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    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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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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We sent a PPI claim form to Tesco for a loan that had been paid off several years ago.

 

They took longer than the 8 weeks to give a final response, sending a couple of letters inbetween.

 

On 23rd feb we received an offer from them as they agreed they couldnt confirm accurate information had been supplied when it was taken out, the amount was £3016.

 

We sent the acceptance form back which said payment would be made within 7 days,

 

its been longer, so my husband called today and was told there had been a 'mix up' and the payment team would call him back.

 

They have called back and said they made an arror with the first offer

and the amount they want to offer is now £2600!

 

Where do we stand with this?

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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You should write to them and find out why the difference in the offer.

 

Tesco are being a bit naughty with PPI refunds, unless you can provide statements/other proof that PPI was applied to the account further back than 6 years, they wont refund it.

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

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

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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.

 

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Maybe that was the reason, because it was from 2003 and the interest was £975 in the first offer

They said they have sent out the new offer but havent received it yet

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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Surely they have to honour the first offer though?

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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have you no sar'd them to get all the paperwork so YOU can workout what you should get?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No,

it was a bit confusing,

because the credit was provided by RBS

but the loan was actually taken out with Tesco,

 

when we fell into arrears tesco and RBS passed the book back and forth

and it was a nightmare to get anywhere with them.

 

They eventually put a charging order on our house which was paid back when we sold the house.

 

The court paperwork said RBS,

so we initially sent a SAR to RBS with a £10 postal order

as we had no other information other than the court ref numbers,

 

after several letters they told us we needed to write to Tesco,

so we just sent a letter and the standard PPI questionairre as we didnt want to send another £10 to get no where again.

 

The actual offer is much more than we expected,

but how can they now decide due to an 'admin error'

they want to offer £400 less surely they have to honour the initial offer?

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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you need to SEE the paperwork they are relying upon

 

they must have it

 

else how can they make a revised offer?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I guess i should wait until the revised offer letter comes in and see what it says, they said they sent it on 28th feb, but havent had it yet.

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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what does that acheive?

 

you still wont be about to calculate what you SHOULD GET.

 

fire an SAR off

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They have 40 days to reply to the SAR and we have 28 days to accept their offer?

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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enc a letter with the sar refering to the fact that you are unsure

IF their redress is correct as they have chagned it

and wish sight of the documents they are relying upon

before accepting the reduced offer

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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