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    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
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    • We have finally managed to obtain the transcript of this case.

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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

 

Following the latest mis-selling scandal, my father-in-law has today received a letter from Homeserve "Requesting a review of your policy sale"

 

 

Enclosed was a questionnaire which seems to ask some very personal financial questions, should he answer these or just ignore the questionnaire and just submit a letter claim for mis-selling.

 

 

I know that Homeserve regularly used to phone him and sell him various policies until I told him they were pointless, as he was already covered.

 

 

Could this just be a "fishing letter" to find out reason to disallow a claim?

 

 

Think I need to get him to SAR them and find out some more.

REMEMBER! Hunger is the enemy - NOT the hungry!

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He does not have to complete the questionnaire sent, but can simply submit a complaint to them instead, stating the facts of the mis-selling that are relevant. I had a Homeserve product by default, as a local water company transfered a policy I had with them to Homeseve. They kept phoning me to buy other products and I instead asked them to cancel my existing policy due to their continual telesales calls.

We could do with some help from you.

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He does not have to complete the questionnaire sent, but can simply submit a complaint to them instead, stating the facts of the mis-selling that are relevant. I had a Homeserve product by default, as a local water company transfered a policy I had with them to Homeseve. They kept phoning me to buy other products and I instead asked them to cancel my existing policy due to their continual telesales calls.

 

 

 

Thanks Unc,

 

 

I'll draft him a letter to send off.

REMEMBER! Hunger is the enemy - NOT the hungry!

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Hi,

 

 

Just had a thought, would it be an idea to enclose a FOS questionnaire with the letter?

 

You could. If there was any other Insurance covering the same or most of the risks, I would also send a copy to Homeserve.

 

The problem with Homeserve is that they phoned telling people, did you know that you were not covered for x issues and did you know for £x per month, we could arrange a policy for you. Now most people on the other end of a phone line would not know instantly what other Insurance they had and they would not get around to cancelling with Homeserve within the 7 day cooling off period allowed for distance selling. Not a good way of selling, particurlary to the elderly.

We could do with some help from you.

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Hi,

 

 

Below is draft of letter for Father-in Law to send.

 

 

Dear Sirs,

Thank you for contacting me regarding the above policy and advising that this may have been mis-sold to me.

I believe that I was mis-sold this policy as:

 

  1. It was not suitable for me.
  2. I already had sufficient cover.
  3. My needs and requirements were not assessed at the time.
  4. I consider that your sales staff pressured me into buying this by using the practice known as “Fear Selling”.

Due to my reasons for believing that I was mis-sold this insurance, I do not consider it necessary to complete the questionnaire that you enclosed with your letter and as such I will not be completing it.

Although I will not be completing the questionnaire, I will still be pursuing a claim for mis-selling.

Yours faithfully,

REMEMBER! Hunger is the enemy - NOT the hungry!

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Seems ok to me. See how they reply. I expect that they will write back saying that they need the questionnaire to be completed, before they consider it any further. For this reason, you could amend the letter to ask them to note this as a formal complaint for FOS purposes. You could also elaborate a litte on the points made e.g why was the cover not suitable. This will have to be provided at some point.

We could do with some help from you.

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Reworked letter for Father-in-Law.

 

 

Dear Sirs,

Thank you for contacting me regarding the above policy and advising that this may have been mis-sold to me. I also believe that this will apply to all other policies that you have sold me.

I believe that I was mis-sold this policy and others as:

 

  1. It was not suitable for me.
     

    1. I already had sufficient cover through other insurances.
    2. Any possible claims would have been adversely affected by my age and existing medical conditions.
    3. [*]I was not asked whether I already had any existing insurance.

      [*]My needs and requirements were not assessed at the time.

      [*]I consider that your sales staff pressured me into buying this by using the practice known as “Fear Selling”. The salesperson(s) selling the insurance was pushy and strongly advised me to take the insurance.

      I believe you have not treated me fairly.

      Due to my reasons for believing that I was mis-sold this insurance, I do not consider it necessary to complete the questionnaire that you enclosed with your letter. Some of the questions that you now ask, should have been asked at the time, not several years later. This is evidence of mis-selling and supports point 3 above.

      I also consider it invasive and the questions inappropriate and as such I will not be completing it.

      Although I will not be completing the questionnaire, I will still be pursuing a claim for mis-selling.

      Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums. I also expect 8% interest to be added to each payment I have made as this is the statutory amount a court would pay.

      Please regard this letter as a formal complaint for FOS purposes.

      I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.

REMEMBER! Hunger is the enemy - NOT the hungry!

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Yes that is better and hopefully will get a fuller response.

We could do with some help from you.

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Hi, my father aged 89 now, also received this letter which he forwarded onto me as he wasn't sure what to do with it. He has 5 or 6 Homeserve policies all highly dubious and 'doubling up' on other insurance products eg home insurance and private medical insurance. I plan to send a similar letter to yours. Please do post any developments...thanks.

