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    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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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

Chances of getting full entitlement license back


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Hi wonder if someone could help me.

 

I called the DVLA with regards to my driving license. Spoke with a woman,who was helpful and gave me information on how I could resolve my issue.

 

 

On February 2005, I passed my practical driving test.

 

 

Upon passing my test, I sent away for my full entitlement license and never gave it a second thought. Not long after this my family and I moved away from the UK.

 

 

We rented out our home for the first few years and got any mail forwarded to us. I never received any correspondence from the DVLA stating that they hadn’t received my paperwork.

 

Having returned not long ago, I was pulled over by the police – routine check I presume. Insurance etc. checked out fine but when it came to my license, they said I was flagging up as a provisional holder. Obviously thinking it must be a misunderstanding, I explained my situation to police. They were very helpful and asked me to show with my photocopy of my pass certificate, which they were happy with, and told me to contact The DVLA.

 

I called them and they said they have no record of me passing my test.

 

I was told to fill in a D1 form and send another passport photo, but i didn't need it signed. Also sent them photocopies that I had taken of my theory pass certificate, practical pass certificate and also a copy of my driving test report. I sent all the above information in a cover letter also.

 

I am on my nerves. Couldn't cope with a re-sit.

 

What do you reckon my chances are?

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Can someone please give their opinion :(

 

Hello and welcome to CAG.

 

I expect the forum regulars will be along later or tomorrow, but this Friday evening and you've only been here for a few minutes. We're all volunteers here so people will be along when they can, please bear with us.

 

My best, HB

Illegitimi non carborundum

 

 

 

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If you have the pass certificate, then you have nothing to worry about. Sadly, this thing is a very regular occurance with DVLA, and has even been featured on watchdog/panorama. It has the hallmarks of a money making scheme, but theres no proof to that effect.

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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I hope. Just seen that so many people have said they have received replies from the DVLA saying that it doesn't matter that they have passed their test, they is no proof that they applied for their full license, if that makes sense?

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It should be up to them to prove you didn't. You could always SAR the DVLA, but chances are whatever reply you get would be heavily redacted.

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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It should be up to them to prove you didn't. You could always SAR the DVLA, but chances are whatever reply you get would be heavily redacted.

 

 

Anybody else have any insight?!

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http://lmgtfy.com/?q=dvla+losing+entitlements

 

As you can see, it is a very widespread thing and has been happening for years.

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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When I passed my test, all the sending off for the full license was handled by the test center. Why do some people have to do this themselves?

 

It is the pupils choice. when you pass your test, the examiner "offers" to send off for your full licence but you can refuse the offer if you want. Most people accept of course, but sometimes they can't do it or you have another reason not to let them. eg they can't do it if a woman has recently married but takes the test under her maiden name. She will need to send her marraige certificate with the pass to get the new licence in her married name at the same time.

 

Are you sure you asked the examiner to send off the paperwork at the end of your test? If you did, try contacting the test centre direct and find out if they keep records of which pupils they processed the paperwork for. If they did, then that will help your case, if they don't then I am afraid Nimrod is correct and the DVLA will simply claim that pass or not, you didn't send your certificate off within the 2 years.

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