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    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
    • No we haven’t mentioned divorce yet The fair split is I give him half the equity and anything he wants to take from the house  I just feel he is now being unreasonable because I won’t change my mind and take him back 
    • Hi.   Have you spoken to a divorce lawyer or has your husband? Trying to look at this from the outside, it sounds as if it would be better to agree a fair split according to divorce law rather than deciding between you.   Sadly, once money becomes involved things can become more complicated, but I'd have thought a divorce lawyer would be able to advise.   ETA: Here's some advice from the government.   HB
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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I sent a letter to Welcome Finance on the 12th May to request a refund of all premiums and intrest on my account as they mis-sold the policy. They just added it to my account i wasn't even aware i had PPI until i looked at my credit agreement a few weeks ago.

How long should i give them before contacting tham again as it's been nearly 4 weeks already.

 

Also does anyone know where i can get my agreement checked as i have a feeling that it's not legit, And judging by everything else i've witnessed and read it wouldn't supprise me

 

Thanks :)

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if you scan it to your PC and remove all your personal details (e.g name, address account No, signature) then you can upload it to photobucket and post it in here. Then hopefully someone will take a look for you :) Out of interest when was your agreement taken out?

 

In my dealings with welcome I found they just didn't answer so I kept writing every 3 weeks or so until it was time to raise the grievance with the FOS.

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the loan was taken out in December 2006

 

I'm having trouble with my scanner at the minuate so i can't post it onto the forum but once i've sorted it i'll post it.

 

I'll send them a letter for an update on the investigation and see what they say

 

Thanks :)

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I'm affriad I know very little about CCA but hopefully someone who does willl be along soon. I would say though its very hard to read (the prints too small) it might help if you could make it clearer at all? (or is the copy you have difficult to read?)

 

Does the annual interest rate say 55.50%????? If so that is outragous?

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Just thinking out loud but this document doesn't appear to have a way for you to opt out of the PPI? (I think usually theres a box to tick if you want it) unless I'm missing it?

 

If so did you get any other docs where you have actually agreed to the PPI?

 

Also I thought that over a certain figure for interest rate was considered extortionate (I'm sure I read it somewhere). Wonder if someone more knowledgable could also advise re the interest rate?

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It's the copy they sent me it's very hard to read.

 

It says the annual interest is 65.50%, i didn't realise it was that much they told me alot lower when i took it out.

But it doesn't surprise me as when i first got accepted for the loan they said it was for the full amount i'd asked for but when i got there she said they couldn't give me that she then said she would give me half of it even though she shouldn't but she really wanted to "help" me. At the time i was desperate i really needed whatever i could get and being so niave went for the first thing i was offered.

What i huge mistake and even that's an understatement :-(

I didn't even know i had PPI until a few weeks ago it was never mentioned to me, i can't see anything about opting out of it either. It was all sent in the post but i didn't recieve anything about PPI,

 

Thanks for your help, hopefully i can get this sorted A.S.A.P

Edited by animal_lover
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hi animal lover

do not send any correspondents to your local office.

send every thing to welcomes compliance department in nottingham.

welcome are very good at ignoring you as the term trained monkeys operate at local level.

prepare for battle as they hope you will give up and go away.

a few questions to ask

was the person who sold you the policy qualified to give advice and selling

did they ask if you had any medical problems that may invalidate the insurance

double check that you do have insurance,

find out who the policy is held with as welcome only sell the policy at a fat commission.

if they do not tell you do an sar and do check YOU DO HAVE A POLICY

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An SAR is probably a good idea anyway cause from my own experience their paperwork can be awful and may aid your claim (they even sent my friend confirmation of the big fat commission figure their sales staff got for selling them PPI!).

 

I guess you should be able to tell if you are paying for PPI by the amount of your monthly payments compared with the figures on that CCA (I tried to see if I could work it out but the figures are very hard to read!).

 

I can't believe the interest rate is 65.5 that is outragous!!

 

I know that a copy of your credit agreement must be readable so it might be worth requesting a legible copy of your credit agreement when you are making your SAR!

