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    • Hi Rich,   There was really no need to wait for a reply from the gym.   Go back to your bank and tell them, " I require a refund of DD's taken by the gym on xxdate, xxdate and xxdate in the sume of £xx.xx, £xx.xx and £xx.xx respectively. I am entitled to such refunds under the Direct Debit Guarantee Scheme to which banks subscribe."   No need to justify to the bank what amount you require.    Reclaim precise recent DD's that equate to what you've now overpaid to the gym.   Do it via the bank and don't involve the gym - it's unnecessary.
    • well thats because you all fall for or wrongly believe the same BS.   Any guarantee or warranty is in addition too, and does not replace, your rights under the consumer rights act. which is NOTHING to do with any manufacturer, CRA is against the RETAILER curry's.   it's your job now to employ someone, or to produce a report that concludes the fault was there when the item was sold to you, as you are outside of 6mts, under CRA that defaults to the consumer.            
    • We had a case here recently where a motorist who was being sued by a PPC put in a great deal of work and educated himself/herself about the law, and filed a detailed defence demolishing the fleecers' claim point by point legally.  On the surface a fantastic piece of work ...   ... except that gave the PPC's solicitors months & months notice of what the case would be fought on and they made up lie after lie to counter the motorists' points.    As dx says it's best to file an extremely generic defence now, keep the fleecers in the dark and then when it comes to WS stage hammer them with the points you've listed - by which point it'll be too late for them to make up lies back.
    • You have most likely came across lots of complaints regarding Currys "After sales care/support"  well lack of it!   I find myself currently in a similar position as hundreds of other ex customers of Currys, cutting a long story short. I purchased a Logik range cooker paid in full online with my debit card February 2020, i did not take out the Repair Care service, but why would I when my product has a 12 month manufactures warranty guaranteeing repairs or replacement etc,   December 23rd 2020 the outer oven door came apart from the inside oven door at the bottom "top opening" kept together at the top and swinging obviously I couldn't use as very dangerous, no Christmas dinner for us.    Checked my paperwork for manufacture number, not there however it did state "contact our customer service team who will guide you in the right direction) impossible, so I e mailed, personally I like to keep a paper trail, received a reply email 15th January says "Cant do anything you have to contact manufacture on this number", so i did several times.   Its now May 2021 I still have no cooker, I have been through all that unrepairable and uplift number etc.  What concerns me more than anything and really gets me angry is the number they give you is not the manufacturer Logik or indeed any other manufacturer it is Care Repair UK, a contracted white goods repair service any make!! and they also provide the same service when you buy the extra care service.   My point is, I am more annoyed that they are getting away with this con ripping innocent people off who more than likely are struggling even me than replacing my cooker. There must e something I can do and I am asking for support to help me do this.   Many thanks   
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    • 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
      • 32 replies
    • 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
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Who are Clarity? Do I need to talk to them?

 

I've just received a phone call to my business line and within 5 minutes a second call to my mobile both from a company named Clarity who were calling on behalf of Citicards.

 

I gave them my usual response that I do not give any security related details over the phone and asked them to put any questions they had in writing and that I would then respond.

 

I wrote to Citi along with all my other creditors back in April with a CCA request more info here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/203269-introduction-background-my-debts.html but that request has been ignored so far.

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Clarity are a DCA.

 

Out of interest have you sent a CCA request off to them?

 

If they call too frequently I would suggest making a complaint to the OFT as this constitutes harassment, inform Citi of what you are doing, then if they continue you can always try to get Trading Standards involved.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hi Enron,

 

Today was the first I have heard from them. I'll await the letter I've requested from them before doing anything more.

 

I sent CCA request to Citi back on 2nd April and sent a follow up on 21st April.

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Interesting, at least your not getting a copy of Terms & Conditions out of them which was there standard practice.

 

That said from what I am hearing now Citi are not replying to CCA claims at all now, likely the OFT have had a word in their ear.

 

After 12+2 days have passed of the s78(1) CCA request they shouldn't be doing anything, and that would include requests through mail and over the phone. We are talking Citi though who believe they are above the law and regulation.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Just has a silent call from 01604686020 who I understand to be Clarity. Moment later my other phone went off and this time they spoke confirming that they were Clarity.

 

I stopped them in their tracks at the "can i just confirm" stage and once again asked them to write if they have anything to ask. They said they wrote on the 9th. I await the letter, however, before i got the chance to hang up my mobile went off and guess which number was calling 01604686020!

 

What sort of systems do these people operate when they call all your numbers simultaneously? No wonder half the time you answer there is no one there!

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If they are calling you more than a couple of times a week it can be considered harassment under the Protection From Harassment Act 1997, additionally Trading Standards can prosecute under the Administration Of Justice Act 1970.

 

What I would suggest is not messing round, if they are hassling you say that you will be contacting the Office Of Fair Trading to make a complaint in writing. And do it.

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London EC4Y 8JX.

 

I would also suggest contacting your local trading standards department to see if you can gain their assistance in this matter, lodge a complaint regarding the calls, and as for their help in gaining a copy of the executed agrement - its a document you are legally entitled to: Trading Standards Institute - Home page

 

The creditor has not completed your section 78(1) Consumer Credit Act request, and as such as clarified to me by the Office Of Fair Trading the creditor cannot enforce the agreement AT ALL until they do - which would include phoning or writing to you including payment:

 

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

 

The important part is page 2 paragraph 4 from the above.

