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    • I accept the point you have made in paragraph 2 and I am aware of the risks I will incur at any hearing. However the opposite side of the same argument is that Lloyds will have to claim they have no liability whatsovever as the card services provider in a scenario where clearly there was a breakdown of payment services between themselves and the merchant.   The Court may decide against me for not exhausting all options or it may accept that myself and this particular merchant are in dispute and there was no reasonable prospect to recover the money. Regardless of those options (which is exactly what I consider them to be options - not obligations), I am of the opinion Lloyds Bank is still liable as a card services provider and if I am successful it will have wide reaching implications on their policy of attempting to fob their customers off whenever they induce preventable mistakes and refuse to correct them.   To put it another way, if you have a dispute with an energy company you can use the Ombudsman Service, or you can forgo it and proceed to court. I have forgone my option of a section 75 claim and wish to hold Lloyds liable. I believe I am only afforded this option as a result of the Rights of Third Parties Act 1999 - although this could be an error on my part. And that banks prefer their customers to pursue merchants in full knowledge they are equally liable. After a lengthy discussion with HSBC regarding the same issue they attempted to fob me off with a similar excuse that I am subject the conditions of Master Card or Visa or whichever company it may be. They attempted to do this by simply referring me to a webpage that does not form any contractual agreement or present itself as terms and conditons to be accepted by me. I totally disagree with the positions of both banks, if I have entered into agreement and hold an account with Lloyds, I believe all my dealings are be conducted with them and whatever agreements they have with another payment service they intertwine with is a matter for them. My credit card agreement is with Lloyds not Master Card.   Both myself and Lloyds will be risking something if this proceeds to Court. I have accepted that and there are few causes worth pursuing that do not carry inherant risk.
    • Hi, thanks for replying. Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.
    • So the dealers aren't interested It doesn't matter, as you already understand the liability rests fully with the finance company and frankly I think that you are probably waited long enough because nobody seems to be committing themselves to sorting the problem out. There are a couple of technical problems that you need to understand. A quick of English law is that you must actually have suffered a financial loss in order to bring action. Although clearly the damage the engine represents a substantial amount of money – it isn't actually money. Normally speaking if you're suing for breach of contract you would have to demonstrate a pecuniary loss and that means that you would actually have had to spend the £8000 to repair the vehicle and then claim it back. I think that the county courts are sufficiently modern-minded that they may run with it anyway but I would be surprised if your hire purchase company objected in the first place to bring an action for the value of work which had been carried out. The second thing though is that if you are not actually out-of-pocket then you won't be able to claim interest. The County Court rate of interest at the moment is extremely high comparatively speaking – it is 8% simple. You won't get that rate of interest anywhere else. If you simply sue for the value of the repair without having spent the money, then assuming that nobody raises some technical legal objection, then all you will be able to recover is the £8000 for the repair and no interest. If you spend out the £8000 now and have the car repaired then you will be to recover that money +8% until the money is repaid to you. Of course the hire purchase company won't actually want to go to court about this and eventually they will pay. However they will simply try to pay you your net sum – but if you have actually started proceedings then my advice would be that you should stand your ground and tell them you want every last penny including the interest – as well as your court fees. There may be other losses which you are incurring why this car is off the road. Presumably you are paying insurance. Presumably also you are paying road tax. You have an alternative vehicle so you aren't really in a position to claim for alternative transport but on the other hand if the loss of this vehicle is costing you anything else then we need to know about it. You certainly need to calculate a daily rate for the insurance which is basically money thrown away and also a daily rate for the road tax which is also money thrown away. If there are storage fees then they should be recoverable as well. My recommendation to you is that you get the work done after having given proper notice to the hire purchase company that this is what you going to do and that you are then going to see them to recover the money. Let us know what you think about this. Have you asserted your right to reject?  
    • OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?
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Can I charge Virgin Media an admin fee for dealing with their repeated incompetance?


ScubyUK
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Hi Caggers!

