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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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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      • 33 replies

Old mis sold car PPI First National Motors PLC -all are running away!!


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I just need some advice and help in what to do to trace this miss sold PPI in 2001.

 

I bought a car from Northampton Car Shop end of 2001.

I have some record of paperwork with an agreement number.

 

I was paying First National Motors PLC a direct debit

– their letterhead states First National Motor PLC is an Abbey National Group Company.

 

Abbey National Group Company rebranded itself as ABBEY and then it was taken over by Santander UK plc.

 

I bought the car for £6000 and ended up paying just over £8500 with added PPI.

 

Every month I paid a direct debit via my bank to First National motors PLC via the third party agreement (The Car Shop).

 

The Payments with PPI added was so high and I was struggling to make monthly payment I ended up getting a further loan from my Halifax bank to pay the car off.

 

I paid the total amount off in 2004 with interest and PPI.

 

What I have done so far:

1. I contacted the car shop complaints department and they said they are not responsible even though they sold the car and they have no records that way back and i needed to contact First National Motors PLC who I made payments to which was then First National Motors PLC.

 

2. I could not contact first national motors as they were taken over by Santander in 2004.

 

3. I then wrote to Santander and they wrote back to me stating they are not responsible and I should contact who ever sold the PPI (Third Party car shop) and this was their final response.

 

4. I then wrote to the FSA who was as much help as a chocolate tea pot and spent nearly two years trying to find out details with nothing.

 

I do not know what investigations they made as they wrote back they could not find who is responsible.

 

I am still confused who is the person I need to be contacting to get my money back.

 

It seems to me everyone is fobbing me off so that I would disappear.

 

Who do I send a SAR or CCA to please ?

OR do re-open the case with FSA all again .

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I think most of these were sold to bluestone.

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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I hope you mean the FOS not the FSA

they're nowt to do with PPI.

 

i'll see what I can findout later for you.

 

but if satans bank are saying its third party car shop?

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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Sorry yes its fos and I just found out that first national motors exist under a different address .

 

I need to send them a letter now .

 

Is there a template letter I can send .

 

Also I have contacted the FOS and they said they must be in compliance as they are regulated by the ombudsman service .

 

FIRST NATIONAL MOTOR PLC is a Public Limited Company registered in United Kingdom with the Company Registration Number (CRN): 02248924.

 

FIRST NATIONAL MOTOR PLC registered office address is 86 Station Road, Redhill, Surrey RH1 1PQ, UK. The company current status is Active.

 

What letter should I send please

 

Just wondering since I have not got much info on the Loan apart from address and agreement number do I send the SAR to them first to provide me with all information .

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yes sar time.

 

 

dx

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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Thanks I was wondering would be best writing them first of swhat info I got as I got policy number and their letter or like you said is it SAR time to get all accounts ??

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well you need to know they are not fleecing you if they do cough up for a start...

 

 

blindly accepting what a creditor says is your due refund without all the statements or a reasonable clue about what and when you paid is a wee bit silly

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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Share on other sites

then how can they refund you if they have no records?

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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Share on other sites

yes ofcourse

read the full sar click link and all its posts

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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Share on other sites

thank you . Do I send the policy number or any info I have about the creditor with the SAR e.g their Policy number on letterhead , details of product and any letters of the creditor I may have or do I send the SAR with no details of why I'm requesting info.

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an sar is about you not any one account you want all the info they hold for you own financial records

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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Share on other sites
  • 1 month later...

Just an update .

 

 

I sent the SAR to the motor company and then i received a letter from Santander.

 

 

Obviously Santander have taken over first national motors plc.

They acknowledged the letter .

 

 

After about weeks later i received a letter from Santander saying that the Data protection act prohibits firms from retaining personal data from longer than it is necessary.

 

 

They go on to say

" The Companies act requires firms to hold records for six years from date of account closures. Accodingly we operate a policy whereby data is destroyed or deleted six years after our customer accounts are closed.

 

 

We are unable to retreive any records of your agreement and we believe the account was closed more than six years ago.

 

 

Further they state that as a consequence the records have been cleared in accordance with our policy and therfore have no record with which to investigate the claim .

 

They go on to further say about the limitation act and its time barred.

 

 

If not satisfied with the response they have said i write to the finance and leasing association.

they state that i can approach the ombudsman but they will not do anything or waiving the time limit asits time barred ".

 

They have sent me 13 pages of abbrevation pages of terms with it .

I do not understand why i need this when i asked for all information they hold .

 

I am disspointed that they have not sent me all the information they hold and do not know where i go from here . Any advise please will be greatly appreciated.

Edited by dx100uk
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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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Share on other sites

Shall i send them this ,

 

 

i have provided you with all the necessary legal paperwork and evidence

demonstrating that i did have dealing ith you.

so please process my claim.

 

it is clear from the FOS information and their website 'case studies'

that there is no rquirement for me to be on your records system at all

as this is outside of your 6yrs requirement to hold my data.

 

if i do not hear favourably from you within 14days

i will escalate my claim through the FOS or court

as i deem fit without further comminication.

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I was more thinking of:

London General Holdings Limited

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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Share on other sites

Why don't you ring them and ask

 

I've been reading around

And most of these car loan PPI claims fail as none of the companies involve were regulated at that time

 

If it was first national tricity they were

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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