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    • I received a response this morning, he has put in it about finding tenants who owe money, but I had already been in contact with them and had just responded to an email that morning to set up a payment arrangement. let me know what you think about their outcome:   Thank you for taking the time to give us your feedback on the service you have received.   I would like to share with you my findings and the decision I have made in regards to your complaint, which is currently at stage one of our process.  You let me know you were unhappy that a member of Ongo staff had obtained your address by deception, posing as a private buyer and that she then used that information to attend your home without notice.   You have also requested information in relation to our policies and procedures and requested a subject access request.  From the information, you have provided I have now carried out a full investigation of your complaint.  These are my findings: • We have provided you with the Customer Policies in regards to our services that you have requested  • A Subject Access Request has been submitted to our Data Protection Officer and he will comply within the statutory timeframes and will send you the details separately to this complaint. You may have already received this letter.  • I have investigated the issue around the staff member obtaining your address through deceptive means and my findings are that this action did take place as you stated and the staff member did get your address from interacting with you over Facebook, posing as a private buyer of a piece of furniture. • The two staff members did arrive at your home after obtaining the address and you did then engage in conversation at your home to make arrangements to repay your former tenancy arrears, which I am of the understanding a positive arrangement was made.  On this basis, I am upholding your complaint and would like to take the opportunity to say how sorry I am that the service you have received fell short of what is expected of us. It is important to us that we locate former tenants that leave owing money andwho may not offer a forwarding address.  We also use information available on public forums and tracing agencies to do this to then make contact with the customer in order to recover any monies owed. Our intention is always to recover the debt and support the customer in repaying this as tenancy debt can cause further issues and distress for customers in the future.   The methods used in this case not the correct procedure to obtain an address and we have addressed this matter internally with the individual concerned.    To help to put things right, firstly the staff member would also like to extend her apologies to you for any upset caused.  I believe this will have caused you some distress and concern and on that basis and in line with our Compensation Policy I would like to offer you a financial sum of £100 due to us not following the orrectprocedures.   As you have arrears on your former tenancy account,I will ensure that this sum is deducted from the amount you owe.    Secondly, I have reviewed the guidance and the training provided to the Income Collection team along with the Income Collection Manager and Customer Services Manager. I am assured this was an isolated case however to make sure this won’t happen again in the future we will be delivering a  further briefing and refresher to ensure that all staff are aware of the appropriate ways to use social media and ensure we are clear on our correct practices when recovering rent arrears. Lastly, this now concludes Stage 1 of our internal complaints process and I will now close the complaint, however should you feel there is anything further you want to add in the meantime please make contact with me so we can discuss this. Your feedback has been fully considered and investigated in line with our Complaints Policy.   Should you remain dissatisfied with this decision, then you should reply within 14 days explaining why you remain dissatisfied and what you are seeking as an outcome. Your complaint will then be reviewed by a relevant Senior Manager or Head of Service at Stage 2 of ONGO Homes internal complaints process. I have also attached a leaflet that gives advice on the role of the Housing Ombudsman.    Once again, thank you for your feedback. All feedback is an opportunity for us to improve our future services.
    • Thanks for that. Backdoor removed and left as default judgment. Is it good to go now or is there anything I should add or remove? n244 edited.pdf
    • Hi All,  I am posting this topic on the 6th day of the 3-5 day procedure.    I ordered a server for my home to store all my photos, videos ect.   On Friday 7th I ordered a NAS  server with two 4tb Hard Drives, one refurbished, and one brand new.  I put both drives in the NAS and the server came up with a warning saying the brand new drive was failing and should be replaced immediately.  I checked online to see if there was a simple solution, put the faulty drive in both server bays to eliminate a faulty socket on the server and established the drive must have been damaged/dropped prior to me receiving it.    So I called laptops direct on Sat 8th and they said because it was a weekend they were unable to help because the return has to be authorised by the tech team, so on Monday I raised a ticket and on Tuesday 9th they asked for a photo/video of the problem, I duly obliged with an image of the server screen saying clearly the drive was failing, and sent a message saying I had eliminated the possibility of the fault being with the server.   Every time they send a message it takes 24hrs to get a reply.   Later the same day a lady emailed back, she then thanked me and said she was glad I had solved the problem and closed the return.  I then had to call back and open a new support ticket and was again asked for a photo/video and I am still awaiting an email authorising its return, despite this I took it to the warehouse Wednesday and insisted they take the drive back and test it themselves.   Should they be doing this, I thought if an item was faulty upon arrival they had a duty to refund or replace, instead they are making me wait 3-5 days for the tech team to test the drive.  I did a simple quick test which took 3 minutes and established the drive was faulty.  The online literature states if the drive states it has bad sectors more than 2% as the server stated it had even if it can be restored to a working state you should not trust the drive and it should be returned. 
    • Hardly harassment if you hope that they send you another one on Friday !
    • Yes Andy, that was it  6.23.1.  That's twice I have been ambushed by CPR rules. It would be worth studying them to see if I can ever use to my advantage, or at least be familiar with them in any case. I still reckon a letterheaded paper with an address on it (different to the summons address of the defendant), does not constitute proper notification that service of further documents should now go to that address. Especially as the body of the letter simply said "Please find enclosed copy of defense" and gave no instruction that the new address was now the service address. Any how, the judge accepted my argument more.....................but it could have tripped me up. Instead, by wasting 40 minutes on it, the defense didn't spend enough time arguing the claim itself. In fact, I could have argued their defense far better than they did and would have done so on a no win no fee basis. My fee would have been for more than the value of the claim but far less than the one they had to pay their guy.  
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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.
       
