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    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
    • So, not that I am a glutton for punishment, this case is progressing to allocation. Cahoot/Santander have filed their defence. No applications to strike out. Had a letter from the courts today saying it is awaiting allocation.
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    • 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!
       
       
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    • 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
      • 33 replies

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First I would send SAR's for both Next and Phoenix if you have not all information.

 

Then submit a PPI complaint to Next who will respond that they were not responsible but it will get things in motion to escalate your complaint with FOS regarding Underwriters responsibility.

 

I am sure others will add to the above but good luck and don't give up as it took mine nearly three years to be eventually settled.

 

Thanks for the advice. It's worth a go I guess!

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Hi Baz,

I am not sure about Phoenix, and why they got clobbered but l can only think it was on the basis that they automatically added the PPI to accounts.

Cups

 

Thanks cups.

 

I have asked FOS for an explanation as I have a similar situation on another complaint but they seem to be not applying same stance.

 

I will keep forum posted.

 

Cheers

 

Baz

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  • 4 weeks later...

This has all come as a big surprise to me.

 

 

I felt sure I had PPI on my Next Directory account from 1988 until I cancelled it around 1994,

the account is still active.

 

 

I sent a SAR to Next six months ago,

and it came back with transaction histories from 2000 and no copy of the original agreement

which I had specifically requested, just a generic copy.

 

I wrote back with a failed SAR letter and a very pleasant lady telephoned me at home

and said there was definitely no PPI added when it was opened.

 

 

I said how can you be sure unless you can see the original agreement

and she said they did not need to because there would be notes about insurance on my account,

so I accepted this and thanked her for getting back to me.

 

What should I do now?

I've got the account number but no proof of PPI

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if you paid PPI or whatever

it will be listed each month on the statement

what categories appear each month

on those years you think you paid it?

 

 

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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Thank you, I am aware PPI or whatever would have been listed on a monthly statement, unfortunately as I said in my post, I do not have any transactions histories prior 2000 which is the reason I tried to obtain a copy of the agreement. The failed SAR didn't produce any results so when I came across this thread it opened up other possibilities.

 

 

It seems every customer with a Next Directory account in the 1980's and 90's had PPI from the outset and I hoped someone on here with a similar experience might be able to advise me.

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Thank you, I am aware PPI or whatever would have been listed on a monthly statement, unfortunately as I said in my post, I do not have any transactions histories prior 2000 which is the reason I tried to obtain a copy of the agreement. The failed SAR didn't produce any results so when I came across this thread it opened up other possibilities.

 

 

It seems every customer with a Next Directory account in the 1980's and 90's had PPI from the outset and I hoped someone on here with a similar experience might be able to advise me.

 

Hi rosequeen,

 

Mine was from 1991 but I was lucky enough to have old statements proving insurance payments.

 

Did you not receive a statement of account with your SAR ?

 

I requested and received what looked like a computer orientated screen print with ppi total, claim totals etc for the whole account. Maybe go back and ask for further details :wink:

 

Keep forum posted. G/L

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Thanks Baz1994, the only records I received from Next were transaction lists from 2000, none from when the account was opened in 1988, and a sample of a credit agreement. My account is still in use but I've got no proof that I paid PPI, although I remember having the insurance until 1994. What can I do?

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Thanks Baz1994, the only records I received from Next were transaction lists from 2000, none from when the account was opened in 1988, and a sample of a credit agreement. My account is still in use but I've got no proof that I paid PPI, although I remember having the insurance until 1994. What can I do?

 

Well the transaction list that I received actually stated total insurance amount paid from 1991 to date. It also included other payment / interest totals to date so I trust that is what you received otherwise I would be asking Next for further details. It was headed 'Account Enquiry' sheet under my Next Account number.

 

I also sent an SAR to First Assist who were the policy administrators in which I also received policy wording details.

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Hi everyone

 

 

I know I definitely had PPI on my account and also remember phoning them years ago to query the PPI on my statements which was automatically added. Unfortunately I do not have any statements only a letter dated 12 December 201 1regarding the T&Cs which reads.

 

 

"Also as part of these changes we have decided to close the Next Directory Flexible Account Payment Protection Plan (PPP, the Plan). Therefore, as Appointed Representative, and with the agreement of FirstAssist Insurance Services Limited on behalf of the Insurer, in accordance with the terms and conditions of the Plan, we are required to give all members of the Plan at least 90 days notice that the scheme will close on 31 March 2012. The last date we will charge you for cover is 31 December 2011, although cover will remain in place until 31 March 2012, when the Plan will close".

 

 

I can't remember what year I opened my account. If I write to Phoenix do I need to send them a SAR with a £10 cheque or should I contact Next to obtain further information?

 

 

Thanks for any advice.

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start a new thread

of your own please

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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  • 2 years later...

Thank you cups and Baz1994. I know that this is an old thread but I wanted to thank you both for your persistence.

 

I've just successfully claimed PPI from Next and it was Phoenix Assurance that I dealt with. I'm just waiting for the payment to come through to my bank account.

 

I was just browsing on the PPI forum to read about other Next successes and came across this thread. My thanks to you both is because I see that it was your persistence that helped establish:

 

1. Who claimants needed to contact to get redress

2. The PPI reclaims process for Next

 

Of the claims that I have done so far, I found this one to be the easiest. I made my complaint via Resolver about 4 weeks ago, was contacted by Phoenix within 2 weeks and received my offer two days ago.

 

Hope you're both well and got some good use out of your award!

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Thank you cups and Baz1994. I know that this is an old thread but I wanted to thank you both for your persistence.

 

I've just successfully claimed PPI from Next and it was Phoenix Assurance that I dealt with. I'm just waiting for the payment to come through to my bank account.

 

I was just browsing on the PPI forum to read about other Next successes and came across this thread. My thanks to you both is because I see that it was your persistence that helped establish:

 

1. Who claimants needed to contact to get redress

2. The PPI reclaims process for Next

 

Of the claims that I have done so far, I found this one to be the easiest. I made my complaint via Resolver about 4 weeks ago, was contacted by Phoenix within 2 weeks and received my offer two days ago.

 

Hope you're both well and got some good use out of your award!

 

Oh brilliant deedee1310 and well done, glad to have been of some help.

 

Hopefully will receive funds in time for Christmas.

 

ATB Baz

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