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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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MBNA - CCA...... again..........


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Hi all,

 

Here's the story so far........

 

My Subject Access Request was delivered by recorded post to MBNA on 20/4/2009 and I received their response today (17/6/2009). I make that a total of 58 days, as opposed to the statutory 40 days. I submitted a complaint to the ICO on 11th June to highlight this breach.

 

In my original request I stated the following:

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to Account Numbers 4129 xx xx 8059 and 4129 xx xx 1240. Please would you also advise me of the logic involved in any automated decisions taken by you about us pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

In today's response they have provided:

 

MBNA:

A copy of the signed credit card agreement / copy of application - poor quality! (Signed 24/1/200 by me, stamped by them 2/2/2000)

A copy of the executed agreement together with current terms and conditions

Account transaction history

 

They also go on to note:

"We appreciate the copy of the original agreement is not very clear in parts but it is the best copy we can provide. For avoidance of any doubt, all of the necessary and prescribed terms are included in the credit agreement. In addition, you will find terms are also set out in the copy of the current credit agreement we are providing you with, and are sufficient for the purposes of the Consumer credit Act."

 

A&L:

A copy of the executed agreement together with current terms and conditions

Account transaction history

 

They go on to note:

"A copy of the signed credit card application form and agreement is not available due to archive retrieval issues. Should we hold any correspondence for the accounts(s), in accordance with section 7 of the Data Protection Act, this will be forwarded separately within the 40 day time period"

 

So, my understanding is as follows:

 

Alliance and Leicester is pretty cut and dried - no signed agreement = unenforceable!! Am I right? - Does anyone have a good letter to get this one out the way, so I can focus on the other one?

 

If so, is there a proper form of words I should use to get this sorted out and avoid paying them any more money in the meantime?

 

MBNA - they seem a bit more confident that this one is enforceable, but one key issue is that over the years, they raised my limit a number of times without me requesting it, which I understand puts them on shaky ground, although they have not responded to this point from my original request (the same applies to A&L by the way!).

 

What are the key points I need to look for to crack this agreement and where should I look? I don't for instance see anything that specifies the amount of credit....... Has anyone taken MBNA on and won with an agreement from about the same period?

 

Does the fact that they have failed to comply with the 40 days mean anything like the 12 day limit if you put in a request under the CCA?

 

Your help would be greatly appreciated!

 

Having already gained some insight, what I need are:

 

1) the template for a letter to A&L stating (in appropriate legal pleasantries) that they can now spin on my finger for their money!

 

2) a solid definition of what constitutes a legally binding agreement with MBNA against the signed contract ..... and/or an indication of where they screwed up and I can exploit this to my benefit.

 

The "gotcha" is that the quality of what they sent me means that it just won't scan in a way that is useful to post here - the file sizes are either 7Mb per page to get anything close to decent resolution, or so grainy as to be useless - I'll keep trying to resolve this and will post the two pages later if I'm able......

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"We appreciate the copy of the original agreement is not very clear in parts but it is the best copy we can provide. For avoidance of any doubt, all of the necessary and prescribed terms are included in the credit agreement. In addition, you will find terms are also set out in the copy of the current credit agreement we are providing you with, and are sufficient for the purposes of the Consumer credit Act."

The agreement must be legible & the prescribed terms must be within the 'four corners' of the signed agreement. These must include; credit limit, repayment terms, %APR etc.

Alliance and Leicester is pretty cut and dried - no signed agreement = unenforceable!!
Yes

1) the template for a letter to A&L stating (in appropriate legal pleasantries) that they can now spin on my finger for their money!

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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within the 'four corners' of the signed agreement.

 

Thank you Cerberus Alert!

 

If the Ts and Cs are on the flip-side of the page and not visible on the page that contains the signature - does that mean it's not within the four corners.......? What about if they refer out to external documents that are not part of the signed document.....?

 

What if the original was legible but the copy supplied is not......?

 

Apologies for more questions, but if I'm going to take them on, I'd rather be "watertight" from Day 1, as I'm sure you understand!

 

In terms of the link you sent me, this looks like a request under the CCA, rather than the DPA - not a problem, I can amend this information and the bits relating to 12 days, etc.

 

The key bit for me is "true copy of the executed agreement" what does that mean in plain English.....?

 

Again, more questions - apologies!

 

R/

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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I looked at that - it's an excellent document!!

 

It does, however, assume a level of legal knowledge which, if I had it, I probably wouldn't need to ask the questions I'm asking...... it's like being given a technical manual for an application that assumes I already know how to programme in that language......

 

I need something that assumes I don't know the ins and outs of the legal equivalent of HTML, C++, or whatever...........?

 

Don't think I'm being ungrateful - far from it, I just need a little more detail to kick-start me.

 

Cheers

 

R/

Edited by RoryM
grammar cock-ups
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