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      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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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Have lodged a claim against Lloyds TSB on behalf of my sister, we have received a defence from their Solicitors Sechiari Clark and Mitchell which gives all the usual stuff about their charges being fair and not penalties etc. but part of their defence states:

"The Particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things)they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £843.64 is arrived at and the Particulars of Claim are too vague.

The Claimant should therefore be ordered to file and serve an amended claim to set out the basis in law and fact for her claim as there is no real pleaded basis for the claim itself. The Claimant should give full Particulars of the Bank Account and the charges she is seeking to recover, identifying each charge, the date and amount of the charge and why the Claimant in each case she alleges it is a disproportionate penalty and thus unlawful.

The Defendant should then be given the opportunity to defend the proceeding further."

Can anyone advise us what to do now, we have the Allocation Questionaire to fill in too but want to know what to do about the above statement. We supplied a list of charges to the bank by hand and got this stamped received and we also emailed a list of charges to the bank and got a reply confirming receipt. We sent a copy to the court also. When we filed our online court claim all the details were entered as per the guidelines set out on this site but we may have omitted the account no. Any advice please urgent!!!!

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Ignore it

 

In your AQ you can refute their contentions re: lack of particulars

 

 

SECTION G OTHER INFORMATION

The defendant in its defence contends that this claim is not suitably particularised and the statement of claim shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

 

And also you can request Standard Disclosure:

 

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

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Just more bully boy tactics, I filed a couple of months ago and forgot to include my account number or send them a schedule of charges an they never even blinked an eye. Seems thy're constantly looking for new ways to delay the inevitable - that is to give us our money. God they annoy me

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Thanks so much to everyone who has replied to my post, I am feeling more confident now again, was in a bit of a panic thinking I had messed up. Also can anyone advise re the allocation questionaire part D. Witnesses. I am assisting my sister with this claim as it is her claim against Lloyds, will she be able to call me as witness as I think I will be able to help her. Does anyone know if you can call another family member as witness please?

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Remember too that the information very kindly supplied by Michael above, along with the info on asking for standard disclosure, may not fit in the space provided on the AQ. You can attach a separate sheet of paper if necessary - just make sure it is clearly marked with your details.

 

Best of luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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hi

i had the same response from lloyds yesterday, spent all night worrying id messed up, have been through a few threads on here this a.m and it seems these are just more bullying tactics!! i certainly wont be shelling out another £30 to amend my claim!

thanks guys

karen

cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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