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    • @dx100uk - hi, started new thread here.
    • Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:   Name of the Claimant ? Hoist finance UK holdings   Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>   2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served.   3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.     4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
    • I don't think so. The information is supposed to be incorporated as part of the manufacturing process.   Most of the providers who flout these regulations get away with it because they say that their produce is a "show plate." Those producing legal plates are registered with the DVLA and will insist on ownership documentation. Here's some FAQs from a legit supplier:   Frequently Asked Questions - UK Registrations (ukregplates.co.uk)   A couple of those questions and answers: Do your number plates include your legal details? / Are your number plates road-legal? All of our number plates feature the required legal markings. This means that the text "PLATE FINDER SM1 4NG" will be shown on the bottom centre of the plate and "BSAU 145d" will be shown on the bottom right of the plate. This text allows the relevant authorities to find out which company produced the number plates if required. Do you require documentation? As a DVLA registered number plate supplier, we have to request documents that prove your identity and that you can use the registration number. We understand this is a slight inconvenience, but do our best to ensure sending documents to us is made as simple as possible. Be aware of other suppliers that do not request these documents, as it may suggest the replacement number plates they are producing are not road legal. [my highlighting]   When sending in documents we require one of each of the following: To confirm your identity driving licence utility, Council Tax or rates bill from the last 6 months bank or building society statement from the last 6 months national identity card To confirm you can use the registration vehicle registration certificate (V5C or V5CNI) new keeper supplement (V5C/2 or V5C/2NI) of entitlement (V750 or V750NI) to the number retention document (V778) - not applicable in Northern Ireland a renewal reminder for vehicle tax or SORN (V11 or V11NI) temporary registration certificate (V379 or V379NI) a number plate authorisation certificate (V948) with an official stamp from the Driver and Vehicle Licensing Agency (DVLA) or Driver and Vehicle Standards Agency (DVSA) an electronic number plate authorisation certificate (eV948) a letter of authorisation from a fleet operator (including lease or hire company) quoting the document reference number from the registration certificate This is a link to the DVLA's register of authorised number plate suppliers:   Find your nearest number plate supplier - GOV.UK (www.gov.uk)   If you wanted street legal plates it seems you may have done your money.  
    • I've come up with a fairly detailed statement.    it seems to me that I could reasonable argue that the school provided half (or whatever) of the services they were supposed to, so I should pay half.   The question is should I just put that sort of reasoning (admission?) in my statement? Or, should I be concentrating on asking them to prove their agreement with me? 
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    • 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
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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
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s75 of the Consumer Credit Act - I have a builder do me an extension


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Hi, this is one for people who really know their contract law, specifically the consumer credit act.

 

This is the scenario:

 

I have a builder do me an extension. Our contract states the work will cost £100k.

 

In order to get s75 CCA protection, I get the builder to give me 4 invoices.

 

Invoice 1- foundations, £25k (price shown on the contract)

Invoice 2- Roof, £25k (price shown on the contract)

Invoice 3- Walls, £25k (price shown on the contract)

Invoice 4, decorations £25k (price shown on the contract).

 

£100 was paid for each invoice using a credit card.

 

The transaction I made on each card was for the invoices, not for the contract. Each invoice takes the pricing from the contract.

 

Does anyone, who has a legal mind with a speciality in contract law, know if I can expect cover under s75 CCA in this situation?

 

thanks

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Not my field, but I would say no cover.

 

If you buy something using a cc that has a value less than £30,000 and pay £100 by cc and the rest by another means, say cash, then the whole lot is covered, so I would say the same is true in reverse and only up to the £30,000 would be covered.

 

Someone who knows more than I will probably correct that if it's wrong.

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thanks for the reply, but the purchases were for the invoices that I paid for.

Each totalling less than £30k.

That is what I purchased, not the entire contract.

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The banks don't just accept a claim and pay out, they investigate and talk to the third party and I don't think they would miss seeing the reason you have done it this way.

 

You should photograph every stage of the building so should anything not go according to plan, you will have evidence of that so can take further action.

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  • 2 weeks later...

I am trying to claw back some money from my cowboy builder.

 

I have just found out that some of the money that I transferred to him was to his personal bank account

and NOT his company account.

 

Given that his company is a legal entity,

is there anything I can do to claw back the money I sent (via bank transfer) to the cowboy's personal bank account.

 

I am assuming this is illegal.

 

But could my bank get my money back in these circumstances?

 

thanks

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  • 2 months later...

I have just fallen out with my builder who was building my extension.

He subcontracted the gas works which involved moving my existing gas boiler.

 

The gas engineer is refusing to finish the work as he says he is contacted to the builder

and he could be sued by him. I have checked this out and it appears to be the case.

 

No other gas engineer wants to touch the job as they cannot verify the work.

 

I'm stuck in a bad position.

 

Someone suggested that I get an engineer to finish the work but with no guarantee from the engineer.

I could then get an indemnity policy to cover the guarantee.

 

Does anone know if this is possible and if it will be accepted by building control?

 

Thanks

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So whats your builder said about it ?

 

Andy

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I wouldn't do that.

It's gas we're talking about, that's why gas safe registered people won't give you the green light.

Building control will not pass a gas installation without a certificate from gas safe technician (or engineer).

The only option is to uncover all the pipes and let the engineer/technician inspect and finish the job.

Unfortunately there's no shortcuts with gas and electricity, rightly so imo.

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  • 2 months later...

If a builder constructs a roof to a house but forgets to install one of the beams,

which then causes a crack in the inside of the house,

would this omission be considered accidental damage or something else?

Please understand that this is simply hypothetical!

Thanks

 

A builders insurance policy clause states that any accidental damage to third party property will only be covered if it is NOT part of the contract work.

