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    • In their draft application to the court they state that their Letter of Claim listed the proper three invoices.  Is this true, or are they lying?   As for replying to them, hang fire for the moment, see what people who have dealt with this sort of thing before have to say, there may be a way to oppose their application or at least make them pay a hefty sum to the court for granting it.
    • but the other debts are part of this big picture and its eventual solution a rough idea will help.   if if if they ever get another powerless repo/dca involved, they will tell you well in advance.   help us please
    • to do what they are powerless...   you like 10'00'000 of other s jump because a dca says this or that a DCA is not a bailiff and has zero legal powers on any debt no matter what its type.   another one of your issues is following stupid freeman of the land twaddle. very dangerous.don't   moorcroft dont by debts they only act for clients.   as long as you don't run from debt and insure the debt owners or 'the client' has from you a letter which states your correct and current address or you did so to the Original creditor before any sale or your haven't moved since taking 'the credit' out you are safe from backdoor CCJ's to an old address.   sit on your hands and see if the owner of the debt want to issue a letter of claim. if they do  you return here   A CCJ - which is the only tool they have - because just like us joe public, its the only thing we can legally do if we claim someone owes us money - they have no more powers that you or me
    • That is why I (specifically) said "the lender".
    • eeeh i see ... I just really need a little help, that's why I am here. Being funny does not mean that I am a troll or something and English is not my native language. I just don`t know what to do next, that`s all
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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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If any1 could give me some pointers on what they think of this letter and any suggested improvements / laws and legislation i can quote or things to add / remove to give it weight I would be hugely grateful!

 

I am looking to dispute a mobile agreement which was mis-sold and get some money back / hopefully get my credit file ammended

 

Thankyou :)

 

__________________________________________________________________

 

 

Account No: ******

 

Re: Mis-Selling Complaint & Notification Of Intended Legal Action

 

__________________________________________________________________

 

Summary

 

Dear Sir / Madam,

 

 

I am writing to you with relation to a complaint with regards to a FEAST mobile phone staff account, taken out with you, whilst in the employment of Vodafone Retail in 2009.

 

The complaint detailed below specifically revolves around the mis-selling of this contract, the recording of data of my credit file, and the associated monies incurred to settle this account - the validity of which is fully disputed and has now been paid under duress.

 

I intend in this letter to detail the points of my complaint specifically and the circumstances around the creation of this account, how it was sold and the illegitimate monies I have paid to bring this matter to an end.

 

This is not the first time I have discussed this account with you and did so nearly 2 years prior, denouncing my liability to accept the contract you allege I entered into and the acceptance of any terms and conditions. Since then the account was passed to a DCA (Fredrickson International) and the alleged debt has been paid in full - including a referral charge of £100.

 

Now they have been paid (once again, I stress Under Duress) my full intention is to challenge the validity of the debt, the agreement and the terms and conditions implied to be agreed to. My intent is to re-claim the disputed costs paid on this account plus associated costs for damage to reputation and feelings, if necessary through the courts, from the damaged entries placed upon my credit file.

 

Please Accept This As A Letter Before Action.

 

 

__________________________________________________________________

 

Facts Of Account

 

The account was opened over the phone with the Employee Accounts Team, shortly after joining Vodafone Retail as an employee.

The account was described as being a benefit to me, as an employee, by the employee accounts team, with no credit check.

There was no mention of any minimum term, or condition of return of the handset chosen to accompany the feast account.

The employee account team member explained nothing more than the inclusive minutes, texts, etc and a monthly charge.

No agreement or terms and conditions were supplied either by email, post, fax or verbally explained at any stage, either immediately after entering into the agreement or at any point thereafter.

The handset was delivered to my work address by courier, with no documents in the box to highlight the points of the agreement that accompanied the FEAST account that had been opened - again with no mention of its conditional return should I wish to leave the employment of the company.

To my knowledge and with no information to the contrary (as the was described as an employee benefit) the handset and tariff supplied to me was without commitment and without condition, to me the employee, from Vodafone, my employer. I did however understand I would be required to make a small payment towards the monthly running of the account, whilst with the company in their employment and this would be taken by direct debit.

I used and continued to use the handset whilst in the employment of the company and left a short time after joining, paying my contribution towards this “benefit” whilst there.

After leaving the business, some short few months after joining and accepting the FEAST “benefit“, I had no reason to believe I would be charged anything further or had a liability to pay any further changes or costs. My full understanding was the handset would be mine to keep and the account disconnected as no longer in the employ of the business.

I had no reason to believe; any further invoices would be sent, I had to cancel anything (as no one ever told me or wrote to me, or supplied a copy of a contract, or terms and conditions to state otherwise at ANY STAGE - including bills) or return the FEAST handset.

Actually, I had no idea you were even writing to me to tell me you were continuing to bill me as I moved address shortly after leaving, and as there was no agreement to continually supply service past my leaving the company’s employment - why would I have written to you to tell you of this move in any case?

After checking my credit file sometime later and noting you had defaulted me for the sum of £124.84 on 27/05/2009, I made contact to understand what had gone wrong. After speaking to a Team Manager who investigated the matter over a number of weeks, I was informed the debt would stand and it was being passed to a DCA, despite disputing I had entered into a contract or accepting any terms and conditions.

