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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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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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      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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littlewoods debt


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I really need some help here.

 

I'm hoping that I'm in the right, I've been with Gregory Pennington since March 2005 I left Gregory Pennington because I was fed up with their overpriced charges and my circumstances had changed so I could afford more (unaware at this time that there were companies in the market that offered free dmp services) I kept up with my direct payments for a period of time until I was forced out of my property at short notice (long story) and went back to Gregory Pennington as my creditors weren't understanding of my change of circumstances and refusing to accept reduced payments, nearly a year on I've changed jobs and am doing really well for myself. Thinking that I should do the right thing and increase my debt payments but not wanting to line the pockets of those that make a profit from debt I contacted payplan and cccs who won't offer me dmp as my debt is a few hundred pounds than the 8000 threshold so thought I would take the debt back on myself. I have 6 creditors and all but littlewoods will accept my proposal saying that I defaulted before (when moving back to GP) and that they will accept my smaller payments but they will charge me every month. Is this correct? Can they do that? I've tried hunting for section 40 but the only ones that I can find through google are written so that it favours the creditor.

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LIHI

 

Do as Linz suggests today and wait for them to miss all the 12+2+31 day milestones as I'm pretty sure they will. If anyone calls inform them you want everything in writing & put the phone down.

 

When/If they write (unless its with an agreement) respond with 'I don't acknowledge any debt to your organisation' this account is in dispute and you await a properly executed credit agreement to consider the dispute resolved.

 

After 14 working days send them a reminder stating they are in now default of your CCA request.

 

After a further 31 calender days send them a letter stating they are now in criminal default of your request and that it is your intention to report them to their local trading standards.

 

Report them to their Local TS, sit back & wait for the we're not going to pursue letter as they never have (unless you can recall signing one) enforceable credit agreements.

 

Trawl this site for other Littlewoods threads for letters and help.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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FAO: Credit ControlACCOUNT REF: With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.I understand a copy of my credit agreement should be supplied within 12 working days.We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.In addition to the above I request that all further correspondence is to be in writing. I am familiar with the terms of section 40 of the Administration of Justice Act, ignoring or disregarding debtors legitimate wishes in respect of when and where to be contacted is in breach of this section and the Wireless and Telegraphy Act (1949).I look forward to your response.Yours faithfullyI have also composed letters for each of my other creditors. Is this okay?

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Is it worth including in the CCa request letter that the account was actually opened by my then partner and it was he that ordered the majority of the goods on my account. I've only paid this as good will as I felt that I owed the debt for my stupidity to allow him to do this to me and to be spoken to like absolute rubbish for attempting to get the debt paid quicker was extremely insulting.

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Just a quick point for you.

 

when you send them payment for teh CCA request, send them a postal order or a cheque from someone else ie mother or father.

 

i have heard that littlewoods have been known to take the signature from a cheque (if its from your bank account) and scan it on to a credit agreement and then allege that it is your signature. so to aviod this i would not send them anything with your signature on it. that includes signing the letter. i would just print your name or use a digital signature such as http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

 

i have had dealings with Littlewoods myself, if you want to take a look at my thread which is here http://www.consumeractiongroup.co.uk/forum/general-debt/93571-pt2537s-cca-request-against.html it may offer you some help

 

 

regards

paul

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The letter i used to ask for my credit agreement is this......

 

 

With reference to the above agreement, i would be grateful if you would send me a ture copy of the executed credit agreement for this account.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), i am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that the requested copy of the credit agreement should be supplied within 12 working days as laid out in Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983.

I understand that if a copy of the agreement as requested is not supplied within the 12 working days then the debt will become unenforcable under the consumer credit act 1974

i await your reply

regards

thats what i sent littlewoods

i hope this is of help to you

 

 

 

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Re signatures - I've created a digital signature for all my letters to these people therefore keeping my real signature just in case some trys to be cute

 

Online Personal Signature Maker - MyLiveSignature - Free Perosnal Signature Generator Its simple & free

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Re signatures - I've created a digital signature for all my letters to these people therefore keeping my real signature just in case some trys to be cute

 

Online Personal Signature Maker - MyLiveSignature - Free Perosnal Signature Generator Its simple & free

 

 

That is such a good idea I wish I had done that before

 

I have just created a sig now, really quick and easy!

 

Thanks for that link - really useful

 

:p

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The only thing I'm worried about is I sent them a letter over 6 months ago so fingers x'd they don't keep anything on file. Letter is going first thing Monday morning.

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Yeah, that worries me too with some of my debts I am trying the CCA letter on.

 

I think I will be ok with Littlewoods as when I started the account years ago, I was not married to my (now) husband and so if they tried to pull this trick of pasting a sig from a recent letter they would be out of luck as it would be wrong name! (I assume that any credit agreement is something signed when you start an account not halfway through it? If so I know I have not signed any kind of agreement since I applied for the account.)

 

:p

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