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    • The gaming giant is offloading the Venetian in a $6.25bn deal to invest in Singapore and Macao. View the full article
    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
    • There's more support for many in the Budget, but for some it still falls short. View the full article
    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi everyone

 

I'd really appreciate your thoughts on this one please.

 

Basically bullet-pointed as follows:

 

  • Invited to attend dealership on Sunday 24th April to discuss early upgrade of PCP vehicle at their invitation
  • I said I'm happy with what I had, but let's see what an upgrade looks like and I'll decide after that, but I emphasised it must not cost more than I'm paying now and it must contain the same enhancements/features that my current (Yaris Icon Plus) contains. I emphasised the specs more than once during the conversation
  • I was shown a car in the showroom and was told this was similar to the car I was potentially getting and theonly difference was this was a Hybrid and mine was not. IE it had all the enhanced features of my current car.
  • Salesman went away and came back with a quote £20 pm more than I was currently paying. I said, thanks but no thanks. He went away again and came back with a figure very close to current payments so I said okay and signed paperwork and they said delivery would be the following Thursday 28th April.
  • Monday or Tuesday evening I read through the papers and couldnt see any specs cited at all, so phoned Salesman expressing my concerns, that I have the Icon Plus model and the new car specs must match that or I would not go ahead with the car. He told me the specs I currently had were the same in the new car. I thanked him saying I felt reassured.
  • I was asked to come in on Friday 29th in afternoon to take delivery of new vehicle and bring my Icon Plus back. After what seemed a lot of paperwork signing I was taken to the car. I asked him to pair my phone which he did and I noticed there were no speed dials and he showed me the 'Phone List' is where they are, but much less user friendly and although prettier in colour I told him I thought that was a step backwards for Toyota. The controls looked different but I put this down to it being a newer model and since he had already told me the specs were the same I wasn't too worried.
  • Left and when I got home realised that none of the enhanced features were there!
    • No dual climate control for Air - just straightforward air con
    • No electric rear windows (wind ups instead)
    • No heated/rain sensitive windows - just normal ones
    • No electric rear view mirror - just standard one
    • No rear LEDs

     

    [*]I called dealership next morning (it was too late on the Friday night)

    [*]I told them I was coming in to see manager - he wan't about until Sunday so I went in on Sunday.

    [*]Meeting was with Manager and trainee salesman (whi backed up my story about emphasising specs and also being shown the Excel model (that does match the specs apart from it being Hybrid)

    [*]Manager was sympathetic saying 'basically there's been a screw up' and he promised he would send some emails to get to the bottom of what happened, and that I would get a call on Tuesday. I didn't. I called him and see apologised and said I would get a call on Wednesday as the sales manager I saw was away. I didn't.

    [*]I called Thursday and told them I was coming in as I was anxious I was putting miles on the new car.

    [*]The salesman who saw me (a different one) explained the salesman was again not there, but said I could get the Excel for £20 pm more, so I said yes, and he showed me the car (showroom car) and said he would talk to the manager the next day to get this sorted.

    [*]The next day, Friday I received a call from this same salesman saying that the exchange would not be happening because when I had phoned the week before, the salesman had told me what I would be getting and what I wouldn't. I said that's not true, I in fact phoned because I was concerned that I couldn't see reference to the specs on the paperwork and needed reassurance this would match those on the Icon Plus (my traded in car).

    [*]I went in the next day and was told they had requested recordings of phone calls (held by a datacentre), and if the recordings prove my story they will exchange but if not they won't.

Do they really record all phone calls or is this another stalling tactic. I don't know what to do, or if I can do anything at all

Do I have any recourse? I feel I was deceived into signing for a car I didn't ask for, but thinking it's all too late now.

Many thanks :)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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A lot of 'sensible' companies record phone calls which is exactly what you should have done. Don't do any in future deals to any company without recording them. You do not have to tell them you are recording.

 

Obviously if they do record the calls and are not just engaging in delaying tactics, then if what you say is true, there will be no problems and you can demand the car you were promised.

 

If the phone calls recordings don't materialise, I would demand you had a face to face meeting with the actual salesman that promised you what you asked for.

 

Was anyone with you at the time who can back you up ?

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Thanks Conniff. I did speak to him and asked why I was shown a Hybrid version of a car with same specs as mine, (they said the one I would potentially be buying would be same spacs as this one only it wouldn't be a Hybrid) and minutes later I signed paperwork for the same (but unbeknown to me, it turned out it was for a car that I had not asked for, it was for the standard model.. He just said that Toyota would only be interested in recorded calls as evidence, as everything else was their word against mine. There was a trainee present on the day (his first sale) and he supported my story (ie. insistence on specs being the same as current car otherwise no deal) when I went to speak to the general manager 2 days after I got the car, but they're just not interested in any of that because it can't be proven. I also told him if not resolved they would lose repeat business from me, then he mentioned how big the parent company is, so they wouldn't be worried about that....

 

It all hinges on the phone call recording it would seem, which is great if they ever deliver it (if it even exists)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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You really should reject this car, take it back and tell them this is not the car you were sold. It not being on the paperwork you received says to me they have done this before and will continue to do it to other customers.

 

Give them 24 hours to get these recordings and 'tell' the manager you want a meeting with him and the salesman and the trainee salesman.

Saying we are a big company is another reason why I don't think you are going to get anywhere unless you reject the car which you should do in writing.

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Thank you Conniff. I plan to write a letter tomorrow - any idea if there are any templates available to assist in wording this correctly? Also the finance 14 day thing expires on Thursday so do you think I should write to them too or leave that as it is for now?

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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you should be able to return the car as it's within 30 days, however it would be argued that when you collected the car most of the extra's were visable and maybe should of been noticed at point of collection

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you should be able to return the car as it's within 30 days, however it would be argued that when you collected the car most of the extra's were visable and maybe should of been noticed at point of collection

 

 

  1. I know and this is why my phone call recording is important:
    Monday or Tuesday evening I read through the papers and couldnt see any specs cited at all, so phoned Salesman expressing my concerns, that I have the Icon Plus model and the new car specs must match that or I would not go ahead with the car. The result of my conversation with him left me feeling reassured that I was getting the same specs.The salesman I phoned was the one who originally sold me the Icon Plus, and I had a trust relationship, or so I thought...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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