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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Help with a UK hotel complaint

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We booked a stay with mercure 6 weeks in advance for a twin room and confirmed with the hotel on the day of booking.

 

When we arrived we were given a double room with a sofa bed but told it was an executive room.

 

The executive room was not as described on the website - no free internet/newspapers/fruit bowl/luxury toiletries etc

 

In my eyes they are in breach of contract as we booked a twin room and if they say we stayed in an exec room then their website is falsely advertising the rooms.

 

I have written an initial letter of complaint and am not happy with their response so want to get a little harder with them....can anyone help with legal jargon? Thanks x

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Did you stay in the double room? did you book a room with free newspapers etc etc or did you just accept that you had been changed to an exec room ande expected the exec extras?

What was the hotels response to your initial complaint and did you complain at the time?

What result are you looking for?


If I have been of any help, please click on my star and let me know, thank you.

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we complained the minute we saw the room as the sofa bed was so uncomfortable and it was not what we booked to which we were told we were given an upgrade from a classic to exec room. We were told the hotel was fully booked and there was no alternative.

Since returning we complained immediately and referred to the website description of the room we booked and of course noted what the description of an exec room was which we did not receive either.

The sleep in the sofa bed was so uncomfortable with about 2 hours sleep that we decided to leave for home the next day and cut short our stay as I was so very tired and with back pain.

The hotels response was that they had a group that had extended their stay by one night and had taken all of the twin rooms.

I am looking for compensation in the form of some form of refund due to ruining our weekend and my mums 60th birthday stay

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They are always, fully booked, are'nt they ....... lol

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If your original booking did not include the free newspapers etc just upgrading to an exec room would not automatically entitle you to these items often mini bars, free papers etc are removed when a booking other than for that specific room at full price is concerned.

Did you complain at the time of your stay?

Uncomfortable bed is a funny one as uncomfortable for one person is not for another.

I think that to get a full refund you would have had to complain at the time and not accept the alternative room, did you pay for more than 1 night?


If I have been of any help, please click on my star and let me know, thank you.

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Hiya,

 

Depending on which Mercure it is, gives you the top dog to complain to.

 

In the UK some are franchised, some managed, some owned outright by ACCOR.

 

I assume you have complained directly to the GM at the hotel ?

 

His / Her email is always in the format Hxxxx-GM@accor.com - where xxxx is the four digit number of the hotel - if you want this it can be found probably on your online conf....

 

Accor Head Office can deal with the complaint and pass onto the hotel - their 'order' will override any local decision BUT you will need to contact the person dealing with the particular type of Mercure Brand you stayed in to get a fast result.

 

Overall responsibility for UK Mercure is SVP - Johnathan.Sheard@accor.com - linked in provides these details also :-)

 

Good Luck and don't let them quote t and c's - we will endevor to make available your room type etc....

 

N

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