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    • I have just been through my bank account for 2017, and a random payment to Vanquis does appear. It makes no sense to be there though, there are no payments for years before that one, and it does not show up on my credit file as a payment. Although the default appears on the credit file in January 2018 which ties in with the last payment. So this means it cannot be statute barred. So annoyed. I can only assume the stress I was under at that time made me feel like trying to clean up my debts.   I am re writing the defence, in (hopefully)  a better format.
    • Sorry about the delay been ill I was sent this link from them to check out   https://northstate.io/
    • Also, we have to be careful to separate issues which relate to their failure to respond to your SAR – and which is the substance of your most recent claim – from the other information that they have provided in the defence which has nothing to do with this statutory breach claim. We must be very careful to keep these completely separate. They obviously have not appreciated the distinction between the two issues and we can use this to our advantage   I now understand the point that you are making about signature. You are suggesting that if there had been an agreement originally it would have been signed with your old signature. You changed your signature – can you please give us the date – and also can you please explain what prompted you to change your signature and why you are so aware of the date. What you are saying now is that they have supplied an agreement which apparently is signed by you but which bears the signature which you were not using at the time. The inference is that the document has been deliberately forged. This is an extraordinary and very dangerous allegation. We have to be very careful  
    • Thank you. The two CCJs are not relevant to this. They don't form part of the pre-action protocol for this particular action. The rest of it is interesting and we will have to think about it. What is very interesting is that they've identified the store where the phone was sold. Can you please tell us where store was and also send them an SAR. I think this SAR can relate quite specifically to this particular account/phone. If this means that for the first time they have identified the store – this means that this information has been missing in respect of previous SARs. That itself is evidence of a breach of the data protection rules. I think that the fact that the Sim card has been used or not used is irrelevant. Not having been used is not evidence that you didn't order it. It is any evidence that you never used it. In terms of this signed credit agreement – is that something which you have seen previously as part of previous statutory disclosures? The final part of your post relating to change a signature – I don't fully understand the moment. Also, please could you attach your tabulated file so that we can actually see your responses to the point they are making in the defence. You haven't addressed the point that I made that their defence doesn't seem to respond at all to your claim. Is this correct?
    • I'm losing track of this. You tell me that you now have two of these at home? Also, how did you get the vouchers?
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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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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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I sent initial DPA request last week and received a prompt reply from Fiona Hutton, Network Support.

 

Briefly, they claim that the DPA 1998 only covers statement information from July 2005 onward - which they will charge me 10 pounds

Again, they say a charge of 5 pounds per statement is required from those statements pre July 2005.

They state thay have 40 days in which to provide me with the post July 2005 statements.

 

 

I used the template from the library - no mention of a request for statements, just charges..

 

 

What now??

 

Ta

Mo

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I'd reply asking again for what you're entitled to (6 years worth of statements) & threaten them with the info commissioner if they don't comply. They're just trying it on & this Fiona Hutton seems to be a law to herself. She doesn't work Thu's & Fri's so give them a ring today (0141 242 4100) & you'll probably get through to a lady called Aileen who's much more customer orientated that Ms Hutton, ask her what's going on & why they're refusing to comply.

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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Hi!

 

Have a quick look at my thread - I've just spoken to a different Fiona at the Clydesdale's Network Support centre and got an answer as to why this is happening.

 

Good luck - Keep us posted!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

How are you getting on with this?

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 1 month later...

Have you have any joy with your DPA request yet?

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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It's been a long time coming. Let us know how you get on.:)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Good stuff, keep us posted pal!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 12 years later...

This topic was closed on 08 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

because no one has posted on it for the last 5408 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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