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    • Can you explain a little bit more about the delivery please. Somebody sent them to you – was it a retailer who sold them to you? If you have to claim against Hermes then if you declared only a £300 value then this is probably what you will have to settle for. You pay £95 shipping costs – that is extraordinarily high for Hermes. Can you explain why it was so expensive.   Have you made a formal claim to Hermes? And have they responded?
    • I'm sorry there are a few typos in my post - a hangover from injuries I had at the time being discussed. I did try to tidy it up straight away but wasn't allowed to repost after editing it.
    • You posted in a solid block of text and it's rather difficult to read. Please will you make sure that your posts 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?              
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Yes, almost certainly you need to report them to the OFT.. they will not get involved in individual cases, but they do keep a record of complaints made which are then used when a company reapplies for its licence.

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Yes, almost certainly you need to report them to the OFT.. they will not get involved in individual cases, but they do keep a record of complaints made which are then used when a company reapplies for its licence.

 

Well I will definitely report them, they won't be bullying me that's for sure ;)

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It is well worth reporting them, they like to take liberties and the more reports the so called regulatory authorities get the better.

 

Try to stay off the phone with them, I know it is tempting to wind them up but it doesn't really help much.

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It is well worth reporting them, they like to take liberties and the more reports the so called regulatory authorities get the better.

 

Try to stay off the phone with them, I know it is tempting to wind them up but it doesn't really help much.

 

I know, I just lost it, had bad news and their letter was the straw etc... I will report them for sure, should have done it earlier this year! Thanks for replying x :)

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It might also be Harassment which is a criminal offense.

Best one of the more senior members think that one over for you and give a better answer.

 

If feels like it.... still nothing from them in the post after our conversation. hmmm

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They most likely to use 2nd class post so don't fret, at present I would say this has not reached harassment level but is getting close.

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They most likely to use 2nd class post so don't fret, at present I would say this has not reached harassment level but is getting close.

 

Thanks... yeah they took about 2 weeks to get back to me earlier in the year when I told them it was Statute barred. I've still got all copies and proof of postage / signed for copies etc. I shall wait and see what happens next.. ;)

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OK, got another letter today saying "Where have we gone wrong?" and they could offer a discount, but if I ignore then they will take "further action"... no mention of courts in this letter.... They are getting on my nerves now! :-x

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Write back to the compliance Manager saying

 

Dear Sir or Madam,

 

I have received your letter dated xx xx xxxx asking how Robinson Way have failed in dealing with this allged debt, I would think it is quite palin to anyone who has read my previous letters : PLEASE NOTE THIS ALLGED DEBT IS STATUTE BARRED AND I WILL NOT BE MAKING ANY PAYMENT OR OFFER OF PAYMENT.

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Write back to the compliance Manager saying

 

Dear Sir or Madam,

 

I have received your letter dated xx xx xxxx asking how Robinson Way have failed in dealing with this allged debt, I would think it is quite palin to anyone who has read my previous letters : PLEASE NOTE THIS ALLGED DEBT IS STATUTE BARRED AND I WILL NOT BE MAKING ANY PAYMENT OR OFFER OF PAYMENT.

Final Response.

 

Thanks... would I be best sending it "signed for", so they can't claim they never received it?

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Thanks... would I be best sending it "signed for", so they can't claim they never received it?

yes so it there on Monday for them.

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This is where you reply using their headings

 

WHERE HAVE WE GONE WRONG

 

You have not stopped your harrassment of myself, so a full report is going to the relevant authorities.

 

This alleged debt is statute barred, if you do not know the legal meaning of statute barring I suggest you ask a qualified legal representative.

 

For clarification, on my part this means I am not going to make any payment for this alleged debt now or in the future and you must stop harrassing me.

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LETTER BEFORE ACTION

 

Dear Sir / Madam

 

I am in receipt of your recent letter entitled 'WHERE HAVE WE GONE WRONG'

 

I will state for the record

 

I will not be making any kind of payment towards a debt that is statute barred, you claim to have received 'payments' that imply that the alleged debt is NOT statute barred. If you feel your case has any kind of merit then you will have no hesitation informing me just how these payments were made, the dates and times and what method of payment was made and where. I have previously told you my situation by recorded delivery mail.

 

Your letter is headed "WHERE HAVE WE GONE WRONG" I will categorically state that this is the question you will be asking yourselves after:

 

a) A harrassment case in court

 

b) When the Office Of Fair Trading see that you are clearly in breach of not only their guidelines, but also your 'governing body' (The CSA), and more seriously the Consumer Protection From Unfair Trading Regulations 2008, You will be asking the same question when you have 'requirements' imposed on you or a fine.

 

After the date on this letter above, if I have to continue to write to you then I will charge you £20 per letter. Also if it is your intention to issue a court claim, then it will be defended most vehemently, and when the issue of costs arises I will have no hesitation in showing this letter and previous correspondence to the judge.

 

I would also quote to you the well known case of Arkell vs Pressdram.

 

I trust this makes my position completely clear.

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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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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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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