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    • Chargeback completed. Thanks to all for your help!!👍🏻
    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
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Threat of bankrupcy. PLEASE HELP!!!


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I've just recieved a rather strange phone call to tell me Hillesden Securities are taking civil action against me for bankrupcy.

 

I got a car on finance from welcome some years ago.

To cut a long story short I took out mechanical breakdown insurance through welcome.

The car broke down and they refused to fix it so I decided to stop paying them (in hindsight not a good idea).

 

Anyway... Welcome repo'd the car then tried to shaft me for massive amounts of money of the course of around 5 years. I maintained that welcome were in the wrong and that they did not stick to the agreement.

 

Anyway all this time they have been adding interest so what they are chasing me for £5 &1/2 K now when the original car purchased was only £1K.

 

I would appreciate ANY help or advise you can give me to stop the bankrupcy.

 

Thanking you in advance

 

Ben

My opinions are my own and not those of anyone else :D

 

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http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

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no i didnt do it in writing. The branch manager came to my house and told me they would repo the car. I explained to him that his predeccessor (sp) had refused point blank to fix the car. He asked me if i would keep the car if he had it fixed and i told him i would not as the car had been stood for so long i had to borrow cash to buy a cheapo.

Yes the problem was covered but still they refused stating that i neede to make several more payments.

 

The phone call i got this evening stated that there is to be a hearing this friday regarding my case yet i have not been informed of this nor would they give me any details about it other than that a receiver had been asked to attend on my behalf.

hope this helps

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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If they are taking you to court this friday then you should have been served papers to attend court, and given the opportunity to call any witnesses.

They cannot send someone on your behalf, i take it you havent moved so they could not get in touch with you.

 

They cannot refuse to tell you where the court hearing is, I would be inclined to phone them ( although we always say do everything in writing) but because of short time and find out the necessary details.

 

If they have refused to rectify the car under a proper claim under the valid warranty i think they would have difficulty proving a non rejection.

I also would think that if it is the county court then if you attended and informed them that this is the first you have heard of this then they would give you time to prepare a case.

Once this has been done you then go for one of the fantastic Subject Access request letters on the site, they then have to supply you with all the paperwork they have on you for the case.

Personally i think they are trying to frighten you.

My advice is to ask them for the details of the court hearing stating that if necessary you will attend court and ask for an adjournment.

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I am assuming (rightly or wrongly) that they are holding a meeting and inviting a reciever to decide if they should take civil action against me.

 

I have lived at this address for 3 years and they have alaways known my address.

 

I was thinking about doing a SAR now and see exactly what they have got on me.

 

This matter has been ongoing for several years and welcome have always blatantly ignored me in the past. Since Hilisden took over the debt the problems have been the same.

 

I got the impression they were trying to frighten me too.

I will contact the woman who rang me earlier as she gave me her name and a contact number.

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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Personally i think they are trying to frighten you, all DCA monkeys do the same, i had a DCA ring me today and i just laughed at them, no enforcable agreement.

 

Yes send them a subject access request by recorded delivery.

 

DO NOT forget they cannot make you bankrupt only a court can do that.

 

These people are **** and what pleasure they get out of frightening people is beyond me, one day all this rubbish will come back and haunt them.

 

 

Just stay calm they know full well thier chances of success are limited especially when you have all the relevant facts to hand.

 

There are many threads on here regarding welcome car finance, have a read of them.

You are not alone there will always be someone on here who will help you,

This site is brilliant, and the people on it are amazing

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Hiya Mate, Yep to advise, my BR was done without my presents due to my IVA failing. I was served court papers by a court clerk at the door (lovely chap who explained bits and pieces etc). If you haven't moved and haven't received these papers from the court directly, then as sunnyskies1 has said, a scare tactic from a low life.

Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer 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. :wink:

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Thank you for your advise stinky and sunny.

She the woman has tried to contact me several times again since.

My partner took the calls as i was at work. The woman told my partner that if i didnt pay £5.5k by yesterday i would be made bankrupt.

She also attempted to scare my partner into giving out my mobile number but my partner being the person she is told the woman i couldnt be contacted.

The woman on the phone didnt like this and got REALLY pushy so my partner put the phone down.

 

I think your both right about this being a DCA trying to scare us.

 

Also i'd just like to point out that i have been unable to contact this woman on the number she gave me, which i'm not suprised about at all.

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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You MUST record your calls.

 

We are hearing more and more of this kind of thing.

The banks and DCAs are becoming frenzied with some fver of debt recovery.

 

record your calls. It is so important.

Read our review section and eslewhere on the forum about this topic

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The phone call i got this evening stated that there is to be a hearing this friday regarding my case yet i have not been informed of this nor would they give me any details about it other than that a receiver had been asked to attend on my behalf.

hope this helps

 

Send them a letter asking what sort of hearing it is and where. Ands as a precaution phone your local court and their local court to check they havent got something in there - if they have you can obviously challenge it on pre action protocols but better to be sure they havent sneaked some dodgy petition in through the back door.

Have you any assets ?

What is the amount they are claiming?

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

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yes my partner and i have a house and a car. The house is in joint names as is the bank account.

we dont have any savings or any other real assets.

contacted my local court and theres nothing happening there

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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do you have equity in the property

 

It costs a creditor around £600 to file a bankruptcy petition, plus legal fee's, the average bill is about £1500 just for them to declare you bankrupt.

 

Unless they feel there is a good chance of seeing a return for that money, they wont follow through.

 

Remember ALL your unsecured debts go int BR, ant the OR charges £1800 upwards to administer your BR, whats left after that is shared between all creditors, so its a big gamble for a creditor to make you bankrupt.

 

Which is why they very rarely do;)

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I have to say that this is shocking, we are seeing so many of these situations where an insurance policy was added to give you peace of mind, yet they are not worth the paper they are written on. !! What sort of premium was added to the loan to 'cover' you ?

 

If it was me in your situation firstly I would send of a request for the agreement which you can find here - LETTER 'N' (this needs to be sent to whoever owns the debt now) you need to send this by recorded delivery and enclose a £1 postal order.

 

LETTER 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

It might also be worth sending this to Welcome too unfortunately this will cost you £10, but you may know more about where you stand and the corresponding paperwork....

 

In the mean time you need to start an official dispute to challenge the fact that the insurqance that was offered was basically not worth the paper it was written on. And you could say that you feel that you were missold the policy as you were led to believe it would cover you.

 

This is the SAR to send to Welcome

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

 

 

 

And keep us posted.....there is obviously a major dispute here !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thank you for all you help guys.

I have this morning received a letter from a company called ati regarding this case.

 

Funnily enough it says NOTHING about any BR claim.

I will scan it and post it on here this evening and hopefully some of you may be able to help me with it further.

 

Thanks again for all your advice so far

 

Ben

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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