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    • I was not aware of the non compensated list until after the event.   when you book it only shows the prohibited list which is about safety.   the non compensated list is right at the bottom of the page.   they took my additional payment for “insurance”  so cannot refuse to pay out unless its prohibited.   They should perhaps put a drop down box, to select an item type, and if its on the non compensated list then not allow the option to pay for additional “insurance” and warn the users it has no compensation for loss or damage.   They would loose a lot of business and the extra money they make if all goes to plan.   Will do, i might just have to accept the insurance value and put the rest down to experience. Thank you for the advice i will review threads and familiarise myself with what to do.
    • Thanks. As for their prohibited items list – in respect of items which are lost, it's completely irrelevant and unenforceable. However, the view we take is that if you declare a particular value and they undertake to carry your goods at that value then that is all you can recover. If you want to try and go for higher value then we are happy to help you but I don't fancy your chances but it would be interesting. Please spend the next few hours reading around the Hermes sub- forum and understanding the process about challenging Hermes, issuing a letter of claim and then issuing court papers. Understand also the process of bringing a small claim in the County Court. When you think that you know your way around then come back here and will help you on the next step. Once again, you're welcome to try and claim for the higher figure – but I think is most unlikely that you would succeed and in fact whereas most claims seem to go to mediation and get settled there, I suspect that if you claim for a higher amount that they would try their luck in court. However, you seem to be saying that so far in respect of your claim Hermes have been making positive noises and that they may pay you out on the basis of the insurance cover.  
    • the issuance of a Default notice was some +3yrs after the last acknowledgement through a deferral letter to the original creditor.   i thought a debt buyer could not issue a default notice? thus change the cause of action under the PRA DN ruling Win~ it was not retrospective appeal win?   i believe we've countered these late DN's before along the lines of:   alternative whereby claimant intimates SB date=defaulted date and that has been registered months/years after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.    2.The date last payment/acknowledgement made was the dd/mm/yyyy     3.The Default Notice was issued dd/mm/yyyy and served several months/years after the initial breach thus the cause of action delayed by X months + years and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.    4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.    5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   @andyorch your thoughts?
    • Formal claim has been made, I have been told it is covered, as its parts not a complete instrument. Its not prohibited, musical instruments are on their non compensated list.   my argument is i estimated the value of the drum shells as you would not normally know the value of them unless buying that part.   The replacement parts quote is £450. So yes i did under estimate the parts value.   I would hope they might consider that.   hope this make sense.  
    • So the debt is not statute barred as the claim was made even within the limitation of the Sept 2013 deferral regardless of the date of the default notice. There is no defence to the claim as far as I can see.
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Storecard PPI - Creation Finance


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Oh and with regards to the CPP - they have also sent me the memo notes from my accounts and on 10/05/03 there is a note which reads 'CPP policy cancelled as per report from CPP'?? There is also a note dated 11/10/01 which reads 'double cover cancellation*C did not request'

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  • 2 weeks later...

Hi claireb1983,

 

Have you had any luck, have just had my response from the questionaire i got from MSE site........They have shut me down straight away, sent me unreadable forms saying i agreed to ppi etc and that a refund is unwarranted.......

 

Any luck?

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well ofcourse they will if you dont dos the fos cq a spreadsheet and covering letter

 

just following a site template they've seen 1000's times before

its obv you've not researched it.

 

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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Well excuse me dx!!!!!!

 

Only did what any normal person would do, most people i know (real life) have only had to make a few phone calls and have had money refunded, i guess i hoped with my letters and quetionaire's i may of had even more of a chance!

 

But thanks for your informative and friendly comments!

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show them you mean business

 

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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Hi sianb1979,

 

No I havent had any joy yet in relation to PPI, I also did a SAR and have all my statements but cant make any sense out of them at all. Whilst they have rejected my claim for PPI, they did refund all my charges and sent me a cheque for this.

 

I havent yet taken my PPI claim further as I believe that they werent under FOS juristriction at the time so not quite sure of the best approach and whether it may be more hassle than its worth.

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  • 2 weeks later...

i am having same problem with creation,they have rejected ppi claim as box ticked on original agreement {form filled by shop assitant},incorrectly spelt name on original agreement and was not in employment when form filled out{thisis part of their eligibilty requirements for cover},this is their final response but have said i can go to the FOS.

 

According to my sar they closed my account in 2008 but since then they have carried on putting charges ,3d insurance and interest onto account.

 

has anyone got any good ideas how to take this further?

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well tell them that then

 

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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  • 3 weeks later...

I have just received my SAR from Creation. Now I have the evidence to make my claim for mis-sell.

 

On the application form (filled in by the shop assistant) I have declined an additional card for my partner but yet they have ticked 'Yes' for Creation 3D protection, not for me but for my partner? :-x

 

Also the CPP section has been crossed through, yet still added same time each year :mad2:

 

So here we go, let's see them wriggle out of this one.

Good luck everyone

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  • 4 weeks later...

good news i have won ppi claim with creation with interest after sending them evidence that was mis sold due to being disabled before account opened no claim would have been paid.

on another point can they now reopen the account and add charges going forward {interest etc}.i have notice from them account closed in 2008 then reopened in 2009 with over £3k of more charges and interest added since 2009,now looking at my credit file it says account open now they have taken ppi off.

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can anyone tell me if they have broken any rules by closing the account in 2008 then reopening in 2009 closing it again in 2010 and now reopening again after removing the ppi and interest from balance,surely when the account was first closed this terminated the original agreement so how can they does this to suit themselves?

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closed is not terminated me thinks.

 

you'ed hve a termination letter .

 

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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not had termination letter but one saying account closed in 2009,they never charged interest from 2008 to 2009 then started again late in 2009 until late 2010 then nothing again and passed to dca,now after removing ppi account now saying on credit file account open surely if they have closed account they have ended the agreement

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Creation refused to pay me back any ppi money what so ever so I sent my complaint to FOS and they told me they could not help either but reccomended i try trading standards to try to leaver them into paying me.................Creation are the scummiest dirty basts even their switchboard staff are the lowest of the low

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