 

Brief History.

 

I was a legacy customer (old Telewest customer) since 2005.

 

The last contract renewal was in 2007 when I moved house the previous time, so contract was well out of band.

 

Notified them in December that I was moving and would like to take my services with me,

they said sure, no problem and could probably provide the services I wanted.

Great.

I moved house 9th January.

 

I contacted them on the 19th January to find out what was happening with my service installation at the new place.

 

 

Was told the service was activated on the 17th.

That would have been a miracle as the house has no cable through the wall.

Upon asking them to check, they had reactivated the service at my OLD address.

 

Having established that this was their fault, and establishing that they did not in fact operate in my new area they agreed that the account was closed,

I owed them nothing further and in fact was due a refund of £21.

Result! Phoned Sky and got a great deal.

 

3 weeks later they send me a bill for a months worth of charges.

After swearing at the statement I calmed down and called them.

Explained everything to them in great detail

(had to repeat myself a couple of times because, overseas call centre),

they apologised profusely and said I dd in fact have nothing to pay

(no mention of the refund though) and to disregard the bill.

 

2 weeks ago I get a reminder that I still owe the amount on the recently provided bill.

Off I go to tweet my displeasure to Virgin Media in a lovely public forum.

They were on it like a rocket, very helpful and said it was now all sorted.

 

Monday I get a threatening letter saying pay up or they'll pass it no to a collection agency,

and today I get another bill!

 

I want to charge them an admin fee for dealing with this cr*p and having to put with the stress!

 

Advice please, how do I deal with these muppets?

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Send the CEO an invoice and 14 days to pay up.

Calculate your time at your normal rate of pay.

If they don't pay within 14 days send a letter before action and after another 14 days file a claim through mcol.

At the same time complain to the ombudsman, forget about call centers and stay off the phone.

It might be the wrong approach but this is how I gained their attention when I stupidly went back to them after being stung the first time.

 

CEO email: [email protected]

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And dont forget to ask for your £21 back too

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

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Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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How if they owe you?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Hi Guys,

 

Yes, I have emailed the CEO directly. Got home from work today to find another pointless letter for MDR.

 

In biro or crayon ? :madgrin:

We could do with some help from you.

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

 

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

How do I escalate this?

 

Have heard nothing from the CEO in reply to my email dated 22/03/16.

 

Just checked my Clearscore file and they've registered a default on my account.

 

I'm seriously ticked off!

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Ok so a little more detail please.

 

how much are MDR saying you owe them?

 

Who has registered the default?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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who has registered a default?

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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How do I escalate this?

 

Have heard nothing from the CEO in reply to my email dated 22/03/16.

 

Just checked my Clearscore file and they've registered a default on my account.

 

I'm seriously ticked off!

 

Send another email quoting your first and say simply 'I thought you would at least have had the courtesy to reply to me'.

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Have they sent a bill either by post or email for this amount?

 

Seems very strange for them to jump straight to a default when allegedly they owe you. Maybe worth a call to get a copy bill emailed if you have moved.

 

It may shed some light on whats actually going on here

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Have they sent a bill either by post or email for this amount?

 

Seems very strange for them to jump straight to a default when allegedly they owe you. Maybe worth a call to get a copy bill emailed if you have moved.

 

It may shed some light on whats actually going on here

 

Paperless billing, but yes they have emailed me the bill with this amount, despite telling me 3 times now that I don't owe it.

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If tweeting is the only way to get a response i would be tweeting from the rooftops and following it up with an "Official Complaint".

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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If tweeting is the only way to get a response i would be tweeting from the rooftops and following it up with an "Official Complaint".

 

I have been, their responses are as useful as a chocolate teapot! Full of fake apologies.

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Time to send a lba.

Don't be afraid to start court proceedings against VM.

Fortunately, despite being a giant company with unlimited resources they have not managed to buy the British courts yet.

If we're not careful we'll probably end up with privatised Virgin courts one day...

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