 

If the contract states that a bathroom will be supplied and fitted,

but actually it is bought by the customer,

delivered,

and then fitted by the builder who then damages the bathroom units,

would this be covered under there insurance policy or not?

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A builders insurance policy clause states that any accidental damage to third party property will only be covered if it is NOT part of the contract work.

 

If the contract states that a bathroom will be supplied and fitted, but actually it is bought by the customer, delivered, and then fitted by the builder who then damages the bathroom units, would this be covered under there insurance policy or not?

 

Builders policy won't cover bathroom based on what you have said.

Customer needs to get the unfitted bathroom stored in their house covered by their Home Insurance.

 

Once the builder has started work and touches the bathroom,

it then becomes an issue for the builder to cover themselves ( if they can ).

 

They are expected to have the necessary experience and skill to complete work without damaging items they are installing.

 

Insurances, whether it is a builders policy or homeowners Insurance probably won't cover accidental damage to a bathroom being installed and the builder would have to pay for damaged items themselves.

If they don't pay,

you can take court action if required.

 

Homeowners Insurance usually excludes damage due to faulty workmanship.

 

I am sceptical a builder can obtain accidental damage for items they are installing,

because you could get a rubbish builder who makes a load of claims.

We could do with some help from you.

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No, that won't be accidental damage and home insurance usually don't cover this kind of situations.

It's the builder that is responsible for not installing the beam.

How can someone"forget" to install a structural beam?

Cowboys!

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I would appreciate any help to my predicament.

 

I recently had some work done to my house and the builder charged me £3000 via his paypal terminal.

 

I paid him £3000 using my barclaycard.

A day later he told me that paypal had suspended his account and that I would need to pay him £3000 in cash.

Trusting him, I paid him the money by bank transfer.

 

Things went bad with the builder and he did not complete the work I paid him for. He left.

 

I then find that £3000 has been taken via my barclaycard!

I call barclaycard and explain what happened.

They stated that the builder said the £3000 on the barclaycard was for labour.

 

I tried to explain that the builder said that paypal had blocked his account and that he did not have the money, but they say that the money has been received by the builder!

 

Can anyone help on how I should deal with this matter?

 

thanks in advance.

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Hi Be96,

 

You need to keep all exchanges in writing so you have proof of what's said by BC or anyone else.

 

Write to BC confirming that you were told that the BC payment to the builder had been declined and THAT is why you made a further payment by bank transfer which you can prove by bank statement. Accordingly, you require that BC refund the £3,000 to you immediately. If BC refuse this, you can seek a refund using s.75 CCA 1974 where the 2 banks (BC and the builders receiving account) have to communicate and reach a decision about the matter.

 

You must also write to the builder confirming that you have been misled by him about the BC payment failing due to his alleged suspended Paypal account. Tell him unless he agrees to £3,000 being refunded, you will take court action to recover your funds.

 

1. Did you have anything in writing about the work being done and the cost of it.

 

2. Have there been any exchanges in writing so far with BC or the builder.

 

:-)

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hi, thanks for the reply.

 

1. The actual contract that I had with the builder was for over £30k, so I gave him small amounts of money as time went on. There was no receipt given to me when the money was paid via the paypal terminal.

 

2. I have emailed the builder loads of times, but he has ignored all of them :(

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You will get little joy out of Paypal and as the builder is ignoring your communications then i see you only have the s75 option left through BC.

 

Court action would be a last resort, even if you get a ccj, coukd you be certain he would pay it? Does he own any property?

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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 Be,

 

1. Did you have a written contract covering the works, or any part of it ?

 

2. Did you get receipts for any of the pay'ts made to the builder.

 

3. Have you written to him by letter about the dispute, or only emailed him.

 

4. How much has he billed you for so far.

 

5. And how much have you paid him so far.

 

:-)

We could do with some help from you

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You 'suggest two problems' but I don't see any constructive answers to assist?

 

The OP isn't claiming 30k, thy are reclaiming 3.

 

Regardless of how that is spent on the card PP, ebay, etc etc, S75 protects the card holder.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have provided a reference.

It is constructive to suggest that someone determines whether they do have a right to make a claim before wasting time and energy doing so.

The deal was for over £30K and the sum is a part payment of this larger sum.

 

I shall now leave the matter to those better able to advise.

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There is nothing in the legislation which suggests that Payments made via Paypal are exempt from s75. The reference posted may be contrary to the legislation

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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:

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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be96erj , the info provided by Rexroth about Section 75 protection is correct.

However, you may be able to pursue a chargeback.

 

You 'suggest two problems' but I don't see any constructive answers to assist?

 

The OP isn't claiming 30k, thy are reclaiming 3.

 

Regardless of how that is spent on the card PP, ebay, etc etc, S75 protects the card holder.

 

Sadly, you're misinformed. There are conditions to S75 protection. Perhaps you should read the link which Rexroth posted.

 

There is nothing in the legislation which suggests that Payments made via Paypal are exempt from s75. The reference posted may be contrary to the legislation

 

Yes there is. For Section 75 there needs to be a valid "debtor-creditor-supplier" chain which is usually broken when using Paypal.

 

I have provided a reference.

It is constructive to suggest that someone determines whether they do have a right to make a claim before wasting time and energy doing so.

The deal was for over £30K and the sum is a part payment of this larger sum.

 

I shall now leave the matter to those better able to advise.

 

You've actually been the most informative person to contribute to this thread.

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StJane, my post stated that the reference "may" be contrary to the legislation.

 

Perhaps you could expand on the "However, you may be able to pursue a chargeback" to which you refer in the beginning of your post, but omit to explain how, except for how the OP cant!

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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