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    • "Under the rules of the Financial Ombudsman Service, I'm required to ask Mrs B to accept or reject my decision before 11 May 2021".   I'd have thought it's a no-brainer isn't it?  You need to inform the FOS you are rejecting the decision irrespective of whether you get a reply to any SAR.  I don't see that any SAR response could possibly lead you to accept their decision.   (Unless I'm missing something obvious, there is no downside in rejecting the FOS decision, is there?  I presume there are no costs involved?)    
    • Hi   You are more than welcome as we are here to help.   What you have here are 2 seperate issues.   1. Rent Arrears/Termanation of the Property/Warrant for Possession   With the Rent Arrears I would advise to enter a Payment Plan but you must be aware that they will ask for your income & expenditure to set this up and if you default on the Payment Plan even just one payment they will reserve the right to withdraw that Payment Plan and proceed with Court Action so you must be fully aware of that.   I would also advise writing to them that you wish to Terminate the Tenancy of your Property (insert address) from reciept of this letter as per the Tenancy Agreement.  (if you do it this way and they accept that rather than going to court for warrant of possession to end your tenancy of that property you will only have whatever the time limit is on ending tenancy in your original agreement rent added to the rent arrears rather than all those added court costs etc.)  If you do it this way I hope they accept this and fingers crossed.   2. The way they obtained your present address via facebook and then turning up at your address without notification.       In there letter they ask what outcome you are looking for now this is only my thoughts:   1. That they argee and accept a Payment Plan for those Rent Arrears.   2. That they agree to accept your letter to End the Tenancy of your Property as per the Tenancy Agreement Signed.   3. An apology for the way your staff pouported to be a buyer of an item I was selling on Facebook only to obtain my new address and then your staff appearing at my new address causing me distress and anxiety by the way the acted at my property.   These are only my thoughts on the matter but you can change or amend anything to suit yourself    
    • did you inform lowells of your current and correct address during your earlier exchange before they issued the claimform? do you have the particulars of claim and know what date this account was opened? if the date was after you moved out you have a good case this was identity theft.   there is no rush doing the N244 get your ducks in line 1st.   dx  
    • How long do I have to send the set aside form to  court? I am filling the form I will send it very soon  in question 10 which kind of evidence do I have to send?   Thank you    
  • Our picks

    • 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
      • 1 reply
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trying to set up payment plan with cash genie no luck, they said wanted my bank details to pay £20 a month to it sorted, dont think so, but on thcash genies website there is bank details for them can i set up a standing order using them is it safe.

 

thankyou

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A standing order puts you in control of what is paid and when, if you have the account details to pay to then thats what i would do.

 

Just make sure your reference number for cash genie is on the order so that it can be traced by both your bank and CG

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