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    • I hope what I have written makes sense? I cannot believe they (p2g) or is it Hermes have just gone bang here's £5.   Yes I didnt take out insurance but I shouldnt have to, I have paid for delivery of a parcel and it appears it hasnt been.   Well apparently it has TWICE. Crazy eh.   The thing thats more annoying is my guy from ebay can click tracking from his end and see it says " enquiry closed "   When it isnt, they have just decided to close it.   Looking through some threads it seems a relatively easy process.   I know its going to cost me money but its the principle here and they deserve it   I presume I can just search for this claim letter and amend to suit? Anyone have any tips due to this off situation of it saying delievered (TWICE) then having a postage refund, which I dont want.   Thank you
    • letter of claim time and then on to launching a court claim.   Programmable Search Engine CSE.GOOGLE.COM     click above 100's of threads here you can read.
    • I've made changes to your suggested email. I don't agree entirely with your approach. I feel like this is too weak. Bold are my changes. I'm going to send this tomorrow unless there are some serious issues/concerns around it. Contractually and legally I feel I'm on 100% solid ground. They have breached the CRA and their own contract and I don't feel I have any obligation to allow them to come back to try again. I'm quite sick of this whole situation and want it sorted asap.     Dear XXX   Contract number XXX   Thank you for your letter.   For the avoidance of doubt:   ·         The work was delayed multiple times by yourselves from the outset with poor communication and threats that I could not pull out of the contract (despite yourselves breaching your own contract start date)   ·         Some of your work crew attended my property on the 5th June. They did not address all the issues.   ·         You carried out an attempted repair 11th June. This attempt also did not address all the issues.   ·         On 28th June Matthew Moore attended my property and agreed that the standard of the work was unacceptable.   ·         On the 15th and 16th July some of your employees attended to rectify issues and actually made front drive worse by making unacceptable paving cuts.  This was notice and remarked upon in the inspection report which I have supplied to you.   ·         Some of the rear patio issues were addressed but several remained outstanding and indeed the most serious issues have still not been dealt with.     Communication wise, there has been communication and I have tried to engage. In fact my son has had an amicable discussion with the workers and director when they attended my property. I did eventually refuse to communicate with you via telephone as it was clear that our relationship was deteriorating to a point where things needed to be done in writing. I explained at the time that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of. I see from your letter that you feel that you want a further opportunity to address the outstanding issues. I am not prepared to allow you to have further opportunities to rectify the work. My reasons are the following   1.       You have not undertaken the work with what could be described in a timely manner. In breach of the contract we both signed   2.       You have not undertaken the work with reasonable care and skill, as evidenced by the multiple failed attempts and subsequent engineer’s report which highlighted serious defects   3.       You commenced debt collection proceedings against me, in an attempt to bypass due process and the County Court.   4.       As per the signed contract, there is an obligation to enter mediation, which you have ignored and refused to engage with   5.       You have been provided multiple opportunities to make good on your contractual obligations and you have failed to do so. Therefore I no longer have faith in your company or your tradespeople.       All of the above leads me to the point where I no longer have faith in your ability to fulfil your contractual obligations. Therefore I have no choice but to request payment from you to make good your defective workmanship   If you are not able to provide me with payment of the amount detailed in my previous email, then the letter of claim is still in force and I shall be issuing proceedings on 9 October. Yours sincerely,    
    • Evening    So i'm absolutely fuming and am a man of principles.   I sent an item via parcel2go through Hermes (Yeah I know) last week.  £5 odd delivery next day blah blah   Now the ebay tracking is slightly different to the hermes tracking, and the ebay tracking has changed today.   As you can see it was due to be delivered 16/9 but there was a delay Then it was 17/09 and it came up due for delivery then the tracking said nothing , then the tracking said the courier was picking up the item 16/9 but I had posted it into a secure locker and it was collected on the 14/9, then the friday 17/9 it said due for delivery, then we heard nothing.    Suddenly on monday 20/09 at 12 noon it said delivered.  Anyway he said no I havent got it.  So I tried to contact hermes ( impossible) and eventually started claim through parcel2go.     This was 20/09   Today 22/09 they have refunded me the £5.44 postage.  I didnt ask for this,  So i got home and messsaged the buyer as we had been chatting via ebay all weekend and he was asking whats happening with the parcel as the tracking made zero sense, then yesterday it updated and said secure delivery 17/09 delivered to household 1159PM!!  Then delivered (again) 20/09 at 12 noon.   So I have a parcel that was delayed twice Then magically delivered twice And now I've been refunded? Despite saying delivered, for a £47 where they are basically saying tough luck heres £5 ps sorry we dont really know what the hell has happened go away     This is the parcel2go claim bit   I havent received any photo/gps stuff from hermes, not sure if I should when I dispute delivery, but surely by them refunding me and closing the case they are saying yeah we messed up   I know its not much but its a pair of headphones that I was paid £47 for via ebay, which now I dont have and it appears I will have to refund the buyer, I dont want a mark on my ebay, and he seems to have been understanding so far.   Anyone have any thoughts   The P2G claim below Unfortunately your enquiry has been rejected. Reason We’re very sorry to let you know that we were unable to approve your claim in this particular instance. Our records show that during the booking process, you opted against taking out parcel protection. Because of this, we unfortunately cannot compensate you for the value of the parcel's contents. We've agreed to refund you the cost of delivery for this order in the hope that it will be of some consolation in this unfortunate circumstance.   Hermes Tracking BELOW FROM EBAY PS enquiry isnt resolved!!!!   22 Sep 2021 6:31pm Enquiry resolved   22 Sep 2021 4:39pm Enquiry resolved   22 Sep 2021 2:52pm Claims code issued   20 Sep 2021 12:00pm Delivered   17 Sep 2021 11:59pm Secure delivery - To household   17 Sep 2021 2:14pm Due to be delivered today   17 Sep 2021 7:59am On its way to the courier   16 Sep 2021 6:38pm Delay - please allow 24 hours   16 Sep 2021 9:56am Due to be delivered today   16 Sep 2021 8:42am On its way to the courier   15 Sep 2021 4:18pm At the customers local depot   15 Sep 2021 3:00pm Delay due to major event   15 Sep 2021 8:06am At the national sorting hub   15 Sep 2021 8:05am At the national sorting hub   14 Sep 2021 7:05pm Entered the Hermes network   14 Sep 2021 2:45pm Collected from the ParcelShop   14 Sep 2021 6:15am Dropped @ Parcel Locker   13 Sep 2021 3:12pm Order placed   13 Sep 2021 3:05pm Tracking number provided      
    • Just a few edits made above...check it over now.
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jonni2bad v Halifax - Got the money but no default removal


