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    • may not will..read it carefully.   snotty letter time.   in this very same forum for exactly the same place there is one from yesterday.
    • Goodmorning   I hope everyone is well and thanks to everyone so far for their advice   Just about to submit SA online   wanted to check a few things please   1. for my fuel mainly, lot of the receipts have faded and i use my internet bank statements for evidence of fuel etc. For example if I wen to BP petrol station, and filled up £40, it would show up on my bank statement and thats my evidence. If i do buy a coffee whilst there, I tend to pay separately, thus keeping the fuel payments e separate. i thn aportion 60% of the fuel cost to business, as ~40% i for personal use.     Therefore, is this method of keeping records acceptable to HMRC?       2. on the online SA form, there is a box for signature. if Im submitting online, do i have to sign that and if yes, how?   3. NIC2. It asked if i had profits over ~£6,500 ( cant remember exact figure). Thats a yes. So next was if i wanted to give NIC2. When I choose yes, a red message error comes up preventing me from proceeding. Only when I enter 'NO' onto the NIC2 that it allows me to contribute. Does that mean the system thinks I shouldn't pay NIC2?     4. Last year, on the SA of 18-19 ( that my acct had done for me and submitted), I ended up making an overpayment of £800 by 31/1/2020. I also made the first payment on account for 19-20 of half that amount , ie 400.   in this years return, im asked if theres any underpayment or underpayment from previous years. hen I enter the overpayment, again i get a red error message which stops me proceeding with the form. Only when I enter, 'NO', meaning theres no over or underpayments , that the online portal allows me to proceed with my SA application. In effect it means for this year I will have to pay what i owe, without taking into consideration that I had overpaid a ttal of £1200 ( 800 + 400), last year. How can I address that please?
    • Well if you want to go ahead then we will support you. I suggest that you try to get in contact with one or two or maybe even three mechanics who are familiar with this kind of turbocharger and are prepared to give you – even just a note in writing to say that if they are incorrectly fitted in this way then a blown gasket is a typical consequence. Also, I suggest that you photograph it – good photographs – to show the bolts, indicate how they were incorrectly fitted before. If you can take a picture of the gasket line to show how the gasket had to be compressed by the correctly fitting bolts. I think the fact that you drove around with it for a bit is not really a problem – especially as they were fobbing you off. I think you need to write all of this down in a statement. Write down a concise statement of what happened, – with the pictures to illustrate what you are saying. Why you continue to drive it – because you needed it for work et cetera but how you made attempts to deal with the garage and they simply rebuffed all of your approaches even though you are a customer of theirs and it was clear that they owed you a continuing duty in respect of the work that they had undertaken. It is clear that the work they carried out was not carried out with reasonable skill and care – as per the consumer rights act and so therefore they are liable for all of the consequences which flowed from that negligence – and the blown gasket is typical.  
    • good Morning and HNY CAGGers!   i hope that you are all doing well considering the situation.   I never beleived that it would simply go away but its been a while since i heard from the parking charges.   This morning we received a Letter of Claim from CST Law for both of the parking charges for £160 each.   we have 30 days to respond before they go legal!   Pleae can someone advise where to go from here?   Thank you
    • Unfortunately the garage manager, helpful as he is, doesn't want to be drawn into court cases etc. So would rather not make a statement.   He said they have basically installed the turbo using the wrong screws. So it has worked it's way loose causing damage to the gasket. I have the gasket and the screws.   It was refitted using correct screws from ford.   They have said iv have driven my van for 6 months before complaining. I had no choice and was complaining in the meantime and being fobbed off.   There was also a short period when the screaming stopped. So obviously I just let it go, as I was very busy at work.   So In between being fobbed off, being busy at work, inconvenient times, short period of no screaming, and realising that I need to take action and what I was going to do about it, 6 months elapsed.   Is the 185.01 my only loss? Mediator says they have said its my only loss as the 480 I'm claiming for paid for the installation of the turbo. And this would of had to be done anyway  
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    • 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
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Lowell/BW - Claimform - old o2 mobile 'debt'

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Good evening forum, been a member for a while but its been a while since i posted or visited, i could do with some advice please if anyone could spare the time.


