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By BankFodder · Posted
Of course there's no downside to declining the decision and that is what should happen. However, I've suggested that the letter declining the decision should be accompanied by some basic objections to the way the decision has been made. Although these objections won't have any effect, I don't see there is any downside to lodging them and at least they will go on file. It's clear that the application to Aviva had all the hallmarks of domestic abuse or/and also fraud. The ombudsman's decision basically says that Aviva had a "process" and that process was followed therefore the whole thing was fair. Nobody has asked any questions about the fairness of Aviva's "process" and in fact the "process" has never been disclosed to the OP – the victim of this – and it's not clear that it has even been disclosed to the FOS. Furthermore, Aviva make a big thing about having financial abuse training et cetera but there is no disclosure on their website what their training might be or whether they have an abuse policy in place. Furthermore there is no indication on the FOS decision that they have considered whether or not an abuse policy has been considered by Aviva – and we believe in fact that the FOS has never even asked the question. As usual, this is another example of a poor quality decision made by the FOS. The letter declining the decision must be sent by next Tuesday. This means that there is no hurry. Requests have been sent to Aviva and to the FOS for information. Frankly nobody seriously expects that the information will arrive in time – but you never know. I should point out that even if the FOS decision is not formally declined, a failure to respond is taken as a non-acceptance of the decision. The failure by Aviva and also the FOS to disclose on their websites any abuse policies is basically saying that they have a set of rules in place that they won't disclose what they are. Imagine sitting down to a game of cards were somebody. Your opponent says that they are playing by a set of rules but they're not going to tell you what they are. All you know is that every card you play is scooped up by the other side and when you ask why – you are told that there is a process/set of rules – but they are secret and you will never know what those rules are. Just keep on playing. -
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By Manxman in exile · Posted
"Under the rules of the Financial Ombudsman Service, I'm required to ask Mrs B to accept or reject my decision before 11 May 2021". I'd have thought it's a no-brainer isn't it? You need to inform the FOS you are rejecting the decision irrespective of whether you get a reply to any SAR. I don't see that any SAR response could possibly lead you to accept their decision. (Unless I'm missing something obvious, there is no downside in rejecting the FOS decision, is there? I presume there are no costs involved?) -
Hi You are more than welcome as we are here to help. What you have here are 2 seperate issues. 1. Rent Arrears/Termanation of the Property/Warrant for Possession With the Rent Arrears I would advise to enter a Payment Plan but you must be aware that they will ask for your income & expenditure to set this up and if you default on the Payment Plan even just one payment they will reserve the right to withdraw that Payment Plan and proceed with Court Action so you must be fully aware of that. I would also advise writing to them that you wish to Terminate the Tenancy of your Property (insert address) from reciept of this letter as per the Tenancy Agreement. (if you do it this way and they accept that rather than going to court for warrant of possession to end your tenancy of that property you will only have whatever the time limit is on ending tenancy in your original agreement rent added to the rent arrears rather than all those added court costs etc.) If you do it this way I hope they accept this and fingers crossed. 2. The way they obtained your present address via facebook and then turning up at your address without notification. In there letter they ask what outcome you are looking for now this is only my thoughts: 1. That they argee and accept a Payment Plan for those Rent Arrears. 2. That they agree to accept your letter to End the Tenancy of your Property as per the Tenancy Agreement Signed. 3. An apology for the way your staff pouported to be a buyer of an item I was selling on Facebook only to obtain my new address and then your staff appearing at my new address causing me distress and anxiety by the way the acted at my property. These are only my thoughts on the matter but you can change or amend anything to suit yourself -
did you inform lowells of your current and correct address during your earlier exchange before they issued the claimform? do you have the particulars of claim and know what date this account was opened? if the date was after you moved out you have a good case this was identity theft. there is no rush doing the N244 get your ducks in line 1st. dx
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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!
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BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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