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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
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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
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Cold calling firms forced to display phone numbers


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The Government has announced plans to put an end to anonymous phone calls from British companies in the UK or based overseas.

 

Telemarketers will be forced to display a valid phone number when they make phone calls - or face heavy fines in a new crackdown on nuisance calls.

 

The welcome change to the law means it will be a legal requirement for direct marketing callers to show a valid caller identity that shows up on phone displays when they call.

 

The changes make it easier for people to report any company that makes unwanted calls.

http://www.which.co.uk/news/2016/01/cold-calling-firms-forced-to-display-phone-numbers-429776/

 

 

How to stop the nuisance callers

 

First, make sure you’re not handing your details away. If you don’t want to hand over your own phone number when filling in forms, use this one instead .

 

You can complain about a cold caller to the ICO here .

 

If the cold caller is from a claims management company, such as those calling about PPI, you can also complain here .

 

Cold callers aren’t supposed to call you if you’ve signed up to the Telephone Preference Service .

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There was a thread here a couple of years ago about someone trying to claim compensation from cold calling companies.

I can't find it, but I wonder if anyone knows if he got anywhere

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There was a thread here a couple of years ago about someone trying to claim compensation from cold calling companies.

I can't find it, but I wonder if anyone knows if he got anywhere

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?370544-Homeowner-wins-damages-for-time-wasted-answering-phone&highlight=Richard+Herman

 

http://www.bbc.co.uk/news/business-20068927

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The welcome change to the law means it will be a legal requirement for direct marketing callers to show a valid caller identity that shows up on phone displays when they call.

 

Most (all ?) of them ignore their obligations with regards TPS registered numbers, so why would they use an identifiable number. The only way this will work is if the telecoms provider is forced to impose a valid caller ID on all business lines and remove the ability of these nuisance callers to use anonymous dialing or fake caller ID.

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No... you can't eat my brain just yet. I need it a little while longer.
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......Telemarketers will be forced to display a valid phone number when they make phone calls .........

Things have recently got more difficult for us. We have a call blocker on the landline, which I'd set to block all withheld and abroad numbers.

We were getting marketing calls every day, many of which come from abroad. But some of these companies have recently started using UK numbers and not withholding their number, so to stop them I've had to set the phone to block all calls except those on a white list of people we know. I think our phone has the capacity to block up to 10 numbers, but this would very quickly get filled up, so only accepting calls from known callers seems to be the best solution for now. Seems a shame really, and kind of defeats the object of having a phone, but the phone system is getting abused so much it's well overdue for some changes in the rules.

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My phone, 'call blocks' up to 100 numbers, and I get 3 on average cold calls a day, which I don't hear. Just when checking my call list I can see that I have been called.

 

When it comes to filling in online forms..I live in Manchester with an 0161 area code, I just put in 01610000000. It works every time. I would imagine it would work in any area of the country if you just put in your area code and then noughts for any numbers thereafter..:madgrin:

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It's a good step but I don't think they'd be able to find and fine all of those companies. I got 3 calls from the same company and all of those numbers were unique. I have now given up picking a phone call from an unknown number.

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I would like to see a ruling that prevents multiple numbers being used to contact you. I had a credit card company and their in house "Debt Collector" call me from over 30 different town and cities around the UK (and I am looking at you Vanquis!). They only have the one office, and certainly don't have an office in my own area!!!

 

Thir use of this technique must surely be harassment!

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have mentioned this before.

bt allows peeps to withold their numbers for free, yet charges a recipient for their 'anon call reject' service. con. either charge for witholding as well, or allow the anon reject service for free.

and, they also want to charge for caller display, whilst offering such services that require caller display, including their 'privacy' phones. ridiculous.

:)

IMO

:-):rant:

 

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bt allows peeps to withold their numbers for free, yet charges for a recipient for their 'anon call reject' service. con.

 

The anonymous call bar doesn't include overseas callers. So that little hellhole in India offering Microsoft Support will still get through.

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No... you can't eat my brain just yet. I need it a little while longer.
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The anonymous call bar doesn't include overseas callers. So that little hellhole in India offering Microsoft Support will still get through.

:) it should do, its available in their 'privacy' phones. shld be available as standard eg at the exchange. ie no caller id, no through call.

though even with a number, it wld be dodgy. one i looked up came up as from iran!

IMO

:-):rant:

 

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I would like to see a ruling that prevents multiple numbers being used to contact you. I had a credit card company and their in house "Debt Collector" call me from over 30 different town and cities around the UK (and I am looking at you Vanquis!). They only have the one office, and certainly don't have an office in my own area!!!

 

Thir use of this technique must surely be harassment!

 

 

Not the only ones who do this, they Vanquis also others use STD code for your area along with a number, previous years on here we listed a lot of numbers recorded and used by Vanquis an a lot of others/

:mad2::-x:jaw::sad:
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  • 2 weeks later...
The Government has announced plans to put an end to anonymous phone calls from British companies in the UK or based overseas.

 

Telemarketers will be forced to display a valid phone number when they make phone calls - or face heavy fines in a new crackdown on nuisance calls.

