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    • Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated. In the County Court at ************ Claim Number:***************** BETWEEN: Claimant: ********************** -and- Defendant: *********************** WITNESS STATEMENT OF ******************   I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court. I contest that the Claimant's claim is vague and unspecific. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A). On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B). On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E). The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection. The claimant has provided a 'reconstituted' set of statements which are not original documents The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers. I believe that the facts stated in this witness statement are true. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck. Statement of Truth I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary. Signed: ________________________________ Dated: ________________________________
    • Brilliant, that's reassuring.  Off to the Hermes forum now.
    • No, I think UK will get same deal as EU.  Main reasons for this are two sectors,  Defence and Financial Services.  US have huge levels of money invested in the UK, so they have a self interest in offering a trade deal as good as the EU.
    • @labrat I'll bet it isn't the subframe itself that's broken. It'll be the subframe mounting bolt(s) that have sheared off inside it. Because the bolt is seized inside the subframe, it effectively renders the subframe scrap. I suspect the garage are simply talking in terms the average customer is more likely to understand than going into the detail of it. The Golf, Jetta and Beetle, which are all mechanically identical, are notorious for it.    A smaller independent garage may have tried to get the bolts out, but you very quickly reach the point where time/effort/cost is simply not worth it and replacement of the whole subframe is the better choice.   Of course the OP could approach a salvage yard, either local or online, and ask about the cost of a good used item, which would be substantially less expensive than what I assume is the price VW are charging for a replacement.
    • Applied for and awarded by BY in Sept 2020 still not received it yet Comments appreciated
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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!
       
       
        • 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
      • 33 replies

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hi,

 

can anyone help with some historic info on Uncle Buck rollover/extension policy either via emails or have or historical references to the website c2010? I have made a formal complaint to them which i received final response today (which of course they refused to uphold). My complaint is based on affordability/irresponsible lending as in the 1st cycle of loans with them, they rolled my initial loan over 15 times without me paying the original loan back - simultaneously they gradually increased my credit limit. During this time i had a large no of payday loans and a terrible credit rating due to a gambling problem. I eventually agreed a repayment plan with them - after completion of the repayment plan, they then re-lent to me again and as you can imagine, the cycle continued until i agreed a 2nd repayment plan with them. At this stage, I asked them to permanently bar me as a customer but unbelievably they lent to a me a 3rd time and I ended up in a 3rd cycle of repayment

 

Their reason for refusing my complaint was that they used a product called Lending Metrics to assess affordability. I am absolutely sure there no income/expenditure info required provided for the roll-overs but any help on the actual roll-over process would help? Given the debt I was in, any product that looked at my credit file would have seen my credit rating was terrible

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Send a complaint with all your info to the FOS and copy in the FCA as well.

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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yes renegade, just in the process of full complaint to FOS. Will have it posted by the weekend - have a fair bit of evidence already, just looking some supporting info on the rollover process so my complaint is fully accurate

 

Yes was thinking the FCA may be interested in the number of rollovers and treatment of vulnerable clients themes

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  • 3 weeks later...

Hi,

 

I've just complained to Uncle Buck for a similar situation to yourself. I also received a final response which also mentions Lending Metrics, can you post the full response from them? Maybe they are just fobbing complaints off with a standard template letter re responsible lending? They decided not to uphold my complaint because they used Lending Metrics and they warn customers of the consequences of taking a loan before they apply, their complaint didn't address most of the points I made on my complaint, they glossed over most of the points I made and it looks to me like I've just been fobbed off. I'm going to appeal with their complaints manager and if I get no joy I'll go to the FOS.

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Hi,

 

Here is my response from them:

 

Investigation Outcome and Conclusions

 

Having reviewed the information I have available I am unable to uphold your complaint. The reason for this is that when assessing your loan application Uncle Buck used data from Lending Metrics, who provide real time data to assess your credit worthiness and affordability along with information you provided on your application.

 

Uncle Buck displays warning messages that its loans are unsuitable for longer term borrowing and this is also explained in our adequate explanations document. If a customer wishes to re-apply having successfully repaid a loan, we would consider this application, if it falls within the parameters of our re-serve policy, as there may be valid reasons why a customer would seek further funding.

 

At Uncle Buck we believed, and continue to believe, that responsible lending needs to be matched by an element of responsible borrowing. We make customers aware we record their responses and expect these to be truthful and accurate insofar as the customer is aware at the time.

 

Please note that according to our Complaints Procedure, this is our final response. If you are unhappy with it, you may refer your complaint to the Financial Ombudsman Service.

 

You need to do this within six months of the date of this letter.

 

For more information please visit

 

 

The address of the Financial Ombudsman Service is:

 

Exchange Tower London E14 9SR.

 

The enclosed leaflet provides you with more information on taking your complaint to the Financial Ombudsman Service and the service they provide.

 

Alternatively, you can within two weeks of receiving the final response letter ask our Complaints Manager to review it, or ask our Trade Association to conduct a review. We have enclosed a further copy of our Customer Complaints Procedures document giving further details on how you can do this.

 

We appreciate the time you have taken to bring this matter to our attention.

 

Is your response similar to mine? As I said they didn't address most of the points I made in my complaint and just provided a standard response, their quality of complaint response is shocking.

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thats a very similar/exact same response I received to my complaint to them. What was the basis of your complaintLendingMetrics product only appears to have been introduced in 2011 - given my complaint relates to 2009, I am not sure how they can claim that although it probably is a standard response letter

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