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    • i'm gonna get a 2nd opinion on this and how you should re-order the above.   i really do think that you need to now clearly portray that the supposed belief that a payment was made you've now realised as a false flag.   the main thrust of your defence should be paperwork issues and how important those are to their successful case. then the  charges issue 
    • is it entitled letter of claim?   dx  
    • Hi could you clarify as it is still unclear about AX as to how they contacted you.   How did AX contact you? (phone, email etc)   How long was it after the accident that AX contacted you?   When AX informed you that you had nothing to pay as this would be paid by the insurance company did you contact your insurance company to verify this before agreeing to AX T&C for the courtesy car?      
    • Hi,   I have received a letter from pra group for a loan from 2013. I have never paid anything towards this loan and it’s no longer on my credit file. What do I do? 
    • Hi  I sold two graphics card to customers on eBay, i used the pacelink to create postage and drop off both items at the same parcel shop, my both parcel were tempered and both of different customer said they received the puppy training pads instead of graphics cards. I use the default insurance on both £25 each.   When i raised the claim to pacelink Hermes admitted for one the parcel that it was damaged, pacelink has issued me £25 which i told them i am not accepting but they still transferred the compensation into my account.   Both of items sold for £780 and £790 respectively. I had to refund both customer, in total it cost me £780+£789.   I want to claim my money back because my both parcels were tempered because i used clear tape when I packed the parcels and when customer received it it was packed with brown tape, in addition to that both customers received puppy training pads of same colour.   I have all the photo avoidance provided by the customers. Conveniently whenever i used royal mail customer received the items perfectly and this time i used Hermes through pacelink and both customer did not received the items.   I have 100% feedback on eBay and sold 5 graphics card in which two were lost through Hermes.    I did recording of both items when doing the packaging. when can been seen at the following urls.           I know the process that i have to write them a letter which i will sent at the following address. Please help me if you have any sample letter. Please help me if i am missing something   Hermes Parcelnet Ltd,  Capitol House,  1 Capitol Close,  Morley  LS27 0WH
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Birmingham Midshires & SAR stalling


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Hi, have managed to sort out a lot of debt issues using this site and for that I am extremely grateful, all of which were unsecured however we now get to the mortgage and I need some advice concerning an SAR I sent to Birmingham Midshires (who the mortgage is with) along with a £10 postal order - this was sent on Monday 17th June 2013 by recorded delivery. Be advised of the following:

 

1) mortgage is in joint names with ex-husband - now divorced - (divorce finalised about 4 years ago and he has no financial interest in the property as per the terms of the divorce however BM would not release him even though he was out of work and ill) - he has never made any payments toward the mortgage whatsoever;

 

2) mortgage was a self cert as both of us at the time were self employed - mortgage taken out in May 2003 and is registered at the land registry - this was arranged through a broker at the time and was a repayment mortgage - it is due to expire in 7 years -

 

3) husband went off to live with another women and left me with three young children, a house to run in every sense and it was as if he never existed - with my sisters financial help and support I managed to obtain a divorce and keep the mortgage up to date as I had always paid it however this is when things started to go downhill as my business started failing, the recession hit it hard and no one seemed capable of paying me so I closed it and got a paye job in a local supermarket and of course income changed in a downward fashion. Had the interest only arrangement for a total of 37 months which is what BM have told me.

 

4) approached BM and asked for interest only payments having explained the above. They granted this for a time - this has been maintained and they kept telling me verbally,( as they do not deal with emails and always expect you to call them as they refuse to deal with payment arrangements in writing which is unfair I think or suspicious) that this can only happen for a maximum of 3 years (I have since had a letter stating that they refuse to accept this interest only payments offer as they are only offered for 24 months total which contradicts the verbal 3 years advice I was given) then it has to go back to the original repayment amount - which is more than I take home in a month however there is a fair amount of equity in the property - they have all my income and expenditure paperwork so they are aware of my position as well as my divorce and absence of ex husband.

 

5) the last interest only payment arrangement came up for review in December 2012. I made the interest only payment for 23rd December 2012 (note this was an interest only payment and not a payment concession so the only element missing was the capital) I got a letter from BM dated 28th December 2012 on about 3rd January 2013 stating that the interest only payments were due for review and that the payment would revert back to the full capital and interest payment after the next payment. This I understood to be from 23rd February 2013 and not 23rd January 2013. Oh no they insist it is from 23rd January 2013 so I made the interest only payment for January 2013 and got a screaming letter saying the payment was short which obviously put me in arrears for the first time ever and now since then the arrears have grown as I had to agree to pay a bit more for three months until they reviewed it again in June (3 months is their review periods which seems unfair). So now I am classed as being in arrears when I have paid them consistently the interest only payments as well as the C&I payments in the past, as they have changed the method that this account is operated by making it an arrangement and not interest only. They refuse to change it to interest only for the life of the mortgage and refuse to extend the 7 years left. They want my house and me and my children out of it. My children are all of adult age which does not help, one is working,one is part time and one is not working and they all help with running the bills.

