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    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Telephone harassment from Egg, anyone???


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  • 1 year later...
  • 1 year later...

We are now reviewing and recommending the Truecall call recorder. See:- http://www.consumeractiongroup.co.uk/forum/telephone-recorders-reviews-write/167120-truecall-digital-telephone-recorder.html

 

This machine is a bit pricey but does everything and more.

However, there are other cheaper options available. The most important thing is to get some kind of call recorder and start gathering your evidence

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  • 1 year later...

Can you help me, I have been getting calls to work on a daily basis and I only work 3 days a week, when I come in after my days off there is often a pile of messages say " Personal call from Joanne please call her back " and the 0845 number, this is bad enough but yesterday I was away from my desk training and my colleague got a call from HFC Bank and the girl on the phone asked for me, when my colleague said I was away from my desk she quizzed him over my working hours, then she said its funny i am always away from my desk and could he put her through to my direct manager !!! At this my colleague, thinking it was a complaint for me to deal with came and got me, I told the girl who i was and she said I knew you were at your desk, when I asked her why she wanted to speak to my manager- she said to get them to get me to phone them back !! is this legal?? I was hugely embarressed and found this extremely vindictive and I want to know how to complain to HFC Bank - they confirmed to me the call was recorded. I missed last months payment on my loan and the next payment is due - I fully intend to pay the arrears but I would have had some deep explaining to do if my manager had got the call!!

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Hi the first thing you should do is write to them explaining you wish them to take your work no of your record - or if you can do this online on their website do that - you can even type in a number which is not your number (Ie a fake no). Write to the Head Office explaining you want your work no removed from your account and that they should never call you again at your work. Ask them in future to put everything in writing and not to phone you at all. If you put this in writing and send it recorded delivery then you have proof and it's legally binding.

If you are behind with your payments you could write to them and say that you are having financial difficulties at the present time and let them know what payments you can make each month - even if it's half or a third of what you normally pay. Give them a time period when you expect you will catch up. Be realistic with this for example if you owen £100 and you can only pay £10 a month tell them this saying you will pay an extra £10 a month for 10 months until you are up to date with your payments. They would rather you pay something than nothing.

If you are having real difficulty making any payments you can contact your local citizens advice office or a free debt management scheme to get you onto smaller payments which you can afford. They take into account all your income and they give you a good allowance for having a life. But they stop you getting credit. Make sure if you do this it is a "free" scheme and not one where they take a payment monthly from you. You should be able to find out from your local council if there is one in place. Remember it's a "debt management scheme" - you don't go bankrupt and no-one can take your home from you - you get someone to sort out a plan for you and you make payments through a legitimate company who don't charge you anything. A lot of people don't know these companies exist and go into one of the ones that used to/or maybe still do get advertised on the TV or on the internet by email etc which cost money to you and you never get out of debt. Ignore these ones - go through your council or citizens advice.

Don't suffer in silence - if you can't pay don't ignore it as that's the worst you can do. I've been there. I was relieved when I got mine all sorted out. I am now no longer stressed and making payments I can afford.

Good luck and don't let them beat you. If you have any further questions just ask.

8-)

Can you help me, I have been getting calls to work on a daily basis and I only work 3 days a week, when I come in after my days off there is often a pile of messages say " Personal call from Joanne please call her back " and the 0845 number, this is bad enough but yesterday I was away from my desk training and my colleague got a call from HFC Bank and the girl on the phone asked for me, when my colleague said I was away from my desk she quizzed him over my working hours, then she said its funny i am always away from my desk and could he put her through to my direct manager !!! At this my colleague, thinking it was a complaint for me to deal with came and got me, I told the girl who i was and she said I knew you were at your desk, when I asked her why she wanted to speak to my manager- she said to get them to get me to phone them back !! is this legal?? I was hugely embarressed and found this extremely vindictive and I want to know how to complain to HFC Bank - they confirmed to me the call was recorded. I missed last months payment on my loan and the next payment is due - I fully intend to pay the arrears but I would have had some deep explaining to do if my manager had got the call!!
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Hi again also write about the way she spoke asking to speak to your manager. It should be recorded as their phone calls are recorded. I don't know if you can ask for compensation for harassment but put an official complaint to their Head Office. There is no way they should do this to your place of work - it's harassment and could have got you into deep trouble at work.

Let me know how you get on. Good luck.

Hi the first thing you should do is write to them explaining you wish them to take your work no of your record - or if you can do this online on their website do that - you can even type in a number which is not your number (Ie a fake no). Write to the Head Office explaining you want your work no removed from your account and that they should never call you again at your work. Ask them in future to put everything in writing and not to phone you at all. If you put this in writing and send it recorded delivery then you have proof and it's legally binding.

If you are behind with your payments you could write to them and say that you are having financial difficulties at the present time and let them know what payments you can make each month - even if it's half or a third of what you normally pay. Give them a time period when you expect you will catch up. Be realistic with this for example if you owen £100 and you can only pay £10 a month tell them this saying you will pay an extra £10 a month for 10 months until you are up to date with your payments. They would rather you pay something than nothing.

If you are having real difficulty making any payments you can contact your local citizens advice office or a free debt management scheme to get you onto smaller payments which you can afford. They take into account all your income and they give you a good allowance for having a life. But they stop you getting credit. Make sure if you do this it is a "free" scheme and not one where they take a payment monthly from you. You should be able to find out from your local council if there is one in place. Remember it's a "debt management scheme" - you don't go bankrupt and no-one can take your home from you - you get someone to sort out a plan for you and you make payments through a legitimate company who don't charge you anything. A lot of people don't know these companies exist and go into one of the ones that used to/or maybe still do get advertised on the TV or on the internet by email etc which cost money to you and you never get out of debt. Ignore these ones - go through your council or citizens advice.

Don't suffer in silence - if you can't pay don't ignore it as that's the worst you can do. I've been there. I was relieved when I got mine all sorted out. I am now no longer stressed and making payments I can afford.

Good luck and don't let them beat you. If you have any further questions just ask.

8-)

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Hi

 

re the telephone harassment at work. My Oh had a similar experience this week.

 

I complained to Consumer Direct who were very helpful and gave me a reference no.

 

I sent a letter recorded delivery including:

 

" You have telephoned me at work in a manner that appears to breach Office of Fair Trading and other regulatory bodies’ guidelines. I have verbally requested that you cease this breach; I reiterate that now. Your telephone calls have the effect of psychological harassment and act in a way that is likely to be publically embarrassing to me. Your telephone calls may jeopardise my continued employment and result in significant financial loss.

Should you choose to continue to breach regulatory guidelines and UK and EU law by telephoning me at work I will report your activities to the Office of Fair Trading, the Financial Ombudsmen Service and other relevant agencies.

I have made an initial report today to Consumer Direct regarding your activities (Ref no: xxx) who have advised me to request a reply from you within fourteen working days prior to contacting them again to escalate this complaint.

Meanwhile I should be grateful if you would send me a copy of your complaints procedure.

I look forward to hearing from you in writing as soon as possible."

 

Keep fighting.

 

best wishes

 

vic

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