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    • I think the difference at play here is that I am being honest and saying I have only just finished a DMP
    • I sent a CCA letter to Arrow back in January 2020 concerning old Sainsbury's credit card and loan debt because they were hassling me to up my £1 payments which I have continued to make to Sainsbury's via SO each month - the debt was assigned to Arrow in 2010.  Arrow replied they would need time to get the documentation from Sainsburys.  They sent me two letters, last one in April 2020 to say still waiting to hear from Sainburys.  Then today I received a letter from Arrow to say they now have the documentation but couldnt send it via post because they were very busy because of the Covid19 restrictions! and therefore I would need to email them to request the documentation be sent by email!  Well, I dont want to email them because that then gives them my email address and as I dont trust them I want the documentation in writing via post.  Can I insist on that?  I am aware they are well outside the legal requirements for sending the information.  I pay £1 a month to Sainsbury's for the debt.  The credit card debt they have acknowledged is unenforceable and the payments have stopped.  What can I do over the loan please and the requested documentation?   Advice please and thanks in advance.        
    • Hello BankFodder I do have a sales invoice from SEHBAC showing the warranty transfer and fee paid.   The warranty is a 10-year warranty provided by the installers at the time of fitting 0n the 27/8/2015, fully endorsed by the Glazing federation.   This is underwritten by QA National Warranties. Section one:-  agrees to indemnify the policy holder in respect of making good a defect in the insured works where the contractor has ceased trading and is consequently unable to rectify the defects subject to the terms of the written guarantee issued to the policy holder.  A defect being defined as a physical fault or error in the insured works caused by defective workmanship or defective materials.   Section two:- covers breach of building regulations cover where the contractor has ceased trading. Sadly, in this case I have no claim against the insurers as the company has not ceased trading.   The installers have agreed that there is remedial work that needs to be carried out. The delay during the last few months has been annoying, especially as we are struggling to warm our living space to a satisfactory temperature without excessive use of the heating.   I have no Idea of the cost of the works required.    You have obviously realised from the information that I have given so far, that I feel that the remedial work will not fully address the issues. From the comments made by the surveyor at the time of inspection, the work that needs to be carried out will require the windows be deconstructed and reinstalled, this to me indicates that the workmanship in the fitting was substandard and consequently gives me little confidence that any repair will rectify the problem, but will only be a patch job, unfortunately this will not be known until or if the work is carried out.   I have not had an independant inspection of the work carried out, and would not know who to approach to carry out this sort of inspection.   The installers have given no indication of the actual work required to rectify the issues.   Thank you for your help.    
    • AXA have no obligation to explain anything to you about their policy cover because you are a third party and have no contractual relationship with them.  Your claim is against the gardener. If AXA's policy had insured the gardener then AXA, for practical reasons, would have dealt with you direct. But for whatever reason they have decided that their policy will not insure the gardener against your claim.   So AXA are correct that you will need to pursue the gardener directly for the damage to your property and he will have to pay it from his own pocket. If he disagrees then you would have to start a small claims court action and a judge would decide if the gardener was liable.   It's normal for insurers to ask for details of the damge you are claiming for before they decide whether it's covered by their policy. This hasn't disadvantaged you because you will need that information to make a claim directly against the gardener.   It's not correct that you would get new for old if AXA had agreed to pay the claim. As a third party claimant you'd get the same whether AXA paid it or the gardener pays direct - the used value.   Is the property that was in the lockup insured by you under your own household policy? Have you put in a claim for to your insurers? If it's covered by your policy then it's quite likely you would get paid 'new for old' value.   How to make a complaint to AXA is in the "Making a Complaint" section on this page ===>  Website Terms & Conditions | AXA Insurance  However, I'm pretty sure they'll just reply that they can only deal with complaints from customers and you aren't one. TBH I'm not sure what your complaint is? Haven't AXA simply decided their policy doesn't cover the gardener for this so you will have to sue the gardener direct? Only the gardener can challenge that and make complaints to AXA about it.
    • I don't understand why you think you should be entitled to claim new for old from 1/3 party insurer. On the basis that we are talking about negligence, you would only be entitled to be put back into the position that you would have been had the negligent act not occurred. This means that you would be entitled to obtain the replacement value of the damaged items. What kind of items are we talking about here? What kind of value are we talking about here
  • 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
      • 33 replies
    • 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
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Stephanie v NatWest **I WON * I WON**


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I sent the letter to NatWest ' Letter before action' and told them i had calculated £2771.00 in Charges from my 2 accounts.

They sent me a letter back saying they dont belive the charges where unlawfull but are willing to give me £400. for one account and £175. for the other and a gesture of goodwill.

 

Obviously i am not going to take this!

 

Not sure now tho..

Do i start court proceedings straight away or send a letter declining their offer?

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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I would write to them declining their offer, refer them to your previous letter and remind them of the deadline you set. Keep to your deadline and take the next step at the right time. Good luck.:)

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Thanks!

 

Done that now just gotta wait.

 

The 14 days dead line is monday so im gonna have to go and sort out the court proceedings now r'nt I.

 

Im quite nervous now!

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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My 1st response from Natwest was the offer and it came from the branch manager.

 

I sent him a letter declining the offer and i have now had this letter back from Stuart Higley (Customer Relations)

 

Thanks you for your letter which has been passed to me for my attention, im sorry you found this offer unacceptable. Consequently the offer is now formally withdrawn.

 

There will be no refund of £2,771 for which you have asked and i note you proposed way forward.

 

I am dissapointed to note you are contemplating legal action, whilst i hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our registered office address.

