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    • @Andyorch   I didn't know that. Thank you.
    • Are you saying the 6/3 year rules does apply to me, even if I only realised it was mis-sold in 2019?   The agent is talking as if I knew this was not compulsory in 2003 when I signed for it 😕   
    • Yes, was received.   Sitting on my hands has never been a strong point.    
    • Thanks both,   The only thing I am still not clear on is there were 4 DCA's that were reporting on my credit report and as I complained they have stopped BUT there is no default date on these debts. Can they start reporting these debts again on my credit report if I stop paying.   When I tried to re-mortgage a few years ago I was refused as these 4 were showing as in a DMP. Ofc they are not now as I told them it should have defaulted BUT they werent actually able to add the default date - so in theory could this happen again.   Thanks so much for your help
    • I'm afraid these kinds of stories are all too common with this company. The impression is that they're not too interested in installing and maintaining heating systems – but rather the finance behind it. Did you do this on some kind of finance agreement? Was it secured on your property? You seem to be doing everything on the telephone – and I think it's about time you started establishing a paper trail. You may end up having to arrange your own service with their authorised installer and if that doesn't happen then you may end up having to get in your own repair person. Of course ASG will then say that you are in breach of their warranty et cetera and that they are entitled to recover all their money back. You will have to show that you are a paper trail in them on notice and that they're not responding and then eventually you had to take matters in your own hands and organise your own repair – for which you would be going to them for reimbursement and also you would have to establish that you had no choice and they are fully liable – including the not allowed to dishonour a warranty. I'm afraid the stories we are getting about this company are dreadful and frankly very distressing
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

out of court settlements


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  • 2 weeks later...
Guest Mumofthreeboys
If one is offered an out of court settlement BUT with a confidentiality agreement can one ask for additional monies to be 'kept quite'?

 

thanks

 

Absolutely - you won't get it, but here's hoping, 'cos that's what I'll be doing if Barclays ever get their finger out :)

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