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    • Hi.   Have you sent an SAR to the Revenue?   HB
    • Okay thanks. You can either bring a contract action against Parcel2Go or against Hermes. Additionally you could bring a negligence action against Hermes because clearly the telephone was in their care and they at the very least acted negligently – and I suppose it would be possible to say that somebody in their employ may have acted dishonestly. If you sue Hermes in contract they will try to say that your contract is with Parcel2Go – and that would be correct. However you would then rely upon the Contracts (Rights of Third Parties) Act which confers upon you as a beneficiary of the contract all the rights of a contracting party. You would not enjoy these rights if you are specifically excluded by the contract between Parcel2Go and Hermes – but we have no evidence that this has ever happened so far. Even if you were excluded as a beneficiary of the contract, you would still be entitled to bring an action in negligence. It might be more straightforward to go for Parcel2Go – but in this instance there seems to be some clear evidence of dishonesty. I'm assuming that you can gather written evidence of this activation – the fact that the warranty has been started and that this is a clear indication that the phone has been activated by someone. Because of that embarrassment factor – that element of dishonesty somewhere in the Hermes chain – I would be tempted to sue Hermes directly, relying on the Third Parties Act and bringing evidence of the deliberate tampering with the parcel before the judge if it went that far. Generally speaking Hermes will put up their hands when threatened with court action for a small sum. I think for some of £500 they would probably normally force you to a hearing – but I think that in this case as you seem to have good evidence that there has been some deliberate intervention by somebody working for Hermes, I think that it is very likely that eventually Hermes would back down – and they would do well to do so and start cleaning up their own backyard. I don't know if there are any distinction features about your telephone – but I suggest that you start keeping an eye on eBay. So you decide. You can bring a contract action against Parcel2Go – who will also say that you didn't have an insurance. Or you can bring an action against Hermes who will say that you had no contract with them and you had no insurance. In respect of the no insurance your position would be that if they want insurance against negligence or contractual breaches or against the misdeeds of dishonest employees then they should insure themselves. You have paid the delivery fee and you expect them to carry out the delivery. This argument would apply whether you are suing Parcel2Go or suing Hermes. I suggest that you send an initial letter of complaint. Give them 7 to 10 days. I have no doubt that they will knock you back – then you issue the letter of claim. If you never done this before then you should spend a little bit of time looking through this forum at the steps involved in bringing a small claim in the County Court. It's not difficult but you should be aware of the steps so that you have confidence in what you are doing. When you send the letter of claim – you will given 14 days before bringing a legal action. If you don't really intend to do that then don't send the letter. Don't bluff. You send the letter of claim and on day 15 you issue the good news. In the intervening 14 days, register with moneyclaim and start preparing your claim. You can save your work as you go. Let us see the draft claim before you click it off. Your risk factors include – loss of claim fee, loss of hearing fee if they push you to a hearing, time and money spent travelling – probably to your local court. All of these risk factors are relevant in the event that you lose. If you win then you will get all your money back plus the value of the phone and you will also claim 8% interest on the value of the phone – which is a pretty good rate nowadays. Your chances of success, in my view, are better than 85%. I see that a suggestion has just been made by 🇮🇲 in Exile 😄  that you should try and get a crime reference number. Good idea.  
    • If you think you have clear evidence of theft, I assume you have reported this crime to the police?  (I don't expect the police to be at all interested in this, but you ought to be able to get some sort of crime reference number which may be of assistance later).  If I were the carrier I'd be asking you this question, and if you haven't reported it, I'd want to know why you haven't.  (I'm not sure "Well I know the police won't do anything" would be a satisfactory answer.)   I tend to agree with BankFodder that you, the customer, shouldn't have to pay for insurance to cover the carrier performing the contract as agreed - that should be their problem.  Difficulty is you may have to go to court to get your money back - and the court may not agree.   I see you've just posted while I'm typing.  So you have reliable proof that the 'phone was activated while supposedly in transit?  And you could get something in writing (maybe even a witness statement if necessary) from your purchaser that the package had been tampered with?  Then I'd go back to the carrier(s) with this evidence (plus a crime reference number form the police) and say you want the value of the 'phone back.  (Did you declare it's value at any point, and do you have proof of what you paid for it?)   If they don't play ball, then for £500+ I'd be considering suing them.  I'm not saying you'd win, but what's to lose?   (just a couple of thoughts.  Do you have proof of what you sent?  Did you either video it or do you have a receipt or anything saying what the parcel you consigned weighed?  eg if it weighed, say, 750g when you sent it but was empty on receipt, that indicates it was "missing" on arrival.)
    • Looking for some advice regarding dealing with the Debt Collection Department at Trafford dealing with an 'over payment' from 2005/2006/2009/2010 totaling over £8000.00.    Was in discussion with HMRC back in Early 2017.  Their last letter being April when they listed the years they were claiming for and stating the reason it was an over payment was because we hadn't signed and returned some declaration in 2005 + 2006 + 2009 + 2010.  My last letter to them stating it really wasn't an over payment they were just claiming back every penny we have ever been issued because of 4 unsigned forms went unanswered by them.  Nothing else from them until last month came the letter from the debt collection department.   I immediately issued a letter stating I didn't agree with the amount being claimed. I didn't think it was an over payment.  We were entitled to the money that they had 'awarded' us and to contact the previous person I had been dealing with three years ago.  I requested they obtain copies of all correspondence from 2017 and send me a copy.   On 02/04/2020 I received a telephone call from Trafford to say thank you for the letter, they couldn't obtain the documentation I had asked for, I had to do that myself and then could send to them and due to the virus they were suspending collection of this amount.  The person on the phone couldn't advise me how long it would be suspended for.  I asked him to put it in writing advising me they couldn't get the docs I have requested and that it was temporarily suspended. On 03/04/2020 I received a letter to advise they were applying to my employer to instruct them to adhere to the attachment of earnings order and deduct a percentage of my wage and send to them.  It had a copy of the letter inside addressed to my employers. On 06/04/2020 I received a letter thanking me for my letter of the 17th March.  They attached a sheet detailing the over payments that they were claiming.  Confirmed they could not request the previous correspondence and I should request this direct from HMRC.  In the event of a dispute I had to contact HMRC.  They wouldn't suspend collection until advised by HMRC but under the circumstances they arr temporarily suspending recovery action.  They will write to me soon about paying it back.   2005 £821.53     2006 £1635.14     2009 £390.76     2010 £1298.62   My husband has received an identical letter with the same figures on.   I am unsure what to do now.  I don't  want to sit on it until they start up the recovery again.   Do I now contact HMRC and continue to argue this out with them? Can they legally take money from my wages even though I am disputing this? Does me not signing a form constitute them being able to recover everything I have been paid?   My youngest child left school in 2016 and I never claimed for 2007 + 2008  + 2011 + 2012 + 2013 + 2014 + 2015.   Can anyone advise me of where I go from here? Thanks in advance of any help anyone can give me  
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conchy_joe