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Welcome aboard.

 

My letter to the District Judge, along with my response to their defence and the AQ ar all being submitted on Monday.

 

I will post them here afterwards.......

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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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Fingers crossed for you Jonni m8

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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That wasn't part of my claim, although we are seeking standard disclosure - not only to speed up the likely retreat of the Halifax in this case, but also, should they have the bottle to defend in court, that Judges up and down the country might be tempted to do the same in other cases.

 

You never know, we might just be lucky...

..

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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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I have included it in mine though I am uncertain how a Judge will deal with it if the financial claim has been settled. However, it would need to be answered if there is a claim as in your and my case that we want to make sure that there are no defaults about. My point is that if there were no default leg to the action then I think the Court may refuse to rule - could be wrong about that though.

 

I actually used my own wording to include internal Halifax records as well as external Agencies.

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Going back a little, I issued a letter to their legal team, but held back form posting here at the time. Now that all the paperwork has been entered into court, I'm happy to post away.....

 

AQ submitted today, by the way.

 

*****************************************

 

XXX

XXXXX

XXX

 

15th June 2006

 

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Ref: County Court Claim No. XXXXXXX

 

Dear Sirs

 

Following my recent claim in the County Court, I would like to offer further explanation of my Particulars of Claim, part 5(d) - removal of prejudicial information passed to third parties and in particular, the removal of a default notice posted on my credit report.

 

Under section 14 of the Data Protection Act 1998, a Court has the authority to order the removal of inaccurate data. It is my belief that HBOS PLC entered details of this default solely due to the level of unlawful charges imposed on my bank account prior to November 2003, specifically that the default amount was the sum of £742.00 and the level of charges was £2,024.00

 

Further, under section 13 of the Data Protection Act, it is possible to claim for compensation for failure to comply with the requirements of section 14. Whilst not part of my existing claim, I shall retain the right of further action under this clause in the future, should I see fit.

 

I will elucidate these points, where necessary, via the Allocation Questionnaire should you wish to proceed with a defence.

 

If you wish to settle this matter without further involvement by the Court, then please respond in writing to the above address stating your acceptance of my claim in full and without additional conditions. If the full amount is paid, by way of personal cheque, and the default notice is removed from my credit files, then I will write to the court and bring my action to an end.

 

 

Yours faithfully

jonni2bad

 

***************************************

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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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After that letter I cant understand why they dont just comply with your request

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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After that letter I cant understand why they dont just comply with your request

 

 

Well he makes clear that the compensation issue will be/could be raised at a later stage so they know theres possibly more to come.

 

Looks like its going to be an 11th hour settlement.