 

The welcome change to the law means it will be a legal requirement for direct marketing callers to show a valid caller identity that shows up on phone displays when they call.

 

The changes make it easier for people to report any company that makes unwanted calls.

http://www.which.co.uk/news/2016/01/cold-calling-firms-forced-to-display-phone-numbers-429776/

 

 

How to stop the nuisance callers

 

First, make sure you’re not handing your details away. If you don’t want to hand over your own phone number when filling in forms, use this one instead .

 

You can complain about a cold caller to the ICO here .

 

If the cold caller is from a claims management company, such as those calling about PPI, you can also complain here .

 

Cold callers aren’t supposed to call you if you’ve signed up to the Telephone Preference Service .

 

 

Do these fools take the TPS seriously that answer is a resounding NO!!! I have been registered with the TPS for some time, this nasty piece of work stated for the recording he would continue to harass me until I listened to what he had to say.. I said not interested don't call back, his reply I'll do as I want I WILL call back.. For this see below. This is what I did moments later, my formal complaint to the TPS service and this is their reply... >>>

 

 

 

Today at 9:24 AM

2016-02-09

Re: Your complaint against: HOME ENERGY SYSTEMS LIMITED

 

Dear Mr M. M************

 

Thank you for your recent communication about the unsolicited direct marketing telephone call that you received on your Telephone Preference Service (TPS) or Corporate TPS (CTPS) registered telephone number.

 

Unsolicited telephone calls are covered by the Privacy and Electronic Communications (EC Directive) Regulations 2003 which are enforced by the Information Commissioner's Office (ICO). It is unlawful to make unsolicited direct marketing calls to telephone numbers registered with TPS. The fact sheet briefly explains what the law says.

 

TPS has notified the company you reported that a complaint has been received relating to a breach of the above regulation. They have been instructed to investigate your complaint and respond to us within 14 days of receipt of our letter of complaint. We have also asked that they do not make any more unsolicited direct marketing calls to your telephone number and that it is suppressed.

 

Thank you again for bringing this matter to our attention, you will not hear from us again about this specific complaint. TPS has no enforcement powers but we work closely with the ICO and provide them with a regular file of all the complaints received including details of this complaint and the response received from the company.

 

It is the ICO’s responsibility to investigate non-compliant organisations and take appropriate action. The ICO has issued fines against various companies for making unsolicited direct marketing calls to telephone numbers registered with TPS.

For the link to the legislation you may find this here >>http://www.legislation.gov.uk/uksi/2003/2426/contents/made

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Thank you again for bringing this matter to our attention, you will not hear from us again about this specific complaint. TPS has no enforcement powers but we work closely with the ICO and provide them with a regular file of all the complaints received including details of this complaint and the response received from the company.

 

So what is the point - TPS has no enforcement powers and as far as I am aware, neither do the ICO ?

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I stand corrected, thank you MM :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I had the same issue with a DCA doing the same thing. This was in my early days of CAG.

 

The action the ICO can take depends on the severity of what way the caller has behaved and what effect it has had on the line payer...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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I really need to set up an 09 number that costs £1/minute to call and then start plugging it into every online survey and form I can find....

 

http://www.bbc.co.uk/news/technology-23869462

 

Fortunately, I have been on the TPS register for donkeys years and rarely hand out my number so consequently get very few cold calls. The ones I do get are these automated dialers used for PPI/solar energy/boiler scrappage cons.

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No... you can't eat my brain just yet. I need it a little while longer.
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Things have recently got more difficult for us. We have a call blocker on the landline, which I'd set to block all withheld and abroad numbers.

We were getting marketing calls every day, many of which come from abroad. But some of these companies have recently started using UK numbers and not withholding their number, so to stop them I've had to set the phone to block all calls except those on a white list of people we know. I think our phone has the capacity to block up to 10 numbers, but this would very quickly get filled up, so only accepting calls from known callers seems to be the best solution for now. Seems a shame really, and kind of defeats the object of having a phone, but the phone system is getting abused so much it's well overdue for some changes in the rules.

 

Time Govt insisted telcos provided subscribers with free call-blocking service.

 

We have a cheap but effective call-blocker which I'm gradually 'tightening the screws' on. Any unwanted calls now and I block the whole originating 'city'. (area code)

 

Mike.

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My phone, 'call blocks' up to 100 numbers, and I get 3 on average cold calls a day, which I don't hear. Just when checking my call list I can see that I have been called.

 

When it comes to filling in online forms..I live in Manchester with an 0161 area code, I just put in 01610000000. It works every time. I would imagine it would work in any area of the country if you just put in your area code and then noughts for any numbers thereafter..:madgrin:

 

01000000000 seems to work every time for a dummy number.

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And for my next trick....

 

Block all numbers - and for those that want to contact me, they'll have to pay me [£5] to unblock their number for the year. Same next year ! - except fam & friends !

 

Mike.

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  • 1 month later...

Is there a template letter or link for stopping continuous harassment by telephone calls ?

 

I have the company details and complaints address.

 

I have requested that they remove my details from their records and to stop calling but they still continue even late at night.

 

Complaints already with ICO / TPS but I would like to threaten further regarding wasting my time and continuous harassment.

 

Thank-you

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