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    • This is on a headed letter.   I also have the blown gasket and incorrect screws used.  
    • I spoke to customer services and they refuse to deal with it so I am putting I formal complaint in writing.  So what about dcbl? Just ignore or should I write to them with something to keep them at bay?
    • So they had the information before they sent off the defence saying that they didn't have the information. I suppose they will say that this was an invoice and not an inspection. I suggest that you write them a quick note and send them a copy of the invoice – and say that this is a copy of the information which was already provided to them before they file their defence and you will be referring to it during the mediation. Do that straightway by email if you can. Also, have you got anything from the garage which refitted the turbo which states that it had been incorrectly fitted? Also, have we asked you the name of the garage you are suing?
    • Yes they asked me for the invoice of the repair. I sent it to them immediately, and I also said I don't want to have a huge row about it, if you can just pay for the repair (approx £180) I'll leave it there .     I had to chase again after a while of being patient then I was told to contact head office to see if I could have my money.   It was at that point I decided to take action as I was fed up with it, and that they should be helping me not faffing me around. I hope that this decision doesn't come back to haunt me
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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

1st Credit, debt not mine.


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Hello, im new to this. I will try to explain fully so i can hopefully recieve some helpfull advice.

In August 2009 i recieved a letter from 1st Credit looking for someone with a very similar name to mine that previously lived in Bournemouth. As i am not the person they are looking for i phoned them and tried to explain this fact, as i would not supply any personal information the phone operator basically told me that this was an admission of being the person they are looking for and that futher proceedings would take place. I witheld my telephone number so they have not phoned back.

I wrote a letter (i have proof of postage and delivery) to 1st credit explaining that i am not the person they are looking for and that i have never lived in Bournemouth or even in the county of Devon and that i have medical and financial records to proove this. They have ignored this letter and now have sent a letter stating that they have been assigned to administer an account of outstanding debt of £18,500 on behalf of a major high street bank and i should pay up. I do have an account with this bank but am not nor have i ever been in debt to anybody. I contacted the bank who informed me that i am correct in that i am not nor have been in debt with them but apart from that were of little help.

I have had to see my GP as £18,500 is a lot of money to me and as i am on long term sickness benefit and this letter has caused me more worry and grief.

Please any advice would be most helpfull

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Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

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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Should you call them again, it would be very useful to record the call and have them repeat the kinds of disgraceful things they have already said. You don't need to tell them you're recording. This is one rare instance where actually talking to a DCA could actually do you good, as they'd never put their shameful bluster in writing!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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If you get more letters, simply copy them and forward to the authorities in further support of your complaint. Then keep them safely filed - no need to respond to 1st Credit, as you've already informed them the debt is not yours. They have to prove otherwise.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Casper

 

Now your've written to 1st Credit, yourve disputed the debt. Try not to worry, just keep filing the letters as they arrive.

 

Allow 8 weeks to pass, then file a complaint with the FOS. But in the mean time file a complaint with the ICO, 1st Credit have more than likely Breached the DPA 1998.

 

I have 1st hand experience of the situation your in. My wife was pursued over a 14 month period. By 1st credit, connaughts Collections, ScotCall, and between them they threatened all sorts.

 

The matter is almost at a close, the FOS upheld my complaint, and the ICO found 1st Credit likely to be in Breach of the first principle of the DPA.

 

The situation at the moment is, the Adjudicator at the FOS awarded compensation (in the hundreds). But I asked for the assessment to be passed to the Ombudsman and passed over the ICO assessment. So hopefully it should it should all come to a close, without the need to go to court.

 

Hope this helps.

 

Spark

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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