response by close of business tomorrow then I will file court claim.

 

Having returned the acceptance form back to you for a £4000 claim I am concerned that you are not fulfilling your side of the agreement.

 

You received my acceptance back on the 5th of March and as such your letter claims that you ‘will make sure I get the refund within 14 working days’. The 14 day period is up tomorrow so I contacted your customer relations dept only to be told that it could take a further 7 working days before payout.

 

I am concerned that you are not sticking to agreed timescales and I am sure the courts would agree that this is unacceptable.

 

I cancelled my pending court claim on the basis that an agreement had been reached between ourselves and that this would be the last of the matter. Incidentally a court claim would also cost you a further £872.00 which I am sure you would not wish to pay.

 

I would appreciate your acknowledgement on the telephone number below that this matter will be dealt with immediately and that payment will not be delayed and longer and therefore prevent any possible court action from being implemented.

 

I thought you said it was upto 28 days

 

I wouldn't put the additional figure, and i would just say plus interest, court costs and daily interset til claim is settled

 

Get it in writing mate, they will just say on the phone what you want to hear to stop the case happening

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i settled with them a week yesterday , i rang yesterday cause the women said it would not take that long , the guy said 14 working days which makes it a week on thursday , he said if it is not in by then ring us , never said anything about a delay .

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i have received the letter stating 8 weeks aswell and not sure if i should send the 14 day chase letter or not, cannot seem to find anything relating to this on the forum, have you had any advice

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hi friends sorry to hear about your dilema i am at this point also but i havent sent the acceptance letter back yet its ready to go having read your post iam going to got to court with the slimey bankers .

if i were you iwould do as pkea suggests sounds like good advice

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Always remember to follow the prelim-lba-court timetable, as it is you in control, not the bank. They will ignore/delay because that means the hold on to your money for longer and , who knows, you might get bored/intimidated and wander off, increasing their profits further!

 

Remember, it is your timetable, not their's, that matters.

 

And I am stating to loathe them more everyday I deal with them.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I am at the same stage.They had my LBA and rang 7 days after recieving it.I agreed to settle in full,sent back the acceptance saying i would recieve within 14 days.Well this is up on tomorrow,if it is not in there and will be ringing to find out why?.If i am told another 28 days because of delays,then i will go with what pkea in #9 and tell them i stopped proceeding to court on the fact they would settle within the time given.I am prepared to wait as this is money i thought i would never see again.I also think if you relax and give them time they see you as easy to fob off.

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