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    • You posted in a solid block of text and it's rather difficult to read. Please will you make sure that your posted future are properly spaced and punctuated and that way people will find it easier to give you the help and support you need.
    • I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online. They have told me the item is lost 70x50x55 cm box???   They asked me to fill in a claim form which I have done i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me.    After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery.   I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745.   I am more than happy to go to the small claims court for the difference but would it be dismissed,   Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items.   I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells.   Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers.   They really didnt care and also didn't seem surprised when i spoke to a service agent.
    • Hi all I used to be a member here a few years ago when I went through a bad time - husband and I had bad health, both lost jobs etc, we got the usual helpful and sympathetic response from the bank.   With the help of CAG I did my best to fight back and found that some debts were legally unenforceable as well as the usual defective defaults and everyting else the banks were doing wrong. We're going back to about 2009/10.   With HSBC they refused to provide a SAR/CCA because I wouldn't provide a signature that matched their records. I remember I took the advice from CAG at the time NOT to sign.  in any case, due to my injury I was unable to do anything except scrawl. I told them that I didn't think the SAR required a signature and in abny case I couldn't. In short they refused to cooperate, there as a series of letters but they cited the DPA, at which point I pointed out that they were sending me demands, statements and theatening letters but only now were they saying they had to verify my ID (at that point, the bank said that they wouldn't send any more statements/demands etc until my Id could be confirmed (seriously, you couldn't make it up). I also pointed out that the guidance from the ICO was that if they were responding to the address they has on record and was the usual contact address, they could assume it was their customer writing to them. I even complained to the ICO who, as usual took the bank's side.   Eventually, I said to the bank that if they were unable to give me details of the alledged debt then I was unable to consider their demands and verify the situation and I wouldn't correspond with them any more and they could go to court if they liked. But, if they did lodge court papers, and sent the statements etc I'd immediately complain to the ICO that they hadn't verfied my ID acording to their own procedures (something the ICO had agreed was required), and I'd bring it to teh attention of teh court that they had deliberately not sent me the data to allow it to be resolved one way or teh other. If they didn't send the stuff through discovery, I'd lodge an embarassed defence and ask for it to be struck out as I had been asking for the records for 6 months or more.  I didn't hear any more from them, that was in March 2011.   In Nov 2015 I got a letter from Hoist Portfolio Holdings 2 Ltd that they has been assigned the rights from MKDP LLP and giving bottom Robinson Way's address. I hadn't heard of MKDP before and simply ignored it. I certainly wasn't aware it had be assigned to them in the first place.   A few days ago, I got a letter from Hoist again asking for payment. I intended to ignore it except for a letter I got from the Bank this morning.   The letter is the same one that has been mention on here very recently, a refund from the bank for £25 because they had determined I hadn't recived the correct level of service (no sh*t Sherlock!) The account number is NOT my currect account. It MAY be my credit card, but I seem to remeber they were rolled into one. I don't seem to have any correspondence about the CC, and I destroyed all paper documents a few months ago. All I have is scanned copies of letters (which may not be a complete record, but should be).   I received a letter in Nov 2017 from PRA about another CC saying the debt has been assigned to them (no letter of assignment from the creditor) and in Jan 2018 an 'Annual Statment'. Since then, nothing.   I've made a point of ignoring these kind of letters and demands in the past belieivng they were SB and eventually the data would be destoyed. After a few years of actually being able to relax, I'm now worried that the aggro is all going to start up again with this HSBC and other accounts.   Now, the questions. it is/was my understanding that the debts became Statute Barred a few years ago and they couldn't be enforced. The CC default was issued Feb 2009. A month later a Final Demand was issued for both current AC and CC giving a combined total. (that total is similar to the one sought by Hoist which gives my currect AC number).   So, are these accounts SB? If they are SB and the bank has desposed of them by assignment to someone, why do they still have my name and enough details of my correspondence to determine they didn't behave correctly? Does the DPA not require them to destroy data after 6 years?   On the same DPA note, it seems that this account is simply being passed around from one **** bag bottome feeder to another (maybe teh same one under different names), again, why is data still being processed after 6 years? Am I doomed to be persistely pursued by these scumbags until I die? Or am I worng? Are they able to process data as long as they like, even when there has been no contact for years?              
    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that  section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
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As for the question 'Why couldn't it be posted'? I suspect it's because they left it too late, the papers had to be in 14 days before the set hearing date.

 

If they had stuck to the deadlines previously I might be convinced that is the motivation, the fact that there have been several other "anonymous" visits makes me think this visit has got absolutely nothing to do with delivery bundles.

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FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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If they had stuck to the deadlines previously I might be convinced that is the motivation, the fact that there have been several other "anonymous" visits makes me think this visit has got absolutely nothing to do with delivery bundles.

 

Are we on the same wavelength here natalie? Lyons-Davidson drop Fred the sec 36 offer then intimidate him with a personal visit which happens to include an outrageous breakdown of included costs, maybe contrived to make him think a little deeper about taking up their extraordinarily generous offer?

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I've been following this thread for ages and now have to add my admiration for Fred and those helping him. I wouldn't be at all surprised to discover these latest tactics are an attempt to intimidate because I've been there myself with a claim against a County Council. You tell yourself it's nothing and you're being paranoid until the day they send through the 'reports' and witness statements. Oh yes, in my case they'd been knocking on doors and talking to my neighbours trying to dig some dirt - any dirt.