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Hi, Is the compliance department at the same address as there Head Office, I'm sure i've seen it somewhere but i can't find it.

 

was the person who sold you the policy qualified to give advice and selling

I'm not sure,

 

No they didn't ask me about any medical problems i had,

 

It says on my Credit Agreement under Insurances

1st person PAP(Don't know what that is)

"Optional" Payment Protection Insurance

Does that help?

 

I'll send a letter tomorrow asking them who holds my policy, and if i still have one

 

Thanks :)

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hang on a mo

ill dig out the address

when you send in your sar request the info on the person who sold you the policy

ask them if they were qualified and what profesional qualifications they hold

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hear is the address

welcome financial services ltd

compliance dept

ruddington fields business park

ruddington

nottingham

ng11 6nz

 

you have a good case allready if medical questions were not asked

but be prepared to issue a court n1 for them to start talking to you

you will then have the court behind you for them to release documents

lets hope this time it does not come to that

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maybe a mod can send a pm to peter barred on this one to check the agreement

i know in my case the acceptance fee and the total ammount for credit was welcomes downfall a no no

im sure a cagger who knows ppi will be along to lend a hand

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in relation to this welcome have a habbit of putting in an acceptance fee before calculating interest

racks up the profit

again a no no

peter barred is your man on this

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Thank you, I'll post it tomorrow

It would be great if someone could check it, I have a funny feeling that it's not right somewhere.

How do i go about getting Peter Barred to look at it?, Do i have to send a pm to a mod?

I'm easily confused :)

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mods regular check the threads so they will prob to it

ill check back in a few days

again in my case the agreements welcome do are nothing but bog roll,

but they could be getting better at it

may i ask when did you take out the agreement

all i can say at the moment is you are in good hands on this forum

welcome gave me four years of hell before i found cag

you realise now welcome is my pet hate

they are nothing but loan sharks causeing misery to untold people

once they get there claws into you it is hard to get out

you can get out useing this forum, you just have to pick at there unethical dealings

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ok great, yep i don't think i've spoke to anyone who has a good thing to say about them, if i could go back in time i would'nt of taken the loan it has completely ruined my credit file. but i suppose everyone thinks that.

Do you think i'll have good cause to ask them to remove the default as for 1 they didn't give me a notice or whatever it is there supposed to send and i also fell behind with payments now i've realised i've got PPI that's probably why. i'm sure i could of kept up with the payments had it ov been for that.

I took out the loan in December 2006

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the last thing welcome will do is default you

they want to squeeze every last pent out of you

yes if they have now defaulted you a default notice will have been sent out first

your sar will reveal if any

if no default notice no default should be on your credit file, be be prepared for battle

i had to take them to court for my default

do you remember signing for ppi

you hear horror stories of it being added later for commission for the salesman

like i said, been there done that so i know how they operate

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I don't remember signing anything for PPI, but even if i did i wouldn't of realised as nothing had been mentioned about it.

 

I don't remember getting a default notice and the default is on all 3 credit files and on one of them the account is down as closed

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Subscribing and wishing you good luck - am pulling all my info together for my complaint with these gits.

 

I know the 'I really want to help you' best friend routine they use - smiling while ripping you off when you are desperate - you're not alone there ; )

 

Oh, and different company but about the extortionate credit thing - I got some junk mail in from Provident advertising loans at 183%!!!!!!!!!!!!!!!!!!!

Can they even say that, I mean, seriously????!!!!!

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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it's unreal 183% how can they justify it.

although it shows you just how much Welcome have ruined my credit file i couldn't even get a loan with Provident less than 6 months ago, i didn't realise there interest rate though

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Subscribing and wishing you good luck - am pulling all my info together for my complaint with these gits.

 

I know the 'I really want to help you' best friend routine they use - smiling while ripping you off when you are desperate - you're not alone there ; )

 

Oh, and different company but about the extortionate credit thing - I got some junk mail in from Provident advertising loans at 183%!!!!!!!!!!!!!!!!!!!

Can they even say that, I mean, seriously????!!!!!

 

Oh my word.. that is outrageous.. :shock:

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