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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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      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.

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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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I have! Always worth pushing them along. I think 4 months is quite good going for them as they do say between 6 - 9 month.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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At the moment, I've asked the FOS to consider the issue of the invalid CCA which has been provided to me by them (although I note from what a few people on here have said about the FOS and these issues is that they have refused to rule on the legality of CCAs - although I've sent them a letter from the OFT in which it says that the FOS should consider this), there's the PPI issue (which is worth about £800), and also their failure to adhere to the OFT Debt Collection Guidance Note as they've continued to pester me for interest and the like despite this account being in dispute and up for consideration by a third party.

 

My only costs thus far as stamps and recorded deliveries and the like. If I don't get a satisfactory response from the FOS in terms of resolving this (i.e. in me getting my money back!) then I will be taking it to court and seeking any costs that arise out of that.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I'm not aware of the FOS awarding costs - especially not paying for my time in preparing all the letters and the like. If you know otherwise, please let me know.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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to be honest, i dont know otherwise,i was just thinking that if the FOS ruled in your favour that the PPI was miss-sold would you have grounds to reclaim your costs via the courts? as you should never have been put to the trouble of reclaiming in the first place

:mad:LF53
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reply from the FOS today. . .

they have returned all the documents i sent them and have sent the business details of my complaint to HBOS and asked them to deal with the matter, they should issue a final response on the matter within 8 weeks.

on reciept of the final response, if i feel they have not put things right or have not heard anything from them i am to return my documents to the FOS.

 

HBOS have had 2 years to sort things out, so lets see if the FOS can scare them into action.

 

the saga drags on. . .

:mad:LF53
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  • 2 weeks later...

Keep at them BB,

 

They tried to fob me off ,I lost patience,contacted the FOS ,and it was resolved in months.

 

Once the FOS send you the acceptance form for the refund of the ppi,(which I have no doubt you will receive )if you haven,t already asked for the 8% on top,request it on the acceptance form,as they ask you if there is anything else you wish them to consider or add to your complaint,they in turn ,will then inform the Halifax that the 8% ,must be added.

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Have a look at the thread in the ppi section -Having trouble using the calculator.

There is a link on there which takes you to a calculator that works out the interest for you.I don,t know if it includes the 8% though.

Maggie

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