Welcome/Norwich Union PPI.

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You dont need atemplate just use the details on their letter

 

Yes please investigate my claim under the plevin ruling

 

 

 

Simple as that

 

One line only!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks, I will do.

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I just received a letter from Welcome,

 

Since I originally made a complaint against them I have moved, the letter they sent me saying that they had been asked to look again at my complaint was sent to my old address....

 

When I wrote to them asking investigate my claim under the Plevin ruling I put down my new address.

 

The problem is that they are saying that they need proof of who I am, they say that

" In order to progress your complaint further please contact us on 0333 999 9510 to enable us to go through our standard identification verification process "

 

. they go to say that they would need info on my previous address history and confirmation of my date of birth...

that's no problem but they say please have to hand as much information as possible.

 

Surely they're going to ask me for details such as agreement number, when it was signed how much was the loan for.

 

If I phone them and they ask me a lot of question about the agreement which I can't answer isn't that opening the door for them to say... you don't have any documents and nor do we, can't help you ".

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No

Simply send a ctax bill with your next letter

Never ring them

Inc a list of old addresses


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks I'll do that on Monday.

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I received a letter from Welcome yesterday.

 

They say that

" I have now investigated your concerns and I can confirm that due to the date on which this policy was purchased, your complaint must be referred to Aviva, the underwriters of your insurance for it to be considered ".

 

" This is because your account was taken out prior to Welcome Finance's voluntary membership of the General Insurance Standards Council, which began 27/02/2003. The ( then ) FCA agreed that any non-regulated insurance sales ( those sold prior to WFS membership of GISC ) are the responsibility of the insurance underwriter ".

 

" To progress you PPI mis-sale complaint please contact Aviva at etc, etc,".

 

Should Aviva uphold your complaint for mis-sale, in line with the FCA Policy Statement PS17/3 issued in March 2017, you will not be due any further refund for undisclosed commission ".

 

" Should Aviva reject your complaint for PPI mis-sale, they will make us aware that you have a claim for undisclosed commissions and we will write to you with our offer ".

 

" I am therefore unable to provide a final response to your complaint until we receive confirmation from Aviva advising us of the outcome of your PPI mis-sale complaint ".

 

I have to say right now that I haven't made any contact with Aviva and yet in the same envelope with the same date they have enclosed their final response.

They say that they have looked at all accounts that are linked to the account that I've mentioned in my complaint.

They go on to say that no PPI was sold to me on this occasion and that they are unable to consider my complaint re' PPI mis-sale.

The only document they sent was the original Loan Agreement Form ( 17/01/2001 ) The Optional PPI box is unticked.

 

I really don't know what to make of all this, but I suspect Smoke and Mirrors.

 

Should I send a SAR, that would prove whether or not I really did have PPI.

Also why say that I will have to contact Aviva to complain before they can make a decision and in the same envelope enclose their final decision.

Edited by dx100uk
spacing.

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good so off to the underwriters aviva then.