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If you need any assistance or have any questions regarding the questionnaires you’ve received we’ll happily answer these for you and address any concerns you may have. Please send your details to our email address logged in the biography section of our profile.

 

Kind regards

 

James

Here To Help Team

HomeServe

Here To Help Team

HomeServe

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  • 4 weeks later...
  • 1 month later...

Hi,

 

 

Latest developments, sent a claim in for all policies which totalled £1655.

 

 

Homeserve have responded saying that they partially uphold the claim and offering a refund of some of the payments on one policy amounting to £26 plus a further £25 compensation for the attitude of one of their sales people when selling the policy.

 

 

They cite recorded phone calls as the reason for rejecting the rest of the claim. Strange, in the SAR we requested copies of phone calls etc, but none were included and it was stated in the letter with the SAR material that was ALL the information.

 

 

So, which part of the company is lying?

 

 

Now composing a reply regarding their offer of £26, which was for premiums only, no 8% interest. LOL

REMEMBER! Hunger is the enemy - NOT the hungry!

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Hi,

 

 

Latest developments, sent a claim in for all policies which totalled £1655.

 

 

Homeserve have responded saying that they partially uphold the claim and offering a refund of some of the payments on one policy amounting to £26 plus a further £25 compensation for the attitude of one of their sales people when selling the policy.

 

 

They cite recorded phone calls as the reason for rejecting the rest of the claim. Strange, in the SAR we requested copies of phone calls etc, but none were included and it was stated in the letter with the SAR material that was ALL the information.

 

 

So, which part of the company is lying?

 

 

Now composing a reply regarding their offer of £26, which was for premiums only, no 8% interest. LOL

 

Hi Jedicris, Sorry to hear about the concerns stated. Could you email your details to the Here To Help Team email address stated on our profile and we will have this looked into for you. Kind Regards, Dean, Here To Help Team, Homeserve

Here To Help Team

HomeServe

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They cite recorded phone calls as the reason for rejecting the rest of the claim. Strange, in the SAR we requested copies of phone calls etc, but none were included and it was stated in the letter with the SAR material that was ALL the information.

 

 

So, which part of the company is lying?

 

 

If they are using phone call recordings to deny most of the claim back of premiums, then they have to supply copies of these. Sounds like Homeserve are deliberately trying to reduce the amount they are repaying for the mis-selling.

 

Being that they have already been fined £30 million for the mis-selling by the FCA, if Homeserve are not being fair here, I would be tempted to report this back to the FCA.

We could do with some help from you.

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If they are using phone call recordings to deny most of the claim back of premiums, then they have to supply copies of these. Sounds like Homeserve are deliberately trying to reduce the amount they are repaying for the mis-selling.

 

Being that they have already been fined £30 million for the mis-selling by the FCA, if Homeserve are not being fair here, I would be tempted to report this back to the FCA.

 

 

I will discuss with Father-in-Law possible options and whether he wants to take up the Homeserve's reps offer.

REMEMBER! Hunger is the enemy - NOT the hungry!

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Hope you don't mind me jumping in on your thread,

 

We have two policies with Homeserve: 1. Water supply pipe cover 2. Plumbing & drainage, both running for over 6 years. The salesman told my wife they were necessary and paperwork came on Anglian Water headed paper (sounds official as Anglian are our provider) Premiums already paid over the years must be nearly £2000!

 

Not sure if a SAR is worth sending if they are not including phone call info. This is obviously an organised [problem] between certain water companies and Homeserve.

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Good evening Rockwell304, We have just seen your post and wondering whether you require any help or have any queries regarding your policies. If you would like to discuss anything further please don't hesitate to contact us at your earliest convenience. Please send your contact details to our email address located on our profile page. Many ThanksAnnaHere To Help TeamHomeServe

Here To Help Team

HomeServe

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Hope you don't mind me jumping in on your thread,

 

We have two policies with Homeserve: 1. Water supply pipe cover 2. Plumbing & drainage, both running for over 6 years. The salesman told my wife they were necessary and paperwork came on Anglian Water headed paper (sounds official as Anglian are our provider) Premiums already paid over the years must be nearly £2000!

 

Not sure if a SAR is worth sending if they are not including phone call info. This is obviously an organised [problem] between certain water companies and Homeserve.

Hi Rockwell304,

 

 

I think it is always worth sending for a SAR. Now we know that they have the phone calls, just keep pushing until they are sent.

 

 

I have already responded to Homeserve saying send them or ICO complaint on its way plus letter rejecting offer saying produce the evidence.

REMEMBER! Hunger is the enemy - NOT the hungry!

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  • 1 month later...
Hi Jedicris, any updates or developments on this?

 

I'm just about to hit Homeserve with a substantial claim.

 

Hi We have spotted your post and would like to help, if you do require any assistance, please email the Here to Help Team at [email protected] Kind Regards Jack Here to Help Team HomeServe

Here To Help Team

HomeServe

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