 

In addition to obviously being in breach of section 78(6) Consumer Credit Act which the above letter clarifies whilst they are in default of your request, in continuing to phone you they are also breaching the OFT Debt Collection Guidance - final guidance on unfair practices:

 

1.1

• failed to comply with the requirements of credit or other consumer

legislation

• engaged in business practices appearing to us to be deceitful, oppressive or

otherwise unfair or improper (whether unlawful or not).

 

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

 

Citi are even breaking their own internal code of conduct relating to free access:

 

http://i26.photobucket.com/albums/c104/telso/1.jpg

 

That said we are talking Citi who act as if they are above law and regulation, they will likely continue to enforce your account regardless of whether they have completed your s78(1) CCA request though - which could have implications on your credit file.

 

This is likely the reason they do it as a way of pressurising people into continuing to make payments despite the fact they are not legally obliged when the request is outstanding.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Many thanks Enron. I had more or less decided to await the letter that Clarity claim to have sent then probably reply telling them the Citi have declined to furnish me with a copy of my agreement, that I consider the agreement to be in dispute and that Citi cannot therefore instruct them to act. Finally if they believe that there is a valid enforceable debt them prove it. That said you are giving me other responses that i'll need consider before concluding what way is best.

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Clarity shouldn't be contacting you at all, at least not until Citi have provided you with a copy of your executed agreement.

 

As it stands until they do so the account is in dispute, and Clarity are trying to enforce an agreement whilst the original creditor is legally barred - and by proxy so are Clarity.

 

Just complain to the Office Of Fair Trading as obviously Citi are not complying with the law and regulations, but are instead trying to bring in the bully boys to get you to pay up when you are under no obligation to do so.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Another very good point Enron. I think what I'll do is simply copy their letter when I eventually get it and send together with my prior letters to the OFT and copy both Citi and Clarity in on that response. That way I'm keeping them in the loop without actually having to answer them.

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I now have the letter instructing me to direct all communications through Clarity and offering me a settlement discount. I plan to write to OFT as above and copy them in.

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Ah, just Clarity after their pound of flesh........ as long as it hasn't been transferred by Notice Of Assignment its not there account anyway, just that they take a commission on any money paid via them.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I was about to send this:

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

Dear Sirs,

 

Formal Complaint against Citi Cards and Clarity

 

On 2nd April I wrote to Citi Cards to request a copy of my credit agreement. A follow up letter was sent on 21st April because no communication had been received. Since then I have mentioned to callers representing Citi that I was awaiting a response to my request but to date this has been ignored.

 

I regard this account to be in dispute until I have had the opportunity to inspect my Credit Card Agreement together with my account history and verify Citi’s claim. Citi have failed to comply with section 78(1) of the Consumer Credit Act request, and as such they cannot enforce the agreement.

 

I have most recently received phone calls from a company named Clarity who claim to be acting on behalf of Citi and as of 08:40 this morning am in receipt of their letter of introduction. I believe that such action is in breach of section 78(6) Consumer Credit Act.

 

I will be happy to furnish you with copies of all letters sent and received if this is required but in the meantime I trust I have provided sufficient detail to facilitate an initial investigation.

 

Yours faithfully,

 

But wondered if it is best to enclose all copy correspondance from the outset?

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That'll do it.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Just double checking all my facts and note that I sent Citi another letter on 14th May

Dear Sirs,

 

I refer to your recent telephone call to solicit payment and draw your attention to past communications in connection with the above account. I refer you to my letters of 2nd and 21st April and my remarks regarding your failure to comply with section 78(6) of the Consumer Credit Act 1974. I informed you that your failure to comply had placed my account into dispute and that this meant that you were not entitled to default or enforce the agreement until your breach has been rectified.

 

I also issued you with a statutory notice under section 10 of the Data Protection Act instructing you to cease processing any data in relation to this account with immediate effect.

 

At this moment in time you have not complied with the aforementioned requests and may be committing a criminal offence.

 

Yours faithfully,

 

I think I had better incorporate that into my letter to OFT

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I'm just using this as a convenient diary of events.

 

Clarity phoned twice this evening, once to the house and the other time to my business; both circa 18:30. I was unavailable to talk and guess at this stage they may not have received a copy of my letter sent yesterday. Not al all sure I'd have spoken to them even if I were available.

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I am in receipt of two letters today. The first from Clarity merely acknowledges my letter and states that they are consulting with their client. The second is from Citi and acknowledges my complaint but states that it may take eight weeks for them to respond (apparently this is within FSA guidelines), but makes no reference to all the prior letters. I find it strange that it is only now that they recognise I have a grievance with them.

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Citi's standard response, they'll likely reply with another standardised letter while continuing to operate the account as normal.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Got a standard letter back from the OFT today.

 

I wonder just how many people complete and return the "permission to disclose complaint" form. I have but I suspect that many fail to do so but I'm sure that if you are prepared to put your full details forward they must take the complaint more seriously. Does anyone know if my guess is correct?

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  • 2 weeks later...

I silent call and one spoken from Clarity today. I stopped the caller at the first hurdle "For security can i ask" which a "No you cannot, goodbye"

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Think it depends on numbers, the more people complain and return the form, the more chance of something happening.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 weeks later...

I've had several silent calls in the past few days and a 1471 reveals the origin to been Clarity. They have failed to write again and Citi have so far failed to provide a CCA and have not yet corrected the default they put in my credit file.

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Worth complaining to the OFT about both Citi and Clarity.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I did. and got a reply beginning:

 

"I am very sorry to hear about the difficulties you have been experiencing, however the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers."

 

There is more but that initial paragraph clarified that they cannot do a thing.

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They do however act if they get enough complaints.

 

Failling that Trading Standards should be able to help.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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