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By BankFodder · Posted
Also, we have to be careful to separate issues which relate to their failure to respond to your SAR – and which is the substance of your most recent claim – from the other information that they have provided in the defence which has nothing to do with this statutory breach claim. We must be very careful to keep these completely separate. They obviously have not appreciated the distinction between the two issues and we can use this to our advantage -
By BankFodder · Posted
Thank you. The two CCJs are not relevant to this. They don't form part of the pre-action protocol for this particular action. The rest of it is interesting and we will have to think about it. What is very interesting is that they've identified the store where the phone was sold. Can you please tell us where store was and also send them an SAR. I think this SAR can relate quite specifically to this particular account/phone. If this means that for the first time they have identified the store – this means that this information has been missing in respect of previous SARs. That itself is evidence of a breach of the data protection rules. I think that the fact that the Sim card has been used or not used is irrelevant. Not having been used is not evidence that you didn't order it. It is any evidence that you never used it. In terms of this signed credit agreement – is that something which you have seen previously as part of previous statutory disclosures? The final part of your post relating to change a signature – I don't fully understand the moment. Also, please could you attach your tabulated file so that we can actually see your responses to the point they are making in the defence. You haven't addressed the point that I made that their defence doesn't seem to respond at all to your claim. Is this correct? -
By BankFodder · Posted
I'm losing track of this. You tell me that you now have two of these at home? Also, how did you get the vouchers? -
By lemon_martini2 · Posted
Sorry for delay-we had a bit of a health scare here. I've gone through and tabulated them and there's a couple of things that leap out. *They have ignored all the pre-action correspondence including two previous CCJs-one of which was actually paid. *The dates for the SARs are incorrect even according to their own records as web transcripts and letters show that they do not mesh up with the dates given. *They claim that I failed to make payments from 4 November 2019-bank statements show this to be incorrect as the DD payments went out in November,December and January. *For the first time they have actually identified the store where the phone was sold. *They admit that the SIM card for the mystery phone shows no evidence of ever having being used at all but get round this by claiming that I used a different SIM card with a different provider-again bank statements show that I did not use a new provider(with a handset they provided-and have receipts for) until after the contract had finished. And then the Court sent their copy which includes everything including the portion left out of my copy including what Virgin purport to be the signed Credit Agreement. I can see why they did not send me that section as they have fallen into a killer trap. I changed my signature in 2020 and the only documents Virgin have with the 'new' signature on are the cover letters I sent with the SARs. If they used that signature from the cover letter to put on the agreement it would be instantly obviously as it would be the 'wrong' one-which is exactly what they have done! -
well don't panic about filing just yet i know it's due tomorrow, but as a Litigant In Person (LiP) you are given certain leeway. what were your funding sources for that period, i'e what bank accounts did you hold? as it's within 6yrs you could quite easily using that banks phone banking or online system look at the statement for that period or go phone the bank and ask as i said it would be 1000% better to file SB , but ofcourse must be 1000% sure as well. eitherway we can deal easily.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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