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    • Sorry, but we need to see the entire claim form in PDF. Scanned. I'm particularly interested to see the description of the parties. Also, I notice that you said that you would provide further details of your claim. This was unnecessary – and probably you shouldn't have done it. Have you sent them something now?
    • Its new Premium account costs £15 a month and comes with features including phone and travel insurance. View the full article
    • and here is the Hermes response:   Intention I intend to defend all of this claim   Signed I am the Defendant REDACTED Hermes Legal Department 19/10/2020
    • Here is my claim:   Particulars of Claim I posted the Item at a collection point which I was provided the following tracking number: REDACTED The tracking did not update past the point it was collected from this shop, and I had flagged this up from the 6th. PackLink have offered compensation amounting to £25 which I have refused. They do agree that the parcel is indeed lost, but are not willing to payout the value of which the item sold for. PackLink have refunded me the cost of the label which amounted to £7.08 There is a packlink reference number for this case, which is: REDACTED In essence, PackLink admit they are at fault, but are not willing to compensate me for the full value of the item at its sold price. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.   Details of claim Amount claimed£1,490.00 Court fee£70.00 Total amount£1,560.00
    • Thanks for your reply, yes they got the items back undamaged.    The police got of to sign the recorded warning but the man in tesco didn't have me sign anything, he just took my name and address,  didn't ask any other questions or say anything about a "fine"   Was just a one off.  I had just lost and buried my 21 year old nephew.  So really wasn't in right frame of mind. Deffo wont be doing that again.  Nearly 30, with a clean record up till now so was a big shock for some stupid items that I had the money to actually pay for.     I'm currently in the processes of being refereed to a therapist. To try and help.    I'll make sure that I update this if I recieve any more letters from them and I'll make sure to keep them. 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Documents in Court - Civil Evidence Act 1995


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Subbing

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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  • 1 month later...

We need a copy of the revised Code of Practice for Legal Admissibility of Information Stored on Electronic Document Management Systems, BIP 0008:2004 (previously PD 0008 ) issued by the British Standards Institution (BSI).

 

This Code of Practice provides guidelines to ensure, as far as possible, that electronic documents and scanned images will be accepted as evidence by the courts. The basis of the guidelines are that process under which documents are managed are as important as the technology used, for example where a document is printed, it should accurately reproduce the contents of the "original". The Civil Evidence Act (1995) introduces a flexible system whereby all documents and copy documents, including computer records, can be admitted as evidence in civil proceedings. A judge will still have to be persuaded to treat that evidence as reliable, therefore organisations will have to prove the authenticity and reliability of the record.

 

The key principles behind BIP 0008 are:

  • Authenticity – Processes to be followed at system planning, implementation and the procedures by which the systems should be operated.

  • Storage and access procedures – Procedures including scanning, indexing, retrieval, system administration, archiving, off-site storage and training, to be followed.

  • Demonstrability of adherence – A structured audit process resulting in a Certificate of Conformity that displays demonstrability of adherence.

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You can purchase the full standard from BSI but it costs £55. The link is BIP 0008-1:2004.

 

If all you want is to know how it fits in with pracice, I have used summaries from other organisations, for example Document Management, Document Imaging, Document Scanning | Archival

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • 4 weeks later...
  • 1 month later...

OMG if one was to take court actions as I have asked for copies of agrrements but none have come.. what is what I write when taking them to court? They have also tacitly agreed to pay me a sum of money for writing to me knowing full well that what they are doing is fraud. So another issue is payment.

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  • 3 months later...

This is a great thead

I am in court in a few weeks and the claimant has destroyed the original agreement and just has microfiche copies that are fully legible .

Do I write to their solicitors and ask for details of the scanning and storage systems or do I put it into my witness statement.

 

Can anyone suggest a way of asking the questions I need to ask. I need to sound as if I know what I am talking about even though I am not very technically minded ... and a little old granny too !

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This is a great thead

I am in court in a few weeks and the claimant has destroyed the original agreement and just has microfiche copies that are fully legible .

Do I write to their solicitors and ask for details of the scanning and storage systems or do I put it into my witness statement.

 

Can anyone suggest a way of asking the questions I need to ask. I need to sound as if I know what I am talking about even though I am not very technically minded ... and a little old granny too !

 

Hmmm been reading more ... my agreement is post 2007 ..am I just beating my head against a brick wall ?

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Hmmm been reading more ... my agreement is post 2007 ..am I just beating my head against a brick wall ?

 

I will have to suggest you start a thread in the debt forum to seek assistance on this one. I found the CEA 1995 but you would be bettet to seek advice from someone more with a legal perspective on this.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 6 months later...

Can anyone enlighten me on the validity of 'reconstructed agreements'

which just have the creditors name & address ant debtors no signatures or dates, and consists a title page with the usual CCA 1974 heading and the rest is 10 pages of T & C's.

Is a district judge bound to accept this as proof of the debt?

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He shouldn't do, anybody with a computer and printer (or even an old typewriter) could knock up a document saying someone else owed them X amount of money. The reconstructed agreement is (or should be) in order to satify a CCA 74 request.

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Can anyone enlighten me on the validity of 'reconstructed agreements'

which just have the creditors name & address ant debtors no signatures or dates, and consists a title page with the usual CCA 1974 heading and the rest is 10 pages of T & C's.

Is a district judge bound to accept this as proof of the debt?

 

Brigadier

Have a look at the thread (longish I know) about Dissecting the Manchester cases.

Essentially, the Manchester cases (sometimes referred to as Carey v HSBC after the first cases in the list) deal with what documents are required to satisfy a formal request from a debtor under Ss77 or 78 of the Consumer Credit ACT 1974 for a copy of his credit agreement. The judge ruled that reconstructed documents where permissible under these circumstances because the sections where designed to provide information. But remember, these where all cases where the debtor was the claimant and thus had to prove their case. The banks were defending and really had nothing to do.

When the shoe is on the other foot, the bank is the claimant, it is for the bank to prove the existence of a credit agreement that complies with the statute (in particular S61 of the CCA) and case law (Wilson v DTI etc). A District Judge has no option but to reject a claim if the agreement is not signed and containing the prescribed terms at the point of signature. Unfortunately, it is becoming apparent through this site that a number of banks are pursuing claims n the basis of 'reconstructed' agreements. IMO this can only be in the hope that they are not challenged by defendants who are 'Litigants in Person' and therefore not familiar with the law and more worryingly by District Judges who should know the law but plainly do not have the knowledge.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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