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    • Sorry my misunderstanding  . . my IT proffesion overcasting my understanding . . .  "pdfs and back up" . . . . I am assuming you have added some notes to my bdfs and uploaded them back for me to see  . . . but clear to me now that you are just advising me on your progress in reviewing the case Thank you
    • Wheels and wheel bolts are clearly mechanical. You're dealing with an organisation here which is gearing up to deny liability. I disagree that the bank can't do anything – and you ought to contact them again and tell them that you are complaining. You are the customer and you are giving them a direct instruction. But in writing – but tell them that you are making a claim immediately and you want reference number for the ombudsman. If Turo are simply an agency which introduces you to someone who is renting out their car, on what basis have they taken the money? It's clear that their status is far more and some independent party not involved in the contract – and at the very least, by taking money I think they have implicated themselves into the contract. I suppose it's a bit like travel agents who when things go wrong, try to say that they are simply an agent and they are nothing to do with the airline or the with the hotel et cetera.
    • Hi sorry for the big paragraph. Will take note.    Thanks for all the advice. I had rented the car for 4 days and it had been fine. On the last day I pulled of and it was like the wheel was egg shaped (ride was really bouncy) I then began to pull over as this was not right and then I felt the whole wheel come off.   I don’t understand how they can say this isnt mechanical. It’s not like I was driving crazy and smashed into a parked car.    As for how how turo works. You can privately advertise your car on there for rental but get all the perks of insurance and guarantee etc. You don’t actually hire the car from turo it’s similar to how air bnb works.    I need to to look into their insurance policies regarding modified parts and whether they were actually notified as the car would have been voided for rental.    I spoke to my bank before I made the post and they said they can’t do anything as the amount is in pending transactions and sometimes rental companies take money if they’re not satisfied with the condition of the car. I am currently on hold to them to see if I can request a chargeback as I didn’t actually know what the correct term for what I needed was.    How do they have the power to do so as I cannot take my initial rental fee back for unsatisfactory service. I had just driven 100 miles with my 7 year old daughter in the car beside me. Luckily she wasn’t with me when the wheel had come off.    Again, thanks for your help guys
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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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Have you checked on royal mail website to see if the letter has been signed for ?

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Yes it has, but they don't seem to take any notice.... The phone calls are early morning, and dinnertime, when we get home from work. We have done everything right, yet they still harass us. We cannot get phone calls through that are urgent family matters.

LilythePink

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The letter probably hasn't got through their system yet, give it till after the weekend and see if you get any response.

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This morning again at 8.07 phone call from Santander, and I can say that they have phoned every morning last week and this week. We have told them clearly that we are not talking to them on the phone, but do they listen no. So I nice complaint to the OFT, might help, or maybe not.

LilythePink

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LtP, are you keeping a record of these calls ?

 

Just so you are aware, any calls that are made/received in respect of a Mortgage are to be recorded by the Lender. So if you are keeping a physical record, and then at a later require the Lender to provide an SAR, those calls should match up :)

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can I under FOI ask Santander for every recording, and what information they have on how many calls they make, as I have the days and times they are ringing us?

LilythePink

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Sorry citizenb crossed messages, yes I have records of all the calls, and times.

LilythePink

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I am not sure about FOI, but you would certainly be able to ask them for this information by way of SAR ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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And is it just the same way, with a charge of £10.00

 

Yes, there is a £10.00 statutory fee for the SAR - there is a draft letter in the CAG library, you can amend to suit. Include anything and everything that you think that you might want to have a peek at :)

 

They have 40 calendar days in which to respond.

 

They will almost certainly demand that you sign it so sign over a grid of light/mid grey xxs..

 

 

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

 

or your name/initials

 

LilythePinkLilythePinkLilythePink

LilythePinkLilythePinkLilythePink

LilythePinkLilythePinkLilythePink

LilythePinkLilythePinkLilythePink

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Make sure you write on the back of the £10 postal order " fee for Subject Access Request only" together with your mortgage account number. Take a photocopy of the front and back of the PO and save with your copy of the letter. As always, send by recorded delivery.

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Yes, from the post office

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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thanks again, I do not know what I would do without CAG......

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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LtP - when you get the postal order you will receive a receipt. Please make sure you keep that, if you need to check whether it has been cashed or put in a complaint there is an ID number on it which you will need.

 

If you can, also take a photocopy of the completed Postal order before you enclose it in your letter :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Haven't even got the letter sent yet, and they are on the phone again this morning at 8.07 am. Got a letter at lunch time, saying that according to them we have a surplus of £426 each month, if I had that I would be very lucky. And guess what they want us to phone them.

They say our mortgage does not fit the criteria for capitalisation, does any one know what the criteria is with Santander:

LilythePink

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How do they work out you have that surplus? have you sent them a budget sheet ?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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They won't let you send them one, they make you do it over the phone, and they are so rude, that you are so stressed out, that you would nearly do without food just to get rid of them. If we had that much money left over, I might have a holiday this year......They absolutely refuse to communicate on paper, and the phone calls are on our mobiles and landline.

LilythePink

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You most definitely should not do an income and expenditure over the phone ! You should complete the affixed budget sheet send to them with a covering letter telling them that you do not have the surplus they think you do as you were forced to estimate your income and expenditure under duress during a telephone call. If you need help with the letter please let me know.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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thank you, I know and so does everyone else, that emergencies do creep up, like the cooker, extra bills, etc etc, but they just don't seem to appreciate this, and neither does the government. Another phone call just there, I just lift it up and end the call, can't be bothered even listening to them.

LilythePink

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I have now sent two recorded letters to Santander, about phoning me three to four times a day. They are taking no notice, and I have logged all the calls. What can I do as this is driving me mad. Who or what can I do next?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 2 weeks later...

Right, Santander have finished the arrears payment deal, without replying to our letters.

 

They say they are going to start charging us unless we ring them to sort out a new deal.

 

We want to just pay the arrears month by month, by what we can afford, which might be quite a lump sum, if things brighten up a bit.

 

We used to have an automated number that you rang, and just paid over the phone.

 

Unfortunately we don't have that now.

 

Does anyone have the number, or know the banking details of Santander, so we could set up a standing order.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 4 weeks later...

Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013)

 

Recent case law about banks harassing people who don't wish to speak to them by phone.

 

Might be worth seeing if you can speak to someone senior at Santander rather than one of the phone monkeys and remind them about this case law.

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  • dx100uk changed the title to Santander Mortgage Arrears - New Deal
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