I then began receiving letters and calls from Fredrickson International / Bryan Carter Solicitors LLP, acting on your behalf to recover the alleged sum of £434.84 plus an admin cost of £100, taking the total sum to £534.84

I challenged Vodafone when I disputed this 2 years ago to supply a copy the recording of the call I placed when creating this account with the Employee Accounts Team which you admitted could not be supplied.

I further challenged Vodafone to supply a copy of the agreement I entered into and the associated terms and conditions I had agreed to, which I still challenge you to prove, beyond reasonable doubt.

After attempting to resolve this with you directly, I was offered a reduced settlement on the account, as the original debt of £124.84 had spiralled to £434.84 with an additional fee of £310 being added to the account, since defaulting of the original balance. This was explained to me as a charge for non return of feast handset / services planned to be provided over the apparent term of the contract I had allegedly agreed to.

The company’s standing at this time was the debt would be fully pursued until paid which it was and the company would not accept that I had been mis-sold to. Threatening letters of legal action etc and hounding to pay this debt eventually made me cave in and broke my resolve.

Under Duress I began to pay the full amount of £534.84 to your agents Fredrickson International / Bryan Carter Solicitors LLP by way of instalments on the 2nd October 2010, and completed the agreed payment plan with them on the 13th June 2011, paying the balance off in its entirety.

Vodafone updated my credit file, acknowledging I had paid this disputed balance and associated default (marked as satisfied) on the 6th July 2011.

 

__________________________________________________________________

 

Nature Of Complaint

 

 

I have paid a debt back under duress of £534.84, with at the least the disputed sums of;

-£310 applied as a charge to the account

-£100 referral fee to DCA

No agreement was entered into, supplied, informed or documented between both parties.

No terms and conditions were agreed to at any point nor supplied or agreed to.

Despite no agreement being in place, or terms and conditions accepted (which have not yet been proven beyond reasonable doubt) you have proceeded to allege and enforce this debt through your collection procedures.

The member of staff over the phone at Employee Accounts mis-sold this agreement by not highlighting any main agreement points, such as term of agreement, or return of FEAST handset. - Again I state, you have been challenged to produce a copy of this call to prove they did, which cannot be produced, as you previously admitted.

Despite asking for undeniable proof I knowingly entered into this agreement, with all the facts you explained the terms of the agreement I entered into, the only information I have not been supplied with a true and certified copy of the agreement, any proof I agreed to the terms and conditions or proof of supplying them.

The only information EVER provided to me, was when first complaining, an email with some of my personal details typed into the body of that email (deemed by you as an agreement) and a copy of your general terms and conditions for the FEAST account. At the time I denounced these as non credible proof of an agreement or proof and still do. I never received or was sent a copy of the agreement you allege to be binding and hold, nor a copy of the terms and conditions, nor was made ware of them or had the chance to study.

You deemed the terms and conditions had been read and accepted as a tick was marked on the account to show this was the case - As the agreement was taken out over the phone, this was never the case and is fully disputed.

I did not specifically agree to the sharing of my data with any 3rd party organisations, including credit reference agencies, which you have done so, in both reporting data to my credit file and unlawfully passed my account to a DCA, with no agreement in place to pay you any charges.

You have damaged my reputation by placing a default marker and negative payment history on my credit file, making it harder for me to obtain credit and as a direct result of this action has cost me unnecessary monies, which would not of otherwise been paid to creditors in interest, from my credit purchases, since the time of recording the negative information to my credit file. A prime example of the results of your action has been a car purchase of 4 years at an APR of 28.9% - accumulating in some £14,000+ in interest payments alone over the life of the loan.

Not only this, as a result of your actions, I have recently been declined for a mortgage application and furthermore a job offer, which was subject to satisfactory credit check.

 

__________________________________________________________________

 

Action Needed To Resolve This Issue

 

Return the sum of at least £410 from the original alleged debt and monies now paid to you, comprising of £100 referral fee to your DCA and £310 disconnection fee.

Pay the reasonable damages towards the increased costs of all credit obtained since the date of your default notice appearing on my credit file

Remove the entry to my credit file in its entirety as an unlawful entry, in violation of the unauthorised sharing of data with 3rd parties, under the DPA 1998.

You have 28 days to comply with points 1 & 2 or return your final position on this matter, pending the commencement of legal action.

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I dont want to pee on your parade, but you'll get little change out of BC, IMHO you should have challenged the claim, then let them take you to court, because theyve added all sorts of charges etc. it would then be up to them to prove their case, as theyd have no way of providing any contract,

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I must concur with Baz a case of after the horse has bolted.

 

Andy

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i'm really sorry to sound thick and stupid but i dont understand what either of you are saying here...

 

can you please let me know if you think i have a case here as they can neither provide a contract or terms and conditions that i have clearly agreed to.

 

the main point to this if im honest isn't with a view to getting any money back, more to remove the entry from my credit file.

 

please reply

 

thanks

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Hi Zeus, I dont think youd get anywhere with this, if youve paid up AND they have acknowledged payment in FULL, then the entry on your credit file should be shown as SATISFIED. If it hasnt, then you have a complaint against them.

BUT, if youve paid an amount that is below what they were claiming, it is quite possible that Bryan Carter will chase you for the rest, Now this is where you have to wait and see if he wants to push his luck. When or if he does, you then defend any action in court, you also make a counterclaim against his as laid out in your letter.

I really honestly think you should let this one slide and chalk it up to experience, keep all your paperwork in case this comes up again

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