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    • Thanks for the quick replies and advice!   I need to check the dates of these cc's, but i'd estimate:   Bcard1 - 2001 Bcard2 - 2007/8 Lloyds - 2015 Tesco - 2016 Natwest - 2003   The loan was taken out in 2019.   Regarding enforceability - this is part of the reason I want to manage any plan myself - I don't want to be cash cowed.   I will open a parachute account this weekend, outside the RBS group and move dd's to this account!    Seems scary to just stop making payments, but I agree, the sooner the defaults are applied to my file the better.    I haven't taken advantage of the covid payment holiday on the loan, but i assume that would be fruitless for the same reasons - can Natwest insist I take this to avoid defaulting the account   Thanks   A
    • I think I could open the door for a bank charges claim as well. I wouldn’t be challenging whether the charges were unfair/lawful under the banks standard terms, I’d be challenging whether it was fair for the bank to apply charges when there were no terms allowing for the charges to be applied.   Could a CCA Sec 140 claim work!?!?
    • I’d add (just in case the DJ says “but if you couldn’t pay, you shouldn’t have parked”): “The situation being compounded by the app appearing to allow payment, with a countdown timer for the period ‘paid for’ appearing”.   Have you offered to pay the fee the app should have taken but didn’t?   If they were stupid enough to take it to court I’d invite the judge to find that they were entitled to that fee, and only that fee, but [contrary to the usual guideline of costs ‘in the case’] you were entitled to the {limited} costs available in the small claims track. They’d ‘win’ : but only for the parking fee, you’d win : by them being the ones an order of judgment was made against!
    • He is correct, though that only a judge can order him to refund the money.   You can’t complain about him saying only a judge can order it: that’s what the County Courts do - adjudicate disputes. You can complain that the guidelines make it clear what the outcome will be, so his behaviour is unreasonable.   ”That, Sir” (or Madam), “is the crux of why we are here. I suggest it is inevitable that you will find the refund must be made, and the Defendant should have seen that, but their intransigence has led to this matter reaching you”.  
    • Always have your door locked, to avoid anyone getting in without your permission.   Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.   As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left.    The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.   https://www.civea.co.uk/complaints
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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todays rant is about shopping. I want a new fridge so checked out online waht is waht and how much, chose one i like and then phoned Currys CS to see if they have them in stock at my local store. No they dont. Ok, what do they have in stock there for customers to take away? NOTHING, not a single fridge or freezer, no washing machines or any other white goods. they have zillions of display items but you order them and they deliver to your home when they can. Ok when can fridge model XXXX be delivered? 5 weeks time. Can it be delivered to the store so i can collect as soon as it gets there rather than have to wait in at the time of year i actually do some paid work? no.

tried Argos, they have unexplained price changes, delivery times advertised as same day but cant deliver for 10 days and no humans to tell you what is actually stocked for collection at your local store. Without a payment reference you cant use the automated system and I'm not paying for something they havent got just to find out they havent got it.

 

 

It is all down to the fact that people dont go out to buy things any more, they just use the store to browse and then order online. Sorry, that is like saying "you are the 20th person we have told today there is no demand for it", a self fulfilling prophecy.

I will probably try my local tip as they have a shop there selling recycled stuff, at least you know you can take it away if it is on offer.

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try AO

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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you cant collect in person from AO. that is the main problem with all of this online shopping lark, i want to go and buy something at my convenience not prat about at someone else's convenience.

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yep, just take the lid of the landy.

Anyways modern refridgeration systems dont need to be left sitting for a day before you can use them. It is only a spare for the garage so we can store gallons of cold drinks for when the family come round so it will sit there for probably another fortnight before it gets used assuming i can find someone who actually has them as selling stock. Argos in next town supposedy has some where our local one is a drop off one inside Sainsburys.

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Where we used to live there was a local independent retailer in the high street. They were part of a buying group and the prices weren't bad at all. And they would deliver at your convenience. Sometimes it's nice to support local businesses.

 

 

 

HB

Illegitimi non carborundum

 

 

 

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  • 4 weeks later...

Getting the renewal notice for car insurance from Halifax, which has increased by £600 for the year but they can't tell me why. So, shopped around, got a good deal with more protection and costing slightly less than what I was paying the Halifax!

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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had that last year so shopped around and the best online deal came from my existing insurer. same with buildings and contents. Why do they not look at their databases and see who is likely to switch by looking at quotations offered on a number of previous years. They store the info because they are quite happy to try and sell you bad deals years after you left them last time for doing the same thing.

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