 

looks like you'll win this easy.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Not sure what type of letter to send, as I don't have any documents/statements from Welcome actually showing PPI charges, all I have is the original agreement not showing PPI, although as MBNA said, they weren't required to. The thing is looking back at my old posts re' Welcome I do mention PPI and healthcare charges.

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to me it appears welcome are admitting there was PPI hence referring you the underwriters

 

not sure what this has to do with MBNA???

 

send Aviva and sar,inc as much detail as you can

p'haps copies of the welcome letter you have got today and that agreement too

[and we'd like to see it too please scan up to PDF read upoad]


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I mentioned MBNA because they said at the time they weren't required to inform customer if PPI was added. I've scanned the two letter from Welcome, where do I send the scanned copies to, also do you want a scanned copy of the loan agreement.

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read upload


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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So the loan was a refinance then

Was this a prior welcome loan?

 

And i see now we can read the letters that welcome are actually saying enquire to the underwriter if you did have ppi...so if you did they might cough..if they dont but confirm there was ppi then welcome could be liable to a plevin refund.

 

You need to read things CAREFULLY

 

As this thread is now 63 posts in and you appear not to understand still


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I looked back at some of my earlier posts ( 2009 ) and found that this was not a refinance.

 

I can remember that the loan given was for £1300 but they stipulated that £400 must go to Capital One to pay off the card debt.

 

I can see that I phoned the OFT and was told that as Welcome were not an insurance company anything before 2005 was not governed by them.

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I'll send a SAR to Aviva on Monday..

..Given that Welcome " managed to find " the original loan agreement is it worth sending them a SAR as well,

 

if both companies send all the relevant doc's it would give a clear picture.

 

I'm also puzzled as to why both the RESPONSE letter and the FINAL RESPONSE letters were posted in the same envelope, since the RESPONSE letter stated that I must contact Aviva first and await their reply.

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As post 63


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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OK, I've read #63 again, I'll SAR AVIVA on Monday. I'll have to assume that AVIVA will be able to access my acct with the number used by Welcome.

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I spent a long time trying to find the exact address for AVIVA and this morning phoned a number on the Net, after a while I was eventually put through to their PPI dept, all I wanted was an address but was connected with the PPI guys.

 

I explained that I wanted the exact address for the purpose of sending a SAR re' my Welcome acct.

 

He asked me for the acct numbers which I gave him explaining that the acct dated back to 2001,

he said that should have no problem in locating the files,

he gave me his name and phone number and said he would write to me immediately confirming my call and that they would contact me within eight weeks although it shouldn't take that long.

 

My question is do you think that I've screwed things up by talking to them over the phone ( I know the cardinal rule ),

As I see it I still do have the right to SAR them and get a response on paper...

What do you think ?.

Edited by dx100uk
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as long as you didnt answer pers financial q's no

and yes sar

the address you need with be on the FCA register


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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opps meant to say didn't...


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I've been thinking about the two letters I received from Welcome and something is definitely wrong.

 

As you know they were both dated 26th June and posted in the same envelope,

the RESPONSE

and FINAL RESPONSE letters each referred to different accounts

they just do not make sense.

 

RESPONSE letter tells me to contact AVIVA and if they uphold my complaint re' mis-sold PPI I will not be due any further refund for undisclosed commission.

they go on to say....If AVIVA reject my complaint for PPI mis-sale they will make them aware that I have a claim for undisclosed commissions and that they will make me an offer.

 

The FINAL RESPONSE says

" I can confirm that no PPI policy was sold to you on this occasion and, as such, I am unable to consider your complaint for in relation tp PPI mis-sale or undisclosed commission ".

 

He further states that

" I have enclosed documents which I believe are relevant to your complaint and may help to explain my decision ".

 

Now bear in mind that the only document he enclosed is the Personal Loan Agreement,

you'll notice the APR is 14.5% and yet the Customer acct Manager went to great lengths to tell me that by going to them I would be subject to Sub - Prime rate of interest,

 

also notice that the Rate of Interest ( variable ) is 1 %,

 

I've left a gap just as they have on the form..strange that they did not put 1.0%.

 

When he says he has enclosed documents ( just one )

" he believes are relevant "

 

isn't it reasonable to assume that he has more documents relevant to the issue and that he's cherry picking.

 

Would I be within my rights/and would it help if I were to send a SAR.

 

Harping back to them saying that no PPI was sold to me,

If AVIVA upholds my complaint it makes Welcome downright liars.

 

Surely then regardless of whatever ACT or whatever Section applies Welcome are culpable.

 

Sorry if this is long winded but it's been gnawing at me for a couple of days,

these people are such incredible low lives,

their lying letters do not even pass the sniff test.

Edited by dx100uk
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are these what you uploaded in post 62?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Essentially yes, but when you begin to pick at them they're contradictory.

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Today I received a cheque from AVIVA for £360.

The attached short letter reads..

" Please find attached cheque payment as detailed in our letter dated 20/07 18 if you have any questions please don't hesitate to contact me "

The letter hasn't arrived as yet.

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