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By Titchytitch · Posted
He took a car out on a loan with my name so I was the registered keeper he sold that car without my knowledge but continued to make the loan payment he was then using my details to transfer the V5 electronically online from car to car and had me down as registered keeper for his cars but he was using my dads address for the V5 and he continued to use my details this has all surfaced once I reported this to the police his latest insurance was nov 2019 with quote me happy who are purely run online they placed him on the insurance fraud database I registered myself with CIFAS and had markers put on my dvla record..I received letters from Jan 2020 nothing before that as im assuming letters were sent into his online portal or some other location They never spoke to me regarding the policy investigation theyre assuming the forms of information they requested I gave them to my sibling when in fact I didn't I dont know the amount or anything the policy investigation only cane to light through the ombudsmans complaint Due to the stress its caused I was thinking to pay it but I'm more concerned of getting a default as not only am I lumbered with his debt but also a default -
Hi.. He is selling all his cars on eBay, gumtree and motors. We went to his address as advertised on the sites which is where he is ‘trading’ from and where he asks you to go to view. So it was off these sites that we saw his adverts. His ‘receipt’ he sent us includes the reg number and I suppose it is proof that it is from him as his iCloud mail. The as for ‘our’ car is still live, he has not removed it so it is still for sale..it shows the reg plate and it corresponds to the one he wrote on his ‘receipt’ to me. Hoping Action Fraud may take action either against the Company or Tim himself? We know our chances of getting the money back are nil..surely it is fraud and he should be done?? Not a good start to the year..
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Well you are only submitting a defence so the rest disregard. .
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By Ethel Street · Posted
@Titchytitcha couple more questions: (1) There seem to have been several cars insured under the policy with Aviva from December 2015. For all the cars insured since then (a) have you been the legal owner (ie was the sales invoice/receipt or similar for its purchase in your name) and (b) were you the Registered Keeper named on the log book/V5C? (2) Do you know about the claim in 2017? How much was it for? Where did the claims money go? (3) Put bluntly, the Ombudsman believes you are lying. The Ombudsman believes you were aware of the policy because of the 12 letters Aviva sent to your home, addressed to you, since the policy started. I too am puzzled about how none of these letters ever arrived at your house. Have you asked your brother if he intercepted them, and how? You speculate that he might have set up a PO Box, ie a different address, but that would only work if he'd instructed Aviva to change the policy address to a PO Box. Have you seen copies of any of these 12 letters? Did they show a PO Box address? -
As I go through the defence it has sections for - Defence, dispute reasons, defence particulars, counter claim, service details (this is where it asks for correspondence details, and asks for additional details such as telephone or email - I assume it is because they do not have these details for me, only my address), summary, and confirmation. There is no red asterix to suggest I have to provide additional correspondence details.
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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