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    • Just looking at the date of the offence 12 December.  Possible was delayed in the post at that time as it was taking me up to 2 weeks to get a first class letter, then the New Year Shut down so to get it early January while the Xmas backlog was cleared seems about right to be honest.  Not that I am telling the police that. 
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    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
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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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      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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MBNA. PPI..plevin complaint.***Success***


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gI have also recently