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    • Well I'm just butting in on this thread and I don't really know at all what's going on – but what I am certain of is that if you decide to take a legal action against somebody – it means that you have a plan to do so. This means that you understand the route, the threat you are going to make, what you are asking for, and when the deadline for the threat has expired then issue the action – no delays, no discussion – nothing. So I understand here that you not even sure who you are going to sue. This means that effectively you may not even have sent your letter of claim to the correct party.
    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
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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
      • 27 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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Claiming back PPI on a debt that was settled for less


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I had a halifax loan and I was mis-sold PPI. I had some personal problems which meant I was defaulted and could only afford a small amount each month towards the debt. I then came into money and arranged a settlement with them. Bal was 4K and I settled the debt for 2K.I wondered if I can claim PPI on this, will Halifax give the money to me or will they pay it back into the debt even though technically it's finished and they were happy with their final payment?Thanks

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No harm in trying, you might well find that they realised that they had mis sold the PPI and used that to balance their books. Give it a go.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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have a look at the wonderful stuff on the FOS website

 

fill out a complaint form & do a SOC and fire it off

 

it should go to you pocket, regardless to the F&F

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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PPI is totally separate to the loan in any case. ;)

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I had a similar experience with CAP 1 - Reduced Settlement for them to close the account without incurring default, they settled on PPI complaint but were able to offset the refund against what would have been owing as citizenb says balancing their books. The FOS said they were in their rights to do it too! You have nothing but your own time to lose and a few pence in stamps and you never know if your PPI plus interest could be worth more than what they effectively let you off paying anyway and you would if they did try and balance the books get something back!

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urm...something not right there, the PPI you actually PAID can only be offset against the arrears - not the total outstanding balance, the rest should go to your pocket.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 years later...

Sorry for bumping an old thread but anyone else got any take on this?

 

I'm in the same boat, settled full and final with welcome finance for £1200 (have it in writing) on a 3500 balance. PPI claim accepted in my favour for £2200 but they're keeping it saying the account was closed with a balance and they're well within their rights to keep the lot.

 

:(

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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You might want to take this to the Financial Ombudsman, analyst.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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the arrears notices sadly play no further part here

 

you f&F 'd before reclsiming ssilly mistake

 

what you need to do now is reconstruct your spreadsheet to show this

 

if it gives you a positive bal than that comes to yyou.

 

is this welcome themselves or the fscs?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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