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    • Well if you have got crime reference number that's a good start. You should be recording your calls and you should not rely on calls which are apparently recorded by others – especially not the police who will always be very reluctant to disclose any information even under a statutory request. When you are on the phone to anybody you should make sure that if there is something you are not clear about you should ask them to repeat it so that you can make notes. Read our customer services guide. The police are correct – as I have already pointed out – the car belongs to you and so if it is sold to somebody else then it is stolen. If it is not given to you then it is stolen. You should always in all your dealings with anybody refer to the fact that your car has been stolen.
    • Incidentally, a brief word – for you, but also for anyone else who visits this thread. It's a word about insurance. By requiring you to take out insurance, they are effectively asking you to protect yourself against their own negligence, their own breach of contract or the criminality of their own employees if stuff get stolen. This is extraordinary and it is part of the culture of the removal business and I have no idea how this culture came about and it is now accepted so meekly as the natural way of things by people who use removal services. There is exactly the same culture in courier services so that companies such as DPD, DHL, UPS – and particularly Hermes require their customers to pay for additional protection in case the service that they have already contracted for and paid for is not carried out. Amazing! It doesn't stop there. Extended warranties. If you go into any Currys PC World, if you buy any computer or washing machine or fridge from them or anywhere else, some salesman will chase after you and ask you if you want to buy an extended warranty. So for extra money you can buy an insurance which will apparently cover you in case the item you have bought breaks down within a certain amount of time – normally three years or five years. Incredible! You already have perfectly good statutory rights which will cover you for most of those situations over the foreseeable reason the expected life of the item you buy. What they are all doing – whether they are removals, couriers, sellers of white goods and electronic goods, is effectively getting you to pay for rights which you already have under statute or under ordinary contract law.  
    • Thanks. How much did you pay for the insurance? AnyVan is declining responsibility because they say that the items did not go missing "in transit". They are wrong. Clearly the removal company took charge of the items and disassembled them. This must be the case because you have received part of the item and it is only part of the item which is missing and that means that they were already under the control of the removal company. In my view that puts the items squarely "in transit". I am quite certain that no judge would simply say that "in transit" refers only to the time that your items are in a removal van. This is far too limited. And in fact I notice that in the summary of terms which you have linked us to:     Clearly insurance cover applies from the moment that the collection begins right until the delivery is finished. However, even if they accepted this point, there are still other ways that they can say that the insurance does not apply to you Looking at the policy which you have linked us to, I see that first of all there is in excess of £50 and that means you have to pay the first £50 of any claim. According to you, you have only lost about £35. Are you saying that the entire book case is worth £20? It seems very little to me. The second thing is that they say that lost items are not insured unless they are listed with their value. Presumably that hasn't happened in your case. On that basis, it seems to me that the insurance doesn't cover you anyway. I do agree that I think you've been treated disgracefully and I don't think that the lack of insurance is any bar to making a claim. If you would like a bit of fun, then we can help you make a small claim in the County Court to recover all of your losses directly from them for their breach of contract/negligence. Of course they won't be used to that kind of treatment – but do you really care? The chances of succeeding if you are prepared to go to the Small Claims Court are better than 90%, in my view. You would have to play a claim fee that you would recover that when you won your case. Of course in the event that you lost, then you would lose that claim fee and also a hearing fee if it got that far. Frankly, for this kind of money I would imagine that they would put their hands up once you issue the papers and they realise that you are serious and it was going to cost them much more money to defend it then simply to pay you out. In addition to getting your money back and delivering a slap, you would acquire transferable skills so that you could confidently in the future sue anyone who got in your way. What's not to like?
    • You think I haven't emailed their CEO do you the first thing I did after putting my complaint in not for the first time either he totally ignorant he replied to my first email on the first case but had his assistant handle it not him   this company is the worst ever and they talked me into getting these very unsmart meters that are supposed to save me money yet because I m on PYG smart meters I pay more money than those who get monthly or quarterly bills yet I have already paid for my energy   yet there are hardly any other companies who will take on these meters and wont save me money at all for those who would give me an account but only online which is no good what so ever my problem with EON is their website they keep shutting down on weekends and their app only works when it wants to making it even harder to top up my meters   this has been going on since 2019 when I won my first case and still going on now and they wont help me with it yet they had the cheek to phone me yesterday but the idiot wouldn't listen to what I had to say so I hung up and wouldn't answer him calling back   besides he broke the law be phoning me as I have only allowed them to contact me through email and letter only and now they are saying I never replied to them with-in the 21 days which he is lying.  
    • I’ve been given a number that ends with a c..I didn’t get her name but she went and asked her Supervisor, the calls are recorded and she definitely said we had a case but to give him a last chance for today and see if is good to his word..then to call him and tell him that we can now report him to the police..   Because he has made so many promises to deliver and has not refunded on request then they will take action this time as he is out to deceive..   Funny today that our car has disappeared from his adverts so it’s gone somewhere..could he have sold it again?? but it wasn’t his to sell..and the police have stated that..   the plot thickens..a very expensive lesson we have learned from all this and how not to buy a car!   I will keep you all posted and so many thanks..    
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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jonni2bad v Halifax - Got the money but no default removal


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Jonni or anyone else for that matter!!

