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    • It's a shame that you don't have pictures of the damage packaging. Not very clever of the recipient not to have taken these photos. Find out all the information you can. Careful preparation and lots of evidence is important. Whether I think you have a good case will not especially relevant. At the end of the day it is you who will have to decide whether you want to fork out the court fee and have a go at getting your money back. Your's to win and your's to lose
    • @BankFodderthank you again for your reply, I really appreciate it.   I will go through the machine procedure again today. I'm so relieved to hear you think I've got a good case against them.    I have been sent my guitar back from the buyer and he has been refunded in full.    I have photographs of the guitar dated day of listing on eBay and then the photos the buyer sent me of it damaged.    Oh yes, huge lessons and I won't be putting anything of such value in the post again! 
    • Seeing as most here  hate Johnson and the Tories who do you suggest we have running the country?   I am not a fan of Johnson but nor do I like the Labour party lol,    just a general question   Sandy xx
    • Well now you know a bit better – you sell things on eBay then make it clear to your recipient that if the parcel arrives damage they should take lots of photographs before they open it and while they are opening it. Where's the guitar now? Do you have photographs of it now? Does the machine give you an opportunity to view their prohibited items list? Maybe you should go back and doublecheck. Maybe you should also go back to the machine and go through the process and see at what point it invites you to say what the item is. Either way, it could be helpful. If the machine doesn't invite you to describe the item then obviously you had no opportunity to do so. If the machine does invite you to describe the item – then clearly they knew about it and they took it anyway. As you are finding out, most of the cases on this forum – and elsewhere are to do with lost items. Hermes seems to have a particular knack of losing items – but if you have sent an item which has been properly described and properly valued and you even bought their so-called "insurance" which is designed to get you to protect them against their own negligence, then I see you have a very good basis for a claim. Keep on reading around the forum. Start reading up also on how to bring a small claim in the County Court. I'm afraid that you will almost certainly have to issue the papers.
    • Hi slick132   Thanks for the reply   I appreciate your help with the wording.  My only concern is that I really really like the spa, I wouldn't want them to agree to my gym cancelation.   I suppose that's all that I can do..    Thanks 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Overdraft on a mortgage - help needed urgently!!!!!!!!


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Hi, to be honest the judge's hands will be tied somewhat as the hearing will be to determine how the current arrears are to be paid. If you are unable to maintain the normal monthly payment then it is obvious that the arrears will increase rather than decrease. There is always the option of putting the property up for sale and asking for time to sell while making reduced payments, but you would have to show proof (estate agents contract) that it is indeed for sale.

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I think that's good advice from Ell-enn. If it seems inevitable that you can't stay in your home it is much better to try and sell it yourself, on your terms, and ensuring you get the best possible price. At the very least it buys you some time.

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

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Advice & opinions given by Caro 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.

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Sounds like you have what is known as an all monies charge in your mortgage - which means any other lending the mortgagee (Woolich/Barclays) have given you is automatically secured against your house. Since overdrafts are usually payable on demand, if you fail to pay them when they ask for it, they will do exactly what they have done, go for possession.

 

The complexities surrounding an all monies charge aren't readily understood by many people - if it relates to an unsecured loan, a credit card or similar, then the court retains the power to suspend any possession order under s36 of the AJA1970 and s8 AJA1970 (there is more to this, but I am sticking to layman's terms). But where the money lent relates to an on demand overdraft secured by an all monies charge, then s36 and s8 do NOT apply. But, that said, the court retains the discretion to adjourn or suspend a possession claim if there is a likelihood of the overdraft being paid off in a reasonable period.

 

s8 AJA1973 specifically does not generally apply to an on demand overdraft, but the court can still exercise its discretion under s36 AJA1970. You need to check your agreement for the overdraft to see if there is reference to deferment of principal.

 

Your defence is going to be complicated in the sense that you will have to raise the above information to the judge, otherwise the otherside are going to push on the all monies charge issue.

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Thanks Lea...unfortunately, I am confused by this twist. They haven't provided the agreement despite many requests so it will be difficult to get anything done on that angle b4 tuesday. So I have pointed this out in my statement and will keep the ss.8 & 36 in my war chest.

 

I thought because the other lending was on a OD, the Coutts v. Seb case might come in useful? Do you have any thoughts on this?

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Thanks Lea...unfortunately, I am confused by this twist. They haven't provided the agreement despite many requests so it will be difficult to get anything done on that angle b4 tuesday. So I have pointed this out in my statement and will keep the ss.8 & 36 in my war chest.

 

If you use these sections you MUST understand what it is you are asking the judge to consider - it is for him to use his discretion to allow you time to repay the OD, even though it is an on demand repayment facility. You can gain an adjournment by informing the judge that you have requested sight of the agreement and have not yet received it yet. The judge will direct the other side to provide you with a copy.

 

I thought because the other lending was on a OD, the Coutts v. Seb case might come in useful? Do you have any thoughts on this?

 

It is impossible, without the full facts of your case, and sight of all the relevant paperwork (most notably whether this is in fact an all monies charge or not) to ascertain which case law may or may not be pertinent to your case.

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I have a book containing terms and conditions (far too big to copy & post on here) - any idea where I should be looking? Is there likely to be something stating 'all monies charge'?

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I have a book containing terms and conditions (far too big to copy & post on here) - any idea where I should be looking? Is there likely to be something stating 'all monies charge'?

 

Your mortgagee is OBLIGED to tell you, if you ask, whether there is an all monies charge clause in your mortgage agreement. Ask them. It would be difficult for me to tell you where in your booklet to look, or what wording to look out for, as it won't necessarily be the same for all mortgages. But, they do have to tell you, and they can tell you the exact paragraph it is contained in. If the wording is ambiguous, then you will obviously be able to claim that it is not readily understood and is therefore an unfair term - though this of course won't work if the wording makes it clear what it means (they usually do).

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