In a nut shell.... Lowell through BWL have issued me with a claim form for an old mobile phone bill, i have got to the stage where i have just returned a directions questionnaire to the court.


The POC on my claim form state that "telefnoica are claiming for a mobile agreement thats regulated by the CCA 1974... it goes on to say "the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been issued and not complied with"


I defended in full and on my defence i advised that i believe the debt to be statute barred, after checking with Telefonica they have confirmed that the last payment was November 2009 and there was no further contact/acknowldegement made after this, They registered the default date on my credit file as 1/6/2010. I also made the court aware that BWL claim that a mobile agreement is regulated under the CCA - which i believe it is not. So this is incorrect


CCA Request Sent, CPR31.14 sent - Nothing received back for CPR31.14 - further email sent to them chasing for information.


BWL replied to my SB letter advising that because the default date was 1/6/10 it wasn't statute barred but they haven't provided any further evidence to support this.


DQ received, I have sent off the DQ .


Lowell responded with a £1 refund advising that this account isn't regulated by the CCA 1974 - despite their claim specifying it is and on the POC they state that i failed to meet payments under the terms of that agreement ???


I now don't know what to do next, do i just wait for the court to request paperwork prior to arranging a hearing or before that happens should i be writing to BWL again reminding them that the debt is statute barred and that they haven't provided any real info to tell me why its not , based on this they should pull their claim?


Also their wording on the POC on the claim form is all wrong as its not a regulated agreement but they claim is that it is, and under that agreement (that doesn't exist) i failed failed to meet contractual payments.


I should also add that i never signed any form of agreement so there is not one in existence but i played the game by asking for BWL to provide the one they refer to.


If i should be writing to BWL can you advise what content i should have in my letter and what i should leave out, don't want to shoot myself in the foot here.


Thank you for any help and advise.

Edited by dicklett
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Interesting. I suspect BWL may just discontinue. The fact that it was defaulted on 1/6/10 is (in my opinion) neither here nor there as they cause of action would be the missed payments however a judge may interpret things differently.

To be statute Barred (also in my opinion) it is not when an actual default was applied but when they reasonably should have which really should have been within 3 months so IMO it is Statute Barred.


You state there was no signed agreement. Was this done online? If so then a tick can be a signature. Also, in some mobile contracts, the handset is based on the CCA 1974 and the air time a separate contract. I suspect your contract didn't make this difference so it wouldn't come under the CCA 1974.


I think you will now get some instruction from the courts for the claimant to supply the evidence and for you to defend. BWL are not that good when it comes to this.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Silverfox,

the phone initially was not taken out in my name,

it was taken on through a friend who could get additional phones through a family and friends perk at 02,



the name and address was then simply changed on the account so the invoice came to me,

the mobile phone contract with them went into dispute,

made the last payment in November 2009 - confirmed with o2,

and i did not continue to pay but then never heard anything more about it

until March this year. ..... after 6 years.



It wasn't like the modern mobile contracts where you are taking out a loan for the hand set

and then then contract for service, it was an all in one kind of thing,

i know 100% that i never signed a thing as like i said it was set up thru a staff member of O2.


In my defence i made the court aware that i have not received adequate info to be able to assess the claim,

that I've not acknowledged this debt in 6 years, nor made any payment in 6 years,

received nothing from them about this debt, that it is statute barred,



I've requested documents from BWL that they have not provided STILL, all the claim is denied.


I filled in the directions questionnaire i didn't ask for mediation as i have no paperwork from BWL

about anything just a court claim,



should i be writing to someone to remind them of all this

or do the court make contact again after they receive my Directions questionnaire ?


Thank you, flapping a bit and feel like i should be doing something more, writing more etc.



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" should i be writing to someone to remind them of all this or do the court make contact again after they receive my Directions questionnaire ? "


No...once the court has considered both parties DQs you will be sent a Notice of Allocation...this will contain the Directions that both parties must comply with and by what date..in preparation for a hearing.





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" should i be writing to someone to remind them of all this or do the court make contact again after they receive my Directions questionnaire ? "


No...once the court has considered both parties DQs you will be sent a Notice of Allocation...this will contain the Directions that both parties must comply with and by what date..in preparation for a hearing.






Thanks Andy, its this next stage i wasn't sure what to do.

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