 

I am about to try and get my default notice removed aswell as the charges. I had already started to cliam the money when i found out that i had 12 months of defaults added to my CRF!!!!! The account was only in debit because of their charges!

 

Any advice would be gratefully appreciated.

 

Do i have to show them the defaults that are entered??? etc

Good luck all,

and Thanks

 

I take it you have submitted a claim?

 

If so have you used MCOl or the N1?

 

If you havent started a claim then you need to submit a claim on the form N1 and include a specific reference to the removal of the default.

 

If you have started a claim and have used MCOL then i am not sure how to deal with this, MCOL is for monetary claims only. i am not certain if you can change from mcol to N1 and suspect you might be too late.

 

If you are looking for a reference my particulars of claim for the removal of charges and a default are on my thread Glenn Vs Abbey

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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It's A&L.

 

It's strange because i applied on my girlfriend's behalve at the same time for £2087 of charges to be refunded from A&L aswell and she received a cheque this morning for FULL payment, only 10 days after i did the MOCL.

 

What does it actually mean 'contest jurisdiction'???

 

Are you or the defendant in Scotland by any chance?

 

Basically if you are, then you can file in the English courts but you need an English address for the service of your papers i believe.

 

More info required to be certain though

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency which was notified to the Claimant on or around [date], since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data.

c) Court costs;

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

……………………………………………………………………………………………….……………………………….……

NOTES ON ABOVE - Not to be included in the Particulars of claim

1. Enter account number

2. Enter date(s) of account opening and, if necessary, account closure.

3. Enter sum for charges total

Section 1 - “[has] [had] an account” - remove the unwanted option

Section 2 - “the Account [has been] [was] operating” - remove unwanted option

Section 5 - [date] Enter date that you were made aware of the default notice.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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... i found out that i had 12 months of defaults added to my CRF!!!!! The account was only in debit because of their charges!

 

Any advice would be gratefully appreciated.

 

Do i have to show them the defaults that are entered??? etc

Good luck all,

and Thanks

 

As per above posts, I think you may be referring to "late" markers on you file, but you can still request that these are removed if they were in relation to the level of charges. Same remit as default removal....

 

Amend letters and Particulars of Claim accordingly so that they just read "...the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account"

  • Haha 1

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 3 weeks later...

Hi,

 

just needed a it of advice here... have sent the LBA...twice now to give them a good chance!! The last one was sent recorded, so no excuse for not getting it. Still not received a reply, and the 7 days is up tomorrow. Do i phone somone to ask what's going on or just wait? And who do i phone..the person that signed the initial 'no you can't have your money back' letter??

 

Also is it a good idea to get professional help, as i really wouldn't know what to do if i have to actually go to court!! I have the small claims pack, but it's double dutch to me!! Would i get the solicitors cost's back if i won?

 

HELP!!!

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Hollyandjess, it would be surprising if they made any effort to pay up before you start legal action. The main point of going through the request/lba letters is so that, if it got to court, you could show you have been reasonable in trying to settle without using the legal system. There's no point in phoning.

 

 

You have already been too generous by sending two lbas. You must now issue a claim. If you look there are plenty of examples to tell you what you should do and how you word it. There are example particulars of claim in the templates library. Just vary them to match your particular situation.

 

It is not generally advised to use a third party because it's so simple to do yourself. Most claims will never reach the court stage. Issuing the summons is usually enough. They have to know you're serious. They only hang it out because they know a percentage of people will never go through with the threat.

 

There are plenty of people on here who will help you with every step, so don't worry.

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HollyandJess,

 

MartinPar is right, I didn't know what I was doing when I first started this but reading other threads and all the FAQ's etc will help you greatly. The court bit is dead easy.

 

I suggest you start you own thread and post queries there which relate to your particular claim - then you'll get the help and support you need.

 

Smel :)

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Hollyandjess, there's two pieces of good advice for starters, try and give as much info as possible when you start your own thread with respect to background, where your case is up to, and templates used. Bear in mind, this site is anonymous, so be sparse with the dates of any letters sent.

 

Then, try and attract some of the regular users of the site, read up on as much as possible when they point something out, and use as many 'tried and tested' templates as you can. There are lots of people on this site who have been in the same boat and come out the other side, who understand exactly how you feel.

 

Use the search feature as with any site, and look out for N1 (initial claim), Allocation Questionaire and Court Bundle.

 

These may help in the next stages.

 

You can do this!

 

Tide

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hollieandjess,

 

Have a look at this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

also this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

This is a useful thread to have a read:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Above all as tideturner says don't worry, the best advice is read, read then read some more. If your not sure ask questions in your thread. If your still not getting answers, try posting your link to your thread to someone you think could help on the site and ask them to take a look. If they still dont repond you could then try a PM (private message) this should help you to get the answers you need.

 

HTH

 

Tanz

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Thank you for all the replies.... I think i have a lot to read up on!! I will start a new thread, and let everyone know what's going on, but it def looks like i new to file the court claim now... scary!!

 

Its actually not that bad. The first one is worse as you always think, perhaps I'm the one that will end in court, but the more you read and learn the more confident you become.

 

Good luck not thta you'll need it.

 

Tanz

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Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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