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    • Incidentally, a brief word – for you, but also for anyone else who visits this thread. It's a word about insurance. By requiring you to take out insurance, they are effectively asking you to protect yourself against their own negligence, their own breach of contract or the criminality of their own employees if stuff get stolen. This is extraordinary and it is part of the culture of the removal business and I have no idea how this culture came about and it is now accepted so meekly as the natural way of things by people who use removal services. There is exactly the same culture in courier services so that companies such as DPD, DHL, UPS – and particularly Hermes require their customers to pay for additional protection in case the service that they have already contracted for and paid for is not carried out. Amazing! It doesn't stop there. Extended warranties. If you go into any Currys PC World, if you buy any computer or washing machine or fridge from them or anywhere else, some salesman will chase after you and ask you if you want to buy an extended warranty. So for extra money you can buy an insurance which will apparently cover you in case the item you have bought breaks down within a certain amount of time – normally three years or five years. Incredible! You already have perfectly good statutory rights which will cover you for most of those situations over the foreseeable reason the expected life of the item you buy. What they are all doing – whether they are removals, couriers, sellers of white goods and electronic goods, is effectively getting you to pay for rights which you already have under statute or under ordinary contract law.  
    • Thanks. How much did you pay for the insurance? Looking at the policy which you have linked us to, I see that first of all there is in excess of £50 and that means you have to pay the first £50 of any claim. According to you, you have only lost about £35. Are you saying that the entire book case is worth £20? It seems very little to me. The second thing is that they say that lost items are not insured unless they are listed with their value. Presumably that hasn't happened in your case. On that basis, it seems to me that the insurance doesn't cover you anyway. I do agree that I think you've been treated disgracefully and I don't think that the lack of insurance is any bar to making a claim. If you would like a bit of fun, then we can help you make a small claim in the County Court to recover all of your losses directly from them for their breach of contract/negligence. Of course they won't be used to that kind of treatment – but do you really care? The chances of succeeding if you are prepared to go to the Small Claims Court are better than 90%, in my view. You would have to play a claim fee that you would recover that when you won your case. Of course in the event that you lost, then you would lose that claim fee and also a hearing fee if it got that far. Frankly, for this kind of money I would imagine that they would put their hands up once you issue the papers and they realise that you are serious and it was going to cost them much more money to defend it then simply to pay you out. In addition to getting your money back and delivering a slap, you would acquire transferable skills so that you could confidently in the future sue anyone who got in your way. What's not to like?
    • You think I haven't emailed their CEO do you the first thing I did after putting my complaint in not for the first time either he totally ignorant he replied to my first email on the first case but had his assistant handle it not him   this company is the worst ever and they talked me into getting these very unsmart meters that are supposed to save me money yet because I m on PYG smart meters I pay more money than those who get monthly or quarterly bills yet I have already paid for my energy   yet there are hardly any other companies who will take on these meters and wont save me money at all for those who would give me an account but only online which is no good what so ever my problem with EON is their website they keep shutting down on weekends and their app only works when it wants to making it even harder to top up my meters   this has been going on since 2019 when I won my first case and still going on now and they wont help me with it yet they had the cheek to phone me yesterday but the idiot wouldn't listen to what I had to say so I hung up and wouldn't answer him calling back   besides he broke the law be phoning me as I have only allowed them to contact me through email and letter only and now they are saying I never replied to them with-in the 21 days which he is lying.  
    • I’ve been given a number that ends with a c..I didn’t get her name but she went and asked her Supervisor, the calls are recorded and she definitely said we had a case but to give him a last chance for today and see if is good to his word..then to call him and tell him that we can now report him to the police..   Because he has made so many promises to deliver and has not refunded on request then they will take action this time as he is out to deceive..   Funny today that our car has disappeared from his adverts so it’s gone somewhere..could he have sold it again?? but it wasn’t his to sell..and the police have stated that..   the plot thickens..a very expensive lesson we have learned from all this and how not to buy a car!   I will keep you all posted and so many thanks..    
    • Hi!   So the company I booked the move with is AnyVan but they outsourced to another removal company. I have no contact details for them.   The missing items are only 2 shelves from the bookcase and only the clothes rail from the wardrobe. Difficult to put a price on them. So the bookcase is completely unusable without the shelves, so I would say £20 and for the wardrobe I bought a new rail and a saw to cut it in size so another £15. Like I said, it's not about the value of the of the items, it's the way they have treated us and their refusal to compensate even though we had paid insurance.   We were both there when they were packing our belongings but we didn't watch them, so I can't say for sure when/how these items were packed. We did check the house before we left and nothing was left behind.   Their insurance policy can be found here: https://www.anyvan.com/insurance-policy.
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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
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Taking Cap1 to court on charges claim


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Hello everyone. We have threatened to take Cap1 to court over charges on our credit card. How do we go about this process using the 'Money Claim Online' site? Is it pretty straight forward?

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Hello Lion, The Best Way Is To Really Take Your Time And Read About It First , Get Your Head Around It All ,if Time Be Methodical Keep All Records, Dont Get Mad , Well Not To Much With Cap 1 , Get Even,, Not Sure How To Link You Direct But Go To The Top Of This Page Just Above Cag Announcements And To The Left Its Says Consumer Forums Click On That , Scroll Down And You Will Find Cap 1 Amongst The Card Section Ok Good Luck :D

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Hi,

If you haven't sent a "Letter Before Action" you should do so first.

