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    • So they have had their five days plus their extra deadline and the only thing to come from Virgin is a deafening silence.  Next step I assume is to send the warrant letter- on MCOL I can just go ahead and issue the warrant there (which will be an extra £70) as they have neither paid the judgment nor provided a good explanation as to why it remains unpaid. Is it worth beginning another claim against them for noncompliance as they have still failed to fulfil their obligations by providing all the data?   Just to keep all bases covered I actually modified the last paragraph of the letter sent on 11/2  to include the second handset details so it stated 'Therefore if I do not receive full disclosure from you(including all notes and correspondence you have regarding telephone number [Second handset line]) by XXX date [original deadline +5 days] I will sue you in the County Court and without any further extensions and without any further notice.'  
    • Hey Bank Fodder - thanks for the response... The BVRLA are the governing body for vehicle rental and leasing. I do think you are right re: the lease company being responsible, but their argument - on the telephone only - they've never responded once in writing or replied to our emails - is that the vehicle is out of warranty. My response is that a modern car, that is only 5 years old, should not have a leaking window - especially when I can prove with photos that it wasn't bonded properly in the first place, and there is a ton of anecdotal evidence in Evoque forums of many owners having had the same faults - both with the leaking windscreen and the flywheel/clutch issue.   The fact that Lex have told the the BVRLA that the clutch failed due to driving style is infuriating - they cannot know that without having inspected the vehicle. But, when our repair centre did the clutch repair they found the flywheel had failed and shredded the clutch - clear parts failure, and at only 32k miles - not fit for purpose. Problem, is Lex are not listening or engaging with us. In total, for 3 months refund of payments, for when we had no use of the car, plus the clutch repair and leaking window repair, and the replacement car seat (plus any additional compensation we may be due) it comes to about £4850. In Scotland we would have to use something called a Simple Procedure - effectively the modern equivalent of the Small Claims Court. But I am not sure we will get anywhere with this either. So, I am looking for advice on how best to sort this out, and perhaps, the best way to word any correspondence/claim.  
    • That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute.    Will search just now cheers.
    • Letter done & sent, forgot I even had a cheque book!   In the meantime as I said I had 2 a/c's with BC, this one that owes £2600 and another that owes £2800. Both were subject to the same arrangement but only tis one has been transferred, called and asked them why and they do not know!   I'm thinking I am better off with Link as then, if they can prove the debts, I can look to negotiate a final settlement for both all in one or set up a payment plan for both all in one. Any thoughts please?   Also is there any relevance that one of them used to be with Egg?   Thanks again
    • If the car was due back to LEX at the beginning of October, and it had been at "a repair centre" since the end of September, why didn't LEX just collect it from the repair centre when it was due?  Then the clutch would have been their problem - as you say, a non-faulty clutch should not fail after 32K.   Or are you saying that you extended the lease after the clutch went?  (Surely not... ) Sorry but without a timeline and some clarity from you it's difficult to follow what has happened.   Why wait until mid-November to try to sort out?   Too late this time, but my understanding is that Range Rovers and Evoques have an appalling record for unreliability and are very expensive when they invariably go wrong.
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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
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Orange mobile default on credit report. What can be done?


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After recently obtaining a copy of my credit file from Equifax I was concerned to note that Orange had placed a "Default" against an account in my name.

The default seems to be with regards to a missed payment of £25.52 for the month of June 2010. I failed to make the payment. I assumed that this payment would be added to my direct debit for the following month. I therefore made no arrangements for the outstanding payment since I am a direct debit customer. At the time I was on the paper-less billing scheme, I relied on the fact that my direct debit payments were being taken to assure me that I paid my due. I was therefore not aware of the fact that the outstanding amount had not been added to my direct debit and therefore was still outstanding.

The situation remained in this fashion with me unaware of this outstanding payment. I was looked at my bank statements today and it appears that payments were taken for the following months but not for the outstanding payment. After 6 months in December my account was classified as defaulted and the credit reporting ends there. However it appears that the outstanding payment was taken from my account together with the payment for the month of January 2011. It seems to have been a policy change to take the total amount due by direct debit instead of the situation as it had been before. I therefore had been clueless of all this until today.

A consequence of this sequence of events has been the detrimental effects this has had on my credit score. From 2007 there was constant reporting on my account, ending with a report of the account being in default at the end of 2010 with me being to this day in default of £51. This is incorrect. The reports state that I missed continuous payments from June 2010 to December 2010. This is a misrepresentation as the money should have gone out by direct debit. There are no further reports about payments to my account after December 2010 despite the fact that I am still with Orange mobile and have not had a late payment since. This gives the impression that I defaulted on the account and walked away in a very irresponsible fashion. This is not a fair portrayal of my account behaviour.

 

Is there a way of getting this sorted out so that my credit score can be restored? any help is appreciated

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Hi welcome to CAG,

 

You will need to write to the data controller

at Orange and make a formal complaint regarding

the default entry stating why you believe the default

is wrong/unfair.

 

You can place a notice of dispute on the CRA files,

you will need to check all 3 main CRAs Equifax, Experian,

and Noddle as the entry may be on all of them.

 

The CRAs cannot amend or remove the entry without

authorisation from Orange.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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