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    • OK. Thank you all for the input.  I'll ignore their letters of demand but NEVER ignore a letter of claim. I'm bracing myself for the stress as their demands £££ goes up and the case gets sent to debt collectors. 
    • OK.  It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times.
    • @BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place.  I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on.  When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well.
    • @dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there.
    • I have checked. No recording was triggered by the camera - I don't have loop recording, only proximity and vibration sensor triggered recording - abs and since he took photos from afar and did not physically touch my car - no recording was done. 
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Splendid vs Smile


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Hi everyone!

 

So here is the story so far for me. I sent my SAR letter on 7th April 2007. No reply by 11th May so I sent a polite reminder via secure message saying I hadn't received a response.

 

On 13th May I received a reply (via secure message) informing me they couldn't confirm receipt of the letter. I had admittedly not sent it recorded post (oops). I replied, again by secure message, and included a copy of the SAR letter I had sent.

 

Today (17th May) I recieved my list of charges through the post dated 15th May, not bad. From now on all correspondence I send to smile will be sent by secure message too.

 

My charges amount to £2324 + £409 interest, £2738 in total.

 

Just about to write my preliminary approach for payment letter. I'll be sending it recorded post and via secure message. No 'cannot confirm receipt of your letter' excuse this time!

 

I'll let you know how I get on.

 

Regards

Splendid

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Quick update:

 

Smile secure messaging has a stupid 1000 character limit on its secure message system. Instead of sending a copy of my letter via secure message I will simply ask for confirmation they have received it in a couple of days.

 

Another thing I remembered was that I didn't include a postal order or cheque for £10 with my SAR. Doesn't look like Smile even bother making sure its there when processing claims.

 

Cheers

Splendid

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Hi all,

 

In the post this morning (24th May) I have received a letter from smile which says the following:

 

Dear Mr x,

 

I'm sorry you've felt the need to make a complaint. This is just to say that we'll be looking into it and a member of our Complaints Team will get back to you with a full response. This will be by phone, secure message or return letter.

 

However, as we're regulated by the Financial Services Authority I do need to make you aware of our complaints procedure.

 

If you go to our website at smile.co.uk - the internet bank, click on 'talk to us', complaints is in the left hand menu. Here you'll find our full procedure.

 

Yours sincerely

 

Lauren Doyle

smile Complaints Team

 

From what I gather from other posts this is legal action and not a complaint so I will disregard this letter and proceed with sending the LBA 1 week from today.

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Hi,

 

Sent my LBA a couple of days ago. No recent contact from smile, just the standard response I've posted above. Watch this space I guess.

 

I live in Scotland. If this ends up going to court, am I best going through MCOL and using my parents address in England? From what I have read the Scottish courts can be tricky. I'd be claiming £2738.

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Yesterday (8th June) I received the following from smile

 

Dear M x,

 

This is just to say we are still looking into your complaint and a member of our Complaints Team will get back to you with a full response within the next 4 weeks. This will be done by phone, secure message or return letter.

 

However, as we're regulated by the Financial Services Authority I do need to make you aware of our complaints procedure.

 

If you go to our website smile.co.uk - the internet bank, click on 'talk to us', complaints is in the left hand menu. Here you'll find our full procedure.

 

Yours sincerely

Stuart Calton

 

Thanks Stuart! :rolleyes: This just seems like just a rehash of the last letter sent.

 

They have until June 18th. If I've heard nothing by then I'll be claiming via MCOL. Parents all set to forward on mail!

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