Cap1 usually offer you the difference between the old higher charge and the new £12 charge.

 

Once you have that you can file at court. Cap1 usually cave in when they get the court papers.

 

fox

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Don't make threats and don't send letters before action until you know exactly what you are going to do and how you are going to do it.

 

If you have already told One that you are going to take legal action against them and yet you don't know how to do it then it means that your threat is an empty threat.

 

You undermine yourself -- and everyone else who is trying to challenge these people about their own problems.

 

Stop. Take no further action. Spend some days reading this forum. Get yourself a good book on County Court procedure so that you understand what to do. Find all the templates that you will need. Make sure you understand. Get them ready. Then start making your threats -- otherwise don't bother .

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Thanks for the help. We have been following the process on the 'moneysavingexpert' site and untill the court phase it was going quite smooth. Will spend a few days reading up about the court process...hope I haven't wasted your time.

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Thanks for the help. We have been following the process on the 'moneysavingexpert' site and untill the court phase it was going quite smooth. Will spend a few days reading up about the court process...hope I haven't wasted your time.

OK LION A GOOD SITE , BUT THIS ONES MUCH BETTER BY FAR AND AWAY AND MORE INFORMATIVE, AND THE COMBINED EXPERIENCE AND KNOWLEDGE OF MANY CAGGERS , YOU LL BE BACK :cool:

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  • 2 months later...

Hello. Got a debt with Cap1 and requested a CCA from them on 30.11.09. Yesterday (16.12.09 date that Debitas entered default with regard to CCA request) I received a letter from Debitas stating that they are planning immediate action. Today I have received a leter from Cap1 which contains terms and conditions in a leaflet and some more terms and conditions on the back of their letter that states:

 

"Please fin enclosed a copy of your credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulation 1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983."

 

I posted Debitas the 'in dispute' letter yesterday (16.12.09) in reply to their letter. I will wait for a reply to this, but any ideas on future action would be appreciated...

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IMO I would say that their threat of "immediate action" gives you more than reasonable cause to request the documents you require via CPR.

 

I'd await further opinions as tbh it sounds like hot air.

 

M

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  • 4 weeks later...

Back in November 2009 I requested a copy of my CCA from Debitas. Mid' December I received a letter from them stating that they are going to take immediate action, such as passing the debt on to a DCA. They made no reference to the CCA request at all. A couple of days later I received a letter that contained a leaflet of T&C and a double sided letter. On the reverse were some more T&C while on the front it just informed me of the presence of the leaflet and the T&C on the back.

 

In between receiving the T&C I received a visit from a Debitas collector. He never confirmed once that I was the alleged debtor, after informing him that the debt is in dispute and that I did not have to converse with him he said that he would just mark it (the visit) down as a refusal, that way he would still get paid.

 

Today I have received a letter demanding full payment from Fredricksons, any advice?

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Thread moved.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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send em these

 

The Consumer Forums - Debt collectors

 

template 3 and template 13

 

by recorded, if another fool turns up just shut the door in his face after warning him he is tresspassing

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PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Sorry, should have mentioned that I have already sent an 'in dispute' letter to Debitas on the day that I received the T&C, it didn't stop them from passing it on :mad: Could Debitas/Fredirckson not just say that the T&C comply with a s.77/78 request? From what I have read so far they don't seem to have to provide a signed copy, while Debitas state that this complies with what I requested...although I don't agree with them. Also all of our dealings with any DCA are done via recorded dilivery :)

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Sorry, should have mentioned that I have already sent an 'in dispute' letter to Debitas on the day that I received the T&C, it didn't stop them from passing it on :mad: Could Debitas/Fredirckson not just say that the T&C comply with a s.77/78 request? From what I have read so far they don't seem to have to provide a signed copy, while Debitas state that this complies with what I requested...although I don't agree with them. Also all of our dealings with any DCA are done via recorded dilivery :)

they could say anything they like and probably will ! but if your cca request is now in despute and you have sent the despute letter to both debitas and fredirickson the dca ,then sit back and wait, no cca no pay!.

if they got a signed cca they would send it.:D

also send to them the door step letter template.

never talk to any dca in writing only,

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I would be a bit more pro-active, and start using their complaints procedure, Both Debitas, and freds.

 

Also file a complaint with OFT and TS via Consumer Direct.

 

Your aim is to get freds to pass the alleged debt back to it's owner, so the bemused letter should be sent to freds.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Sent off the letters on Monday. Today in the post I received a copy of a signed agreement relating to the 'in dispute' letter that I had previously sent. Although from what I have seen and read on other posts it appears to be a copy of a scanned image, chances are that it is.

 

I think that I will SAR them next as there are alot of charges that have been applied.

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Sent off the letters on Monday. Today in the post I received a copy of a signed agreement relating to the 'in dispute' letter that I had previously sent. Although from what I have seen and read on other posts it appears to be a copy of a scanned image, chances are that it is.

 

I think that I will SAR them next as there are alot of charges that have been applied.

 

 

Scan it up removing bar codes and personal details for us to see and make comment

:mad2::-x:jaw::sad:
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Have you tried 'photobucket'...............

 

Image hosting, free photo sharing & video sharing at Photobucket

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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