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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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      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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      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.

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

SLC Cannot Supply The Original Agreement

baconbuttyman

By baconbuttyman
in Student loans/SLC

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Guest Alison82

Guest Alison82

Posted
Posted
You have to formally ask for the documentation under s77(1) and s78(1) of the Consumer Credit Act 1974. You should enclose a fee of £1. If they fail to send the original documentation within 12 calendar days they are in default and you do not have to pay them. If they fail to send the documentation then after 30 days they have committed an offence. While they are in default they cannot enforce the debt.

 

However, if you KNOW you have a loan and are paying it back etc, what grounds do you have for disputing the debt and therefore asking to see a copy of the signed agreement?

 

I heard about this a while back and spoke to the national debt line about it and was told that if you done this they could default you account.

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Movingon

Movingon

Posted
Posted
I heard about this a while back and spoke to the national debt line about it and was told that if you done this they could default you account.

 

Either you misunderstood or they gave you criminally inaccurate advice. They can only issue a default notice if you fail to pay.

 

You are entitled in Law to make the requests I refer to, and they can't do anything except reply to your request. Any default placed on your account as a result of a request like this should be vigorously defended.

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  • 2 weeks later...
baconbuttyman

baconbuttyman

Posted
  • Author
Posted

update....

got a confirmation letter last friday STATING..account is now closed and the debt is now written off and account balance is £0.00 owed, i then phoned them stating i have a copy of my credit file infront of me and told them i wanted the default removing asap, they said they would look in to it, got a letter today saying they have requested the removal of the default..hehe

going back to the point do i ask for the money back that i have paid to them, so i did, they said an offer will be in the post in the next 48 hours.......lol

TOTALLY debt free as of 2007, Fantastic,

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nearlyoldwoman

nearlyoldwoman

Posted
Posted

Hi everyone, can i write to companies for a copy of the original agreement if i have paid off the debt. For example, there are 2 credit cards who i owe £0.00 to but had difficulty paying off. Can I request to get a copy of the original signed agreements and if they fail to comply, can I get them to repay the money that I paid to them??

 

Thanks for your help.

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Movingon

Movingon

Posted
Posted
update....

got a confirmation letter last friday STATING..account is now closed and the debt is now written off and account balance is £0.00 owed, i then phoned them stating i have a copy of my credit file infront of me and told them i wanted the default removing asap, they said they would look in to it, got a letter today saying they have requested the removal of the default..hehe

going back to the point do i ask for the money back that i have paid to them, so i did, they said an offer will be in the post in the next 48 hours.......lol

 

That is fantastic news BBM!! I had no idea they would capitulate so completely!!

 

Well done mate - have a pint when you get your money back!

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sequenci

sequenci

Posted
Posted
Hi everyone, can i write to companies for a copy of the original agreement if i have paid off the debt. For example, there are 2 credit cards who i owe £0.00 to but had difficulty paying off. Can I request to get a copy of the original signed agreements and if they fail to comply, can I get them to repay the money that I paid to them??

 

Thanks for your help.

 

i'm not sure that would be possible.

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  • 3 weeks later...
baconbuttyman

baconbuttyman

Posted
  • Author
Posted
That is fantastic news BBM!! I had no idea they would capitulate so completely!!

 

Well done mate - have a pint when you get your money back!

 

money now being paid back that i paid them, as they cannot prove i owed them money. also any defaults ect they registered are being removed

hehehehehehe

TOTALLY debt free as of 2007, Fantastic,

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Tigs33

Tigs33

Posted
Posted

Excellent news, good to see that they are paying the money back to you, did you ask them to??

 

I am about to write to two DCA regarding original contracts.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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lickthewallfatboy

lickthewallfatboy

Posted
Posted

don't want to sound naive or anything here,but what happens if after 12 days without an agreement being produced,you write to the creditor denying the debt,stop payments etc etc,and then they come up with it?Are you still entitled to tell them to go away?

 

I just want to be sure of this......

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Movingon

Movingon

Posted
Posted
don't want to sound naive or anything here,but what happens if after 12 days without an agreement being produced,you write to the creditor denying the debt,stop payments etc etc,and then they come up with it?Are you still entitled to tell them to go away?

 

I just want to be sure of this......

 

After the 12 working days, you DON'T write to them. You just wait. After the 30 days you complain to Trading Standards. THEN you write to them saying "This debt is unenforceable, get rid of my defaults, and by the way you owe me (x) pounds paid to you against this unenforceable debt".

 

There is no point WHATEVER writing to them after 12 working days and gloating all over their arses for that exact reason; however after 30 days they have committed a criminal offence, and that puts a whole different light on things.

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Giveitback

Giveitback

Posted
Posted

Sorry to be really dense, but is it 12 working days of receiving the letter?

 

I'm just wondering as I know that some companies take forever to open the letters, and can claim to be "really busy". If they're so ''busy' it takes more than 12 and then 30 days, is this just their tough luck then?

 

letter goes tomorrow.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Movingon

Movingon

Posted
Posted
Sorry to be really dense, but is it 12 working days of receiving the letter?

 

I'm just wondering as I know that some companies take forever to open the letters, and can claim to be "really busy". If they're so ''busy' it takes more than 12 and then 30 days, is this just their tough luck then?

 

letter goes tomorrow.

 

It's 12 working days from them receiving the letter and payment; and they are deemed to have received it 2 days after you posted it.

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hagenuk

hagenuk

Posted
Posted
money now being paid back that i paid them, as they cannot prove i owed them money. also any defaults ect they registered are being removed

hehehehehehe

 

Can I ask how much? To the nearest £100 will do, it's just that I am doing this with two credit card debts.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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baconbuttyman

baconbuttyman

Posted
  • Author
Posted
Excellent news, good to see that they are paying the money back to you, did you ask them to??

 

I am about to write to two DCA regarding original contracts.

 

i never asked them i told them what they were going to do cos they took my money, i threatened them with the law, and that taking money with out consent was theft.

go for it.........stick to your guns

TOTALLY debt free as of 2007, Fantastic,

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  • 2 weeks later...
Movingon

Movingon

Posted
Posted

They can enforce it now, yes. After 12 but before 30 days, they are only "in default" while the agreement remains missing. Once they find it, it's all back on track unfortunately; although you could still (if you wanted to) complain to trading standards about their tardiness. In these circumstances however TS would be unlikely to take any further action.

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Giveitback

Giveitback

Posted
Posted

I keep readibng, but not seeing. I'm sorry.

 

Is it also 30 working days?

 

Is there an online version of the Consumer Credit act 1974 online somewhere?

 

Thanks

GiB

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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deemacperth

deemacperth

Posted
Posted

This is a good thread, subscribing to it.

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


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  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


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Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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Movingon

Movingon

Posted
Posted
I keep reading, but not seeing. I'm sorry.

 

Is it also 30 working days?

 

Is there an online version of the Consumer Credit act 1974 online somewhere?

 

Thanks

GiB

 

No - 12 working days, 30 calendar days.

 

And I've been looking for The Act for AGES... if anyone DOES find it online without subscribing to a Legal Eagles website then please let me know.

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