Jump to content


  • Tweets

  • Posts

    • wow, thank you for such a comprehensive reply, I have been told that I could use 'Money Claims Online', what do you think?
    • Sorry DX my over excitement or annoyance. On this bank of Scotland credit... Taken out 2003 defaulted and sold to Cabot around 2006. Been paying them £5 a month upto July 2016. Then on advice...thanks DX...CCA to them. Normal response no information available,will be in touch again in 40 days. Out of the blue Jan 2021 reiterated balance outstanding. I explained about my CCA request back in 2016 and they could not find anything. They then advised they would investigate and to give them 16 weeks. Out of curiosity today rang them..about 15 weeks. Advised they had a an agreement for the card. As yet nothing in the post. Hope that makes more sense🙂 Will post up correspondence...if received
    • Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.
    • Hi dx I was working agency work at that time and very unreliable.   papayoo
    • And presumably it has been thoroughly checked out mechanically. You're confident that you have identified all the defects. Your situation is this: You can certainly bring a County Court claim against the dealer and on the basis of what you say, you will probably win. Under ordinary contract law, it might be considered that the breach of contract is not overly serious and you have not been deprived of substantially the whole benefit of the contract. On that basis you would more likely to be awarded a sum of damages to reflect the reduced value of the vehicle had it been correctly advertised. Under ordinary contract law, the breach would have had to be so serious that it could be said that you had been deprived of substantially the whole benefit of the contract. This is what is called in law – a fundamental breach – and this would allow you to treat the contract as terminated. This is where you find a difference between ordinary contract law – the common law of contract – and the statutory rights provided under the Consumer Rights Act. Under the Consumer Rights Act, because you have identified a defect and asserted your right to reject within 30 days, then you are entitled to reject the entire contract simply on the basis that the vehicle is not of satisfactory quality – even though you have not been deprived of the whole benefit of the contract because you are still driving the thing around. In other words, the car is not up to the standard that you would expect considering all the circumstances – and particularly in view of the price – about £26,000, even though it is generally speaking a working vehicle. This is why you are better off suing under the Consumer Rights Act because I understand that you want to reject the vehicle and you would not be prepared to accept a reduction in price – although you could negotiate this if you wanted. The complicating factor here is the value of the vehicle. If the dealer Hills Prestige of Lymington,  want to stick their heels in, then you will be obliged to bring a County Court claim against them. Where a claim is for a figure less than £10,000, the action is allocated to the small claims track. Small claims track rules concerning costs are that even if you lose your case, you won't have to bear the costs of the winner. In other words each party bears their own costs. This is done to discourage expensive litigation. It doesn't always work because large corporations don't give a fig and they will spend huge amounts of money trying to crush their customers rather than settle claims which are worth a tiny fraction of the litigation costs; all too often they are bullies. Where the claim is more than £10,000 then it gets allocated to the fast track. This means that if you lose the case then you will have to bear a substantial portion of the costs of the winning party. This can act as a real disincentive to litigate. The problem is that some companies use this as an opportunity to intimidate their customer – who is generally speaking a litigant in person – with the prospect of substantial costs in the event that the customer loses the action. This can put a lot of people off very understandably. Your chances of success here are extremely good that you need to be aware that your risk factor if you lost, you might be faced with a fairly high level of costs – which could be more than £5000. If Hills Prestige of Lymington, decide that as part of the litigation strategy they want to intimidate you, then they could litigate in a way which causes obstacles and delays and which incurs greater costs for them and they would do this simply to raise in your mind the spectre that if you were to lose, then you would be liable for a large proportion of those costs incurred. It's a nasty – who-blinks-first – style of litigation. It doesn't always happen but it can do. Conversely, if you brought this action and you wln then they would have to pay your costs. Perversely though, because (I imagine) you would be bringing the action yourselves, you would only be able to recover your costs at a litigant in person rate which is currently about £18 per hour. I say it's perverse because if you decided that you wanted to employ lawyers to represent you, they would be able to recover their costs at the professional rate. It's also perverse because even though you might decide to try and save money and incur only litigant in person costs, if you lost the action you would have to pay the dealer's costs at the professional way of their legal representatives – assuming that they used professional legal assistance. If you wanted to bring a legal action then we can help you all the way although of course it would be you who would be going to court. We would simply be advising you and helping you to draft your documents and advising you on strategy.  
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

can you claim all your unfair charges, even if you owe the bank/credit card money??


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4946 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

It will only have cost the company a tenner to get your details, and the spreadsheet wouldn't have taken a great deal of time either if someone used to excel was knocking up the spreadsheet.

 

Just a thought, are the company properly registered to do claims? If not, they shouldn't be doing them, so I don't think you should have any problem getting out of the contract.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

hi caro

EDIT

 

i did tell them my situation about being in debt with all these credit cards and bank when i first started dealing with them.

 

the lady asked me last night if i wish to continue with citi, they have already sent them a few letters, now they are about to take them to court. i did tell her yes, but im sure i could change my mind if i tell her, there wont be enough money to pay them if citi keeps the money to pay towards the debt.