 

I was horrified but my solicitor was not in the least surprised. It seems this sort of behaviour is now normal practice. I hope Fred sticks it to them big time. Organisations with large amounts of other people's money seem to think they can do as they please and they know most people will give in. I'm delighted to see someone standing up to the bullies, I know how hard it is.

 

Costs - mine were in excess of £180k by the time they'd forced it to the High Court and then given in on lunchtime of the second day. I have no idea what theirs were but all that public money wasted because of arrogant bullies.

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Costs - mine were in excess of £180k

 

:eek::eek: Bet you were glad you won!!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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A tad relieved :) Holding your nerve is not easy even though you know you're in the right. I know that unlike Fred, it was my case and so could have stopped at any time in theory but actually you can't because you can't afford to. I still smile when I hear the song 'I get knocked down but I get up again' as my daughter would put it on in the car every time we had to go to CMCs and the like. We sing along, tunelessly but very loudly and be ready for battle when we arrived. Silly but it worked.

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Well done hightail and thankyou for your good wishes and inspiring story.

We'll have to try that song. I can definitely do the tunelessly bit, don't know about Fred's singing skills though:D

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Just getting started now on scanning stuff from the new bundle into the computer and sending it on to TLD, so we'll see what he has to say when he sees it.:D

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Are we on the same wavelength here natalie? drop Fred the sec 36 offer then intimidate him with a personal visit which happens to include an outrageous breakdown of included costs, maybe contrived to make him think a little deeper about taking up their extraordinarily generous offer?

 

 

Well that was pretty much my train of thought and I dont have the extra insight into things that you do. They dont exactly have much subtlety do they.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Okay Patma I've had a good read through those documents and I've sent you a wishlist.

 

Basically very little indeed we didn't already know padded out with lots of superfluous letters which actually add nothing whatsoever to their case.:-|

 

 

Very pleased to see they have persisted in filing certain documents, struggle to see how that's a wise move but they probably had done this before the latest Court Order landed. I'll print the lot off, annotate them with my special Sharpie and then rescan them for you ready for Fred to take to the hearing.

 

There are two glaring omissions but I think you and I know the reason.:rolleyes:

 

We'll keep any legal points specifically relating to this bundle off thread from now on we wouldn't want to spoil the surprise on the 2nd Sep for anyone would we?

 

I know you've had a long day so don't think this is an urgent job but some time it would be interesting to know if the doc numbers and the number of pages indexed correspond or whether certain pages might have been withdrawn late on.

 

 

I can see what they're trying to do but there's a valid defence and if Fred can get the caution expunged then there's no case to answer based on the POC and the bundle.

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Patma.

 

 

I think I'm on to something. Blindingly obvious potential casebuster.

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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There's a breakdown of the LD costs included in this bundle and it's around £10000, I think:D

 

Do I remember correctly that PCAD are on a no-win, no-fee contract?

So, if LD loses the case, they have to eat those costs themselves?

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Do I remember correctly that PCAD are on a no-win, no-fee contract?

So, if LD loses the case, they have to eat those costs themselves?

 

All bar the first eighty quid. :D:D

 

Mind you there's still time for it to get a whole lot more expensive for them yet. I understand the regular firm of solicitors PCAD employ are pretty good.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Mind you there's still time for it to get a whole lot more expensive for them yet. I understand the regular firm of solicitors PCAD employ are pretty good.

 

That sounds ominous for LD. Mind you, it is a dog-eat-dog world we live in. :)

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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That sounds ominous for LD. Mind you, it is a dog-eat-dog world we live in. :)

 

If what I've seen can be confirmed tomorrow then it's game over bar the counterclaim.

 

Have you seen the pm Patma?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Were not LD appointed by R&SA on a conditional fee arrangement rather than by PCAD themselves?

 

According to their web site, LD specialize in acting for insurance companies and incidently have a vacancy for a Paralegal at their Plymouth office!

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Were not LD appointed by R&SA on a conditional fee arrangement rather than by PCAD themselves?

 

According to their web site, LD specialize in acting for insurance companies and incidently have a vacancy for a Paralegal at their Plymouth office!

 

 

Yes PCAD actually use a completely different firm when they sue people.

 

There is nothing I can say to the second part of your post because I'm thinking back to the jobcentre link and laughing too much......

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Yes PCAD actually use a completely different firm when they sue people.

 

There is nothing I can say to the second part of your post because I'm thinking back to the jobcentre link and laughing too much......

 

 

:D:D:D:D:D:D:D:D:D:D

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I understand the regular firm of solicitors PCAD employ are pretty good.

So it isn't Lyons Davidson that Plymouth College of Art normally use. I'd be interested in learning, in the fullness of time, why they're handling this case then. I suspect that the answer to that could also answer another of the things that puzzles me: Why has this raised its ugly head again now after nearly four years of nothing.

Edited by bedlington83
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Patma

 

Best of luck tomorrow. I'll be thinking of you and Fred with fingers crossed.

 

BTW, did Fred see the occupants of the BMW? Did the male have reddish hair by any chance (I seriously doubt it but you never know)?

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