 

6) Despite telling them that my ex husband is no longer in the frame and do not know exactly where he is, despite telling them that I cannot take calls at work and then rushing home from work by leaving early to get back in time to call them before 6pm as their letters advise, then being told that they are open until 8pm which contradicts their letters and being told they can only discuss payment arrangements over the phone and not in writing I feel there must be some regulation about all of this as I know they record all the conversations they have. Having insisted on having written confirmations they decided to pass it over to complaints who also wrote to me and said that they wrote to me on 5th January 2012 and that was a final response in which I could take it further with the FOS but as six months since January 2012 (yes 2012) that I have now lost the right to do so. Dont remember this letter they are on about hence another reason for the SAR.

 

7) anyway the next payment is due on 2nd July and they are expecting me to pay one half of the full repayment mortgage for 3 months and then in 3 months I am expected to take up the full amount for the life of the mortgage.....I can only pay the interest only amount plus the little bit extra that I have been doing for the last 3 months so they will have something - better than nothing I guess....anyway if I dont comply then they intend instigating repossession by way of litigation, this they have told me verbally as nothing comes in writing other than computerised letters with loads of figures on. The other option was to sell the house within 3 months and BM would send me a sale package which would exempt me from any further payments as long as the house was sold within 3 months - in this market and climate !!! again unfair and I know I am not alone either

 

8) I did visit the CAB in January 2013 and they kindly phoned BM who would not speak to them despite my presence until they had an income and expenditure list from me which I duly dealt with in writing. I then got a letter from the CAB telling me that they would prefer it if I went to Step Change, which I did and they told me to sell the house etc. The problem with that is that I would have to rent and then all if any equity would be eaten up in deposits, rents and then we would all be at the councils door

 

9) it occurred to me that I have no paperwork to hand concerning this mortgage taken out in May 2003 so I wrote to BM as previously mentioned on the 17th June 2013 by recorded delivery with £10-00 postal order and initialled signature which I always do and they have always accepted in the past, requesting an SAR which I thought could help me understand the mortgage fine print or the contract side of things (and I understand that they have 40 days to respond). Today, 28th June 2013 I get a response from BM which basically says that before they an respond they need all signatures as it is in joint names and that my ex husbands signature is insufficient on their system so they would require a copy of his passport etc verified by a certifier of standing to confirm his signature was true etc. How am I supposed to do this when I dont know how to get hold of him etc. They seem to be working the situation to their advantage and I am sitting here without any paperwork or knowledge as to what I can do about it. Not sure they need his passport etc., as the original documents would have all of this ....do I smell a rat or what.

 

Can someone please tell me what action I can instigate to get this SAR information or anything else that may help as I feel really angry, frustrated and tired so please accept apologies for typing errors etc. I also feel like taking them to court for effectively attempting to make my children and I homeless or at the mercy of the council in time....thank you for reading and apologise for the length of this post.....yes its one o'clock in the morning again ....sleep hunting ...thank you:mad2:

Edited by ramp
clarification on a point
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not exactly my ball game mortgages

but

on two fronts I can help

 

you are quite rightly entitled to the SAR

 

on the masses of discussions via phone only

 

STOP!!

 

you must now demand al comms in writing from now on.

 

there have been cases like:

 

Hi

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them.

http://news.bbc.co.uk/1/hi/business/8615870.stm

http://www.telegraph.co.uk/finance/p...y-the-FSA.html

http://www.fsa.gov.uk/library/commun...2010/065.shtml

http://www.guardian.co.uk/money/2010...mortgages-fine

 

 

about motgage co's not reating people fairly

 

this might open doors too

 

I wonder if they have levied all manner of fees they wish to 'hide'

 

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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Hi thank you for the response....any suggestions about getting this SAR without having to track down ex husband ....and if I have to do they really need passport id and verification from an appropriate person...this is like stalling as time is short I think...thanks again

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you need to question them upon where it states anywhere

 

that an sar on a joint account must be from both parties

 

I've never heard that before

 

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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