 

i requested a copy of my signed agreement from citi back in aprill,the debt collectors acting on behalf of them write to me every once or twice a month, to tell me they are in the process of getting the copy still.

 

she said the court papers she needs me to sign are in the post,

 

michelle xx

Link to post
Share on other sites

Well if they haven't got the copy by now....

 

This isn't my area of expertise, but I'm getting in touch with someone who can help you better than me.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

If you have the time and inclination to deal with your creditors on your own accord then do it! You have all the help you will ever need within this very forum. I've only had a brief read through your thread, I'll endeavour to give it a more detailed look this evening. Correct me if I'm wrong but are you looking to reclaim your charges from your creditors and use a CCA request against them too?

Link to post
Share on other sites

hi sequenci, thanks for replying,

 

i had a credit card with citi financtial a few years ago,

im no longer with them,

back in aprill this year i requested a copy of my signed credit agreement,

from the debt collectors the debt was passed on to,

the debt collectors (hillesden securties) write to me,every once or twice a month to explain they are still in the process of getting it from citi financial, and as soon as they recieve it they will pass it on to me.

 

i was gonna get a company to reclaim back my unfair charges from this credit card, the company are at the stage where they are sending me court papers to sign. but there fee is 25%, im not sure i will have enough to pay them, if citi use the money to pay of the debt.

 

michelle xx

 

the company has just got my money owed to me from capital one which capital one used to pay of a debt i had with them (all of which was made up of unfair charges, that was also about to go to court.

 

capital one was another credit card debt i had that couldent produse a copy of my signed credit agreement,instead the debt collectors who i thought at the time had bought the debt of capital one, sent me a copy of my application form.

Link to post
Share on other sites

i would like that. but i do find the whole going to court thing nerve racking,

im such a shy person lol, it is true though!

will i be able to take of where the reclaim compay as left off?

i would ent have a clue where to start! xx

Link to post
Share on other sites

Mich the instructions are step by step on this website it is so easy once you get started - BE WARNED - it is very addictive. If you get stuck anywhere along the way there are loads of people who will be more than willing to assist.:)

Link to post
Share on other sites
Mich the instructions are step by step on this website it is so easy once you get started - BE WARNED - it is very addictive. If you get stuck anywhere along the way there are loads of people who will be more than willing to assist.:)

 

 

thanks linz

i hope the company will let me pull out they should do,

they have just made 173 pounds of me with ca[ital one.

 

im gonna tell them, if they use the same tactics as capital one did and use it to pay of my debt, there wont be anough money to pay them.

 

michelle xx

Link to post
Share on other sites

If the debts are unenforceable, there will be no need to claim and the company you use won't get a penny. I really don't think they are trying to do you any favours claiming back charges, although not all cases are the same.

 

I'm sure sequenci and others here on CAG will help you through.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
thanks linz

i hope the company will let me pull out they should do,

they have just made 173 pounds of me with ca[ital one.

 

im gonna tell them, if they use the same tactics as capital one did and use it to pay of my debt, there wont be anough money to pay them.

 

michelle xx

 

Hi,

 

If they have ever tried to claim back from Citi they will be glad to let you out of the deal you have with them. :o Citi's solicitors play hard ball and will not take any notice of any CCA requests etc. What is it you are hoping to acheive with a CCA request?

I would suggest that you tell them that you no longer require their services and when you ahve your paperwork back from them start a thread in the Citi forum so we can help you with your claim. It may well be that you will not actually get anything in your hand, but you will get your debt reduced, or paid in full whatever the figures work out at.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

hi gizmo, i requested a copy of my credit agreement back in april, when i had debt collectors threatening to come to my house and take goods ect, i do have a thread going about my problem with debt collectors,and alot of kind people are giving me support.it was on that thread i was adviced to request my credit agreement.

it was before i had discovered this web site, that i got in touch with this company who trys to get back your unfair charges, to be honest at that point when i contacted the company,i would never of had a clue on what to do if i was going to do it myself.

michelle xx

Link to post
Share on other sites

Hi Mich,

why are the company not requesting payment to yourself?

I thought the idea of these companies, was they took their cut from the refund you get, not you having to find money to employ them:eek:.

If it is the case that refunds have to be placed against the debt, even more reason for you to do it yourself. (I think you have realised this:) )

You can do this on your own Mich, with the help and advice here, and IF any claim gets to court, you can get a Buddy:) .

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

Link to post
Share on other sites

Hi Mich.

 

You've got some top notch support on your thread (i'm not including myself in that) who would be able to get you through any battle.

 

However, if you still feel nervous, don't forget there's the Financial Ombudsman Service too. They dealt with my Abbey claim and i've just sent off details for Egg Card charges. Like you, i'm apprehensive about court, but also, i have so much going on at the moment, i don't think i could focus on it all properly.

 

Whatever happens, i really wouldn't pay for help. Good luck and congrats on clearing your cap 1 debt. It's a good feeling isn't it? Another 1 down..... ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...