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    • 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? 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..    
    • Hi!   So the company I booked the move with is AnyVan but they outsourced to another removal company. I have no contact details for them.   The missing items are only 2 shelves from the bookcase and only the clothes rail from the wardrobe. Difficult to put a price on them. So the bookcase is completely unusable without the shelves, so I would say £20 and for the wardrobe I bought a new rail and a saw to cut it in size so another £15. Like I said, it's not about the value of the of the items, it's the way they have treated us and their refusal to compensate even though we had paid insurance.   We were both there when they were packing our belongings but we didn't watch them, so I can't say for sure when/how these items were packed. We did check the house before we left and nothing was left behind.   Their insurance policy can be found here: https://www.anyvan.com/insurance-policy.
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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
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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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Hi

 

Ive been in discussion with a payday loan lender about the charges they are adding to my account.

 

Originally the balance to payback was £405.

It is now over £700.

This is just interest and charges added on.

 

I had an email glitch months ago, meaning I have no copy of my contract, nor their terms and conditions.

I have asked many times for them to forward me a copy, but they refuse to do this point blank.

 

I have now sent a complaint to them, asking for this info, so

im hoping their complaints process will mean i get the contract and statement of account type thing showing when they have added interest or charges.

 

The reason for this post is really to see if there is anything else I can do to argue about the extortionate charges they keep adding.

 

thanks

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The charges are unlawful and unenforceable as they are all penalty charges. Regarding the interest, it all depends on what the contract says. If they refuse to give you the contract, you can use that against them, but you may well have to issue a SAR and specifically state you want a full copy of the original contract. They cannot refuse it this way.

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..

 

 

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Imp is right :), SAR them and then they have to reply.

 

However also send a £1 CCA Request... See if they have a contract for you.

 

We could do with some help from you.

 

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**Fko-Filee**

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I asked which address I needed to send a SAR to, they replied providing me with my contract. I then asked if i could have a breakdown of all charges added, they have now done this too.

 

How do I challenge them about adding £308 extra charges, aside from the 300 loan and 105 initial interest payment.

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Ignore them for now, Pay what you actually owe, then deal with charges.

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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they have finally sent me all the documents I requested. After being told several times they wouldnt, as soon as I asked where to send my SAR, they sent me what I needed.

 

Interestingly, on the export showing my charges, they sent me an excel worksheet with 3 more sheets on. Payday Loans, Installment Loans and Collections Calculations. The graphs etc show they have a distinct plan to move entirely from payday loans to installment loans. Im guessing that is to avoid laws either in place, or about to be in place that are specific to Payday loans, not installment loans.

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they sent me the agreement via post, but the statement of my account showing charges etc via email. The email spreadhseet included this other info and graphs about payday loans etc.

 

I didnt take a close look at the agreement, except to see it wasnt signed by me, not sure if it mentions electronic signatures at all...

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A simple tick box counts as a signature now.

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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  • 1 month later...

Ok. So yesterday I received a notice from northompton county court. 1st stop have filed a claim there. i am registered with stepchange, who have been paying 1st stop. 1st stop keep sending me emails with phrases such as "you have not made any offer to pay by installments, or lodge a defence, we will notify the court within 7 days"

 

Now, this is despite me sending them dozens of emails explaining the situation, making a payment on my own before stepchange contacted them, and for a £300 debt, ive paid about £50, but in the court document it is still £751 + £^0 for court costs now.

 

I have a limited time to respond, can anyone offer me some advice please? It comes across as barking mad to continually say I havent contacted them, or made an effort to payback, when they are receiving payments...

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First, make sure you acknowledge the claim using the details on the claim form. Could you post the POC's please.

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

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hi, do you mean particulars of the claim? if so, all that is written in that box is "1st stop payday loans ltd agreed to lend the defendant #300.00 on 27th august 2013. the defendant agreed to pay the short term loan back after 30 days. the defendant has failed to meet the repayment of the loan despite many attempts to resolve this." thats it.

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For a professional lender, those Poc's are pathetic. I think since you are in a nationally and legally recognised DMP, and payments are being made without fail, a CCJ is unlikely. Get that AOS in to MCOL, and ill get someone to advise on your defence.

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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" For a professional lender, those POC are pathetic."

 

Are there such institutions in PDL,s? :lol:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Ha ha ha professional and payday don't go in the same sentence :-P

 

I'd like to see the outcome of this case... I personally don't think so CCJ will be issued but let's see

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Quite fko...thread moved to the appropriate forum.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Its looking more and more likely that this pdl is a one man band. He doesn't even employ a solicitor. Even carter uses a better poc than that and his are vague at the best of times.

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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Seems that way ... The website is a little bit of a joke to be honest... Recently I did a test of the website and found a load of flaws

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 4 weeks later...

Is there any update with this case, my wife had a loan with 1st Stop, we went into financial difficulty and consulted a debt management company who have been paying this PDL for over 12 months. They have been sending her emails threatening Court action for the last 3 months despite payments still going from our DMC to them. This appears to be a similar case and look forward to the outcome

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If they tried any type of court action when they are being paid by a DMP, then they would be very very foolish.

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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