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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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    • 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.

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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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(I'll try that again, in English this time.)

 

Indeed. Otherwise, we could all just send demands to anyone at random, for money to be repaid under loan agreements which did not exist.

 

This was the type of sharp practice that the CCA was intended to protect consumers from.

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I am taking Sainsbury's, Boots the Chemists and British Petroleum to court for a thousand squillion pounds each, just 'cos I think I can, 'cos all I need is a copy of an unexecuted agreement.

 

Naturally the court will believe everything I say at face value, because under Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, I dont actually need to prove anything whatsoever.

 

Woo Hoo! Next up is the phone book trick. Pick ten names at random and send them demands for payment as well, then take them to court as well.

 

Sorry, thats a load of BLX and just a legalistic smokescreen to hind behind. I note they also say that their default charges are also legal. Just because they say something is legal doesnt mean it is.

 

Apparently Iraq was also invaded legally.

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I think its fairly safe to assume that we arent the first to query this reg 3 issue since 1983 and that somewhere, there is a case where a court that has put creditors back in their collective box when attempting to wriggle out of their requirements under the CCA.

 

Just wish someone with this precise info could come on this thread and give us the reference.

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tamadus- I have also sent Barclaycrud section 77/78 request.

 

(I wish this euphamism "request" could be replaced by something a little more honest. "Request" gives the impression that the creditor actually has a say in the matter. It is, of course, an "order" which carries a criminal penalty if not complied with)

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uniboy- CCA 1974 Section 77/78 gives debtors a power to force creditors to produce a copy of the original signed agreement with 12 days. If they dont, the debt is unenforceable. If after 30 days they still havent complied, the creditor is comitting a criminal offence.

 

You will read to go back and read this entire thread again to get the whole story.

 

It only costs £1 to make this request, so is worth a try.

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"I think from a legal point of view the problem there is proving intent to decieve."

 

If this clear attempt to financially benefit by wriggling out of legal obligations in order tdoesnt constitute proof of intent, I dont know what would.

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(I'll try this again in English)

 

"I think from a legal point of view the problem there is proving intent to decieve."

 

If this clear attempt to financially benefit by wriggling out of legal obligations doesnt constitute proof of intent, I dont know what would.

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In an earlier posting, alanfromderby says that the request is "deemed to have been delivered" after two working days. Does anyone know if this also applies to DPA requests?

 

(This assumes proof of posting or Recorded Delievery)

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From zootscoot: http://www.consumeractiongroup.co.uk/forum/legalities/39501-cca-request-help.html

 

Re: CCA Request - Help!

 

Quote:

 

Technically true, but they cannot enforce it in a court of law.

 

 

Yes they can but they can not sue on the contract. They can bring an action in the law of restitution which is a claim outside the law of contract or CCA. This is based on unjust enrichment.

 

 

Quote:

 

So it means i would have to pay the full amount immediately?! Could someone explain in a wee bit more detail

 

 

If you make a credit agreement unenforceable by making a CCA request. The agreement ie relating to terms and conditions such as date of payment, unterest rate etc is unenforceable but the debt remains. You have had the money and have not given anything in return. Therefore the money is still in law regarded as belonging to the creditor. With out the agreement in place allowing for monthly payments the creditor can request this money at any time. You may be able to negotiate a new payment arrangement.

 

YIKES!

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Good post ppauls150. I was wondering where all that bumf went!

 

Their warehouse full of old bits of paper which may or may not be important sounds like the shoebox where I keep all my bits of old paper which may or may not be important!

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