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By lemon_martini2 · Posted
My credit file was clean before this-the only missing payments or problems are those with Virgin. I did address the question of the number of the mystery handset in the post above-it just gives out the message stated. I shall get in touch with Sunderland Crown Court about the first claim-the chap from Reading said if it was their area(South East) it would be able to be as you now have an address where it is proved they could be served, but he didn't know if it was the same in every area. Obviously, it is not just a change of address but also a change of area and so a change of court that will be dealing with it. -
They are making a big deal of the supreme court case Prudential, that compounded interest is not applicable. A mistaken payment is not a transfer of value and such only simple interest applies Judge thinking of striking out compound interest
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By BankFodder · Posted
Great, thanks for the update. I sort of wish that I hadn't suggested the ICO complaint now because clearly virgin are on notice and they seem to have expressed an intention to erase data. I didn't realise this was going to go on like that. So you've got some money in the bank – and the other thing is that it is evidence that they are aware of everything and is there is not even an attempt to challenge the judgement, I think that amounts to a bland acceptance of the responsibility – although I suppose they would say that they simply paid because it made economic sense. So I wonder what is happening to the first one? Are you able to enquire? So the clock is ticking away on the third one so we will move on to the next stage as soon as that time limit has expired. I think the fact that there are two judgements against them – and one of them has been satisfied now will assist your latest claim if it gets as far as a judge to show that virgin are serial breachers of their data protection obligations I asked earlier on if you had a telephone number for the mystery handset and whether you had tried calling it. Also, could you address the question I put about the state of your credit file. Also, have you got copies of everything – including credit file – in case everything gets cleaned up? -
By lemon_martini2 · Posted
We have a happy update- the second claim that was served at the Reading main office apparently has been paid in full today! On the other matters,I rang the number and there is just a message saying 'It has not been possible to connect you to this number.If you have dialled correctly,this number is not registered to a network'. And it was indeed your good self who recommended I make a complaint through the ICO's website way back in October in post 3-they have until March 11 to respond to that. -
I would issue a Notice of Correction to the relevant CRAs with proof (taken from the actual Default Notice attach a copy if you have one.) or previous data kept from the CRAs that the default had passed its 6th anniversary...the credit reference agencies will then take it up with them. Andy
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Our picks
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
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-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
waz70 posted a topic in NatWest Bank,
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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waz70, -
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