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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • 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
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

Sony Experia Mobile with Vodafone - Fit for Purpose? nah?


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A friend of mine is having a nightmare with her Experia Miro mobile phone .

 

 

. . it loses mail, it loses calls, it loses contacts and turns itself off intermittantly . .

 

 

. she is 1 year into a 2 year contract and been back to the vodafone shop many times to resolve the said problems.

 

 

It has been sent away to be fixed and it's still happening . .

. to say this phone isn't fit for purpose is an understatement

and the fact there are so many problem threads like this my friend is worried it will never be resolved.

 

What legal rights does she have to get this sorted because fixing it doesn't seem to working and she pays £28 per month for the privilege!

 

Thanks in advance for any help posted . . .

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the sale of goods act applies.

 

 

however

 

 

can I suggest something

 

 

we have a very good rep here

 

 

follow this:

 

 

We here at CAg have a very successful VodaFone Rep operating here

.

We advise you to follow this method to alert them to your thread:

.

If you'd like any help from Lee, email your details via the Contact us form here (https://help.vodafone.co.uk/system/selfservice.controller?CMD=ESCALATION_REQUEST&PARTITION_ID=1&CONFIGURATION=1000&COUNTRY=us&LANGUAGE=en)

you MUST PUT the code 'WRT135 - CAG Forum' in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this

Vodafone UK

.

CAG.

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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did you get a number back?

 

 

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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  • 2 weeks later...

post 2

 

 

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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Hi stuscfc1883,

 

I don't appear to have received your email.

 

So I can get this looked into further, please update the thread with your email reference number.

 

If you haven't received one, ask your friend to complete the form with her details and quote code WRT135 - CAG Forum in the subject line.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

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  • 3 weeks later...

Hi Lee,

 

sorry, i'm clearly not doing it right . . . i've emailed vodafone again but again i've not seen a reference code . . . may i have your email address and send you my friends complaint . . . thanks in advance and appreciate your acknowledgement . . .

 

Stuart

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try now

 

 

We here at CAg have a very successful VodaFone Rep operating here

.

We advise you to follow this method to alert them to your thread:

.

If you'd like any help from Lee, email your details via the Contact us form here

https://help.vodafone.co.uk/system/selfservice.controller?CMD=ESCALATION_REQUEST&PARTITION_ID=1&CONFIGURATION=1000&COUNTRY=us&LANGUAGE=en

you MUST PUT the code 'WRT135 - CAG Forum' in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this

Vodafone UK

.

CAG.

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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Hi Stuart,

 

As you're still having problems with the Contact us form, ask your friend to email me with a contact number only at [email protected].

 

To make sure it reaches me, she'll need to quote the code WRT135 - CAG Forum in the subject line.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

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Hi Lee,

 

My friend has told me about your 'offer' . . . so just let me know if i've got this right . . . ?

 

Offer 1

A Buy Back of her old phone (which doesn't work) and an option to buy a new phone at full price.

My friend is suspicious of the value Vodafone will put on her phone as clearly the phone doesn't work and therefore your tech team will find that out on inspection.

She has just contacted your buy back team and they have offered £8.00 for it as long as it's in full working order!

Clearly this option is a lost cause Lee. This phone is not fit for purpose of the duration of the contract (24 months).

 

Offer 2

An Opt Out of her current contract with a cancellation fee at 50%.

She wouldn't need to Opt Out of anything if the phone worked correctly as per the terms of the 24 month contract so why should she be penalised because the phone has failed?

Surely it is your responsibility to ensure the phones you sell on 24 month contracts actually work for that duration.

 

Offer 3

Repair current phone again.

You and I both know this forum is littered with 'repaired phones' which have not been repaired satisfactorily. Her phone has been repaired at the your Head Office and yet the phone is still not working properly and again I reiterate, not fit for purpose, so of course she has no faith in this option.

 

Also Lee, you failed to put the above in writing, my friend is still paying her contract bill every month and every time I see her she is moaning that her phone doesn't work . . . I am appealing to the powers on this forum to help if you at Vodafone are not able to.

 

I await your response . . . thank you

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  • 2 weeks later...

Hi Lee,

 

Thanks for your response and yes my friend is happier that something is at last being done to solve the problem. I'll keep you informed if anything develops further and again thank you for dealing with this . . .

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