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    • Hi All,   Apologies for the Quality of the PDF.. I had to Compress the crap out of it as it's 50 pages.. but it's still readable.. these grabbed my attention:   Page 1 Claim @ £185.. Not sure if they are going to present the other claim for £220 on Page 49 as the "Paralegal" looks like he is running this Dog & Pony show and may send an Advocate Page 7 [18] Apparently I am naive Page 14 [47] The Paralegal may not be able to attend..  Page 40 [3] I made a cut & paste error here.. wrong company & wrong amount.. not much I can do about this..   I will  also include in my own WS Dave's suggestion on the Kangaroo Court & Jake's letters if found..   VCS Witness Statement 20-01-21_V1-Upload.pdfLet me know your thoughts,   Regards Tom  
    • Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim.    The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
    • Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?   Does that inc other lawyers? Surely that should say at least 1.
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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

Motor insurance - good or service??


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Good evening,

 

Today I purchased a one day "temporary cover" motor insurance from Haven, the purpose of this was to use my brothers car in order to move some stuff around. I took the insurance out through a broker called temp cover. The site was very misleading and anyway after 20 minutes I managed to process the application for the policy. I paid 39 pounds for the one day cover. However, when my policy certificate was emailed to me when I opened it the policy was in fact for the 3rd to the 4th of June. So either through a mistake on my behalf or a glitch in the system (I cant be sure) I had a useless policy as I am in work on that date anyway.

 

So I looked to remedy this and on the website it had a number on the top. It was an 0845 number and I have no idea whether this will have cost me money to ring. Anyway, after about ten minutes working my way through the minefield I managed to get through to somebody.

 

I explained the problem and the agent automatically answered me back with "unfortunately Mr Higgins we cannot give you a refund or neither can we change the date of the policy". Basically, tough!!! I asked her if i could speak to her manager to which she replied I am the manager. I explained that I am pretty sure I have some statutory rights to a refund and feel it is completey unfair that they cannot offer me at least a partial refund.

 

I have decided not to take this lying die, why should we as the consumers be bullied by this big companies. 40 pound is not a lot of money but the principle of it is worthless. So this is were anybody reading this comes in. What I would like is some free honest advice. Also, I have a few questions aimed at people who know the Sales of goods and services act as well as long distance selling regulations.

 

Under the latter it states that I am entitled to a 7 day cooling off period. Now I know it would be pointless as in 48 hours the service would have been null anyway. But should I not be entitled to a refund?

 

Any free advice would be much appreciated.

 

Kind Regards

 

Mr Higgins

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You have a right to cancel, plus you can always initiate a chargeback with your bank.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Distance Selling Regulations don't apply to financial products so there is no right to cancel without penalty.

 

You generally have a right to cancel - the so called 'cooling off period' - however the company also have a right to charge an administration fee. With low cost insurance (travel, temporary), that fee is likely to be more than the cover costs - so you would not actually receive a refund.

 

You can make an official complaint - the company will sometimes back down (if you go to the FOS then they generally get charged a fee of £550 regardless of if they win) - the company has 8 weeks to respond, after which time you can take it to the ombudsman.

 

If you carry out a chargeback as per the above advice, they're likely to just sell the debt onto a debt collection agency.

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