 

I am sure that this letter doesn't provide the answer you might have hoped to recive but nonetheless thank you for raising the issue with us.

----

Can any tell me if they have had similar letters?

Is this to put me off do you think or do they think i have no case?

 

Chreers,

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Yup. From other people's posts, it's a standard "P*** off" letter.

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DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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phew!

 

Also .. im confused about how to work out the intrest. Can any one advise?

 

On the spread sheet it says UNPAID CHQ CHARGE and CLEARED TRANSACTION etc

 

ive got unpaid chq chrges etc but not cleared trensaction...

ive got ... referal charges ... card misuse and charges that dont have n e thing by them just the date?

 

i dont understand it?

am i suposed to type ove the 'in respect of?'

 

thanks

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Having read something on some one elses thread, it said its difficult to calculate intrest if you have been overdrawn the whole time?

 

Im really confused about adding up all the intrest, would it be better to just apply for the charges?

Could any one advise?

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Hi,

 

I think you just delete whats already on the spreadsheet and insert what they have charged you, for example, 'unpaid direct debit, £38'. You enter the date on which they charged you and the spreadsheet calculates the interest to today's date.

 

Good luck!

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Im sorry if i sound really stupid but im really stuck.

 

Please Help Me!!!!

 

im claiming charges for 2 natwest accounts from dec 03 - dec 05

 

It was the 14 day deadline last monday and i need to send my claim form in but i cant work out the intrest.

 

Is there any one who is in a similar situation who has cracked it and can advise me?

 

Thanks

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Hi all. .

 

 

I still feel really confused about all this and looking at other peoples threads its not going to end n e time soon.

I am currently on benefits and dont have to pay court costs, should this mean i would be intitled to legal aid do you think it would be worth me getting a solicitor?

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Ok let me get this straight...

 

You are getting ready to put a claim in to Money Claim.

 

You are having problems calculating interest so you can claim back in court?

 

First of all;

 

a) Do you have a list fo dates and charges and amounts that have been applied?

b) Have you downloaded the spreadsheet?

c) Can you open the spreadhseet and see it.

 

No need for a solicitor, but of course, that is your decision. Just remember there is no rush here...

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If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Sorry you didn't get a response earlier, it got really busy after the new MSE newsletter, and we must have missed your post.

 

You won't qualify for legal aid on a small claim.

But you should qualify for court fee exemption.

 

Tbh, you don't need a solicitor. It's actually quite easy to do the claim form. And thanks to Dave's forms, working out how the interest should be straighforward. As Neo asks, let us know if you have the Excel sheet.

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As Neo asks, let us know if you have the Excel sheet.
Sorry, I meant to post to this thread - I have been helping Princess backstage with the spreadsheets...all ready to be printed out...I know nothing of the status for legal aid, so that advice is best left to others...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Cool.
Sorry? I thought you said earlier that I wasn't cool. Had a change of heart then?:cool:

Brownie points to you.
What about rep points instead...rep is a much nicerererer colour...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

  • Haha 1

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Thanks...I needed that boost :D

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Stephanie, sorry for hijacking,this won't take long, I promise!

 

Sorry? I thought you said earlier that I wasn't cool.

 

When did I say that?

 

What about rep points instead...rep is a much nicerererer colour...

 

Done. You shameless hussy.

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Stephanie - you all ready for Tuesday now? (ignore the hijackers around here...)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Look, I know we both have cartoons for icons, but that's no reason to confuse Bookworm and I with one another. Nor is the long blonde hair...

 

'Twas I who said you weren't cool. And I was seconded by your partner in illicitude.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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Hi all!

 

Sorry for not replying, im not on line at the mo and having to use my parents.

 

Spiceskull has helped me now and ive got the spreadsheets sorted.

 

Im not using Moneyclaim b'cus im taking my claim form to my local court.

So just gotta fill that in.

 

Keep you posted.

 

Thanks every one!

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Just filling in the form to print off now.

 

Can any one give me any tips on what to put in the Brief details of the claim and Value.

 

Some advice on how to word it and what i need to include would be great.

 

Thanks

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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For the 'value' part of the claim:

The Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £[penalty charges total] and the interest charged thereon of £[penalty interest total]

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from [claim start] to [claim raised in court] of £[Total Interest (8% APR)] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

If you are claiming in person, print a couple of copies (from the spreadsheets,) so that you can leave a set with your claim.

Regarding the particulars, take your pick from details here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=681

 

However, it is VITAL at this point that you familiarise yourself with the various acts and regulations that you are referring to. It is 99.99% certain that you won't need them, but always best to be prepared. Go through the stuff in the library and FAQs one more time, to get your argument clear in your head.

 

Good luck.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Thanks Spiceskull!

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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About the Brief details of claim section on the claim form...

 

Spiceskull, you have given me the link to particulars but ive already printed that off to go with the claim form b'cus on the second side of the claim form it asks you to attatch them, so i must have to put something different in the 'brief details of claim' part.

 

Any ideas?

 

Ta x

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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This is what I put - but would suggest you check it over before copying it verbatim:

I have a contract with [bANK] dated [DATE], which is conducted on their standard terms and conditions. I am claiming a refund of money taken by [DATE] in the form of penalty charges over the last 6 years, plus the interest they have levied on those charges. The Bank's charges are a disproportionate penalty, and therefore unenforceable as they are contrary to common law. Further, as a

disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges, but they have neglected to do so.The claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8% a year from March 2000 to [CLAIM DATE] of £[AMOUNT] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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