 

If it is settled out of court then they do of course have the option of asking Jonnie what figure he is looking for to solve the compensation issue now.By removal of the default of course it then opens the door for further action Jonnie knows this and so do they.

 

Clearly they havent got much else to do,and as he points out he has got the laws behind him.

 

Everyone is watching

 

:cool:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...
This has to be the most exciting thread yet!!

 

So ... is there a latest installment or do I have to be kept here in suspenders:D ???

Don't say that to Jonni or he will be over excited. We are all still waiting.

 

Hey Jonni - what's going on?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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We have a court date!!!!

 

19th September at 2pm - Mansfield County Court

 

THE GLOVES ARE OFF

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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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Woohoo at last. Even longer to wait though. grrr;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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We have a court date!!!!

 

19th September at 2pm - Mansfield County Court

 

THE GLOVES ARE OFF

 

 

September ?:eek:

 

Talk about waiting.............

BTW Jonnie...any feelings about the letter ?

The one which refers to default

 

 

:confused:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Go Jonni Go!!!!!!!!!!!!!!

 

Good luck mate although your not really gonna need it......

 

this is like a long running serial cant wait for the next episode!!!:smile:

Marilyn:p

 

--------------------------

HALIFAX A/C - SETTLED 4 AUG

HALIFAX CC - Data Protection Act SENT 2 AUG

15/09/06 - rec'd all statements - Eventually!! -521.81GBP

21/09/06 - Prelim sent

08/10/06 - LBA sent

11/10/06 - Offer £278.10, no thanks

01/11/06 - MCOL £862.56

03/11/06 - offer £521.81 - not sure yet

03/11/06 - MCOL letter

 

 

 

 

_____________________________________-

 

 

 

 

 

 

 

 

 

:lol: don't be like the banks - give a little back:lol:

 

 

 

 

 

 

DONATE SO THEY CAN CARRY ON HELPING PEOPLE LIKE US!

 

There was a time before CAG but now CAG is here we are the empowered!

 

Advice & opinions given by marilyn are personal. If in any doubt, you are advised to seek the opinion of a qualified professional

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...

BTW Jonnie...any feelings about the letter ?

The one which refers to default

 

 

:confused:

 

You'll have to remind me... my brain is in holiday mode ;)

..

.

 

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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You'll have to remind me... my brain is in holiday mode ;)

 

 

Post 81........

 

Its a talking point on quite a few other threads across the site.

I think people are wondering if it will effectively do the job ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ahh - all is clear again! :-)

 

I sent that letter only because it was considered that my Particulars of Claim had not been expansive enough in relation to the issue of the default removal. If the particulars go into enough detail, then such a letter would not be required.

 

In short, I didn't include enough information to start with, so had to make up for it with a letter which could then be referred to in court if necessary.

..

.

 

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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So I take it one could not have the default issues dealt with by an online claim ?

To do so would need separate action at a county court ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin, I submitted my Claim through the local Court and included a paragraph specifically on removal of any default as well as any other deleterous information held internally or with outside agencies.

 

They have paid the value of my Claim into an account they have denied me access to and Halifax have said that they will inform the Court that the Case is settled. I have written to all parties to say that it is not settled in any respect. My thread is under "Garry Refer Drawer Kettle"

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Ah thanks very interesting........I will have a read on your thread

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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So I take it one could not have the default issues dealt with by an online claim ?

To do so would need separate action at a county court ?

 

If a claim involves anything other than JUST money, then it cannot be made online. The default issue can be addressed in the same claim as the refund of charges, but must be issued at your local county court. The fee would be £150 if the charges total was less than £5k.

 

The important thing is the wording - I am currently working on the particulars to (hopefully) have something 'templated' that could be easily adapted.

 

Henrysdad - they did exactly the same to me! Then they lied to the court and told them I had given permission for an extension of time to defend. Nice people, don't you think?

 

Don't get into any conversation with them - let the court steer you from here on in, and double check what they might have told the court too!

..

.

 

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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Thaks for the explanation Jonni

 

Just one more question regarding this.

The entries on the credit file have been (and usually are done by Dca after they have bought the debt from the bank.)

 

Therefore is the action to have it removed directed at the bank ?

Since they defaulted but did not have the entries made.

 

Is it the case that the court can order the bank to withdraw the default and so make the adverse credit entries invalid ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I'm not sure if the DCA have the 'power' to instigate a default without going through a court - I would be interested to know if they can - but would have thought it more likely that the bank would be the only one who would have defaulted the customer. Typically, even when a DCA handles the debt, the bank is stil in control of events.

 

This would be different if the debt was actually sold of course.

 

If the DCA have actually defaulted anyone, then separate actions would be required.

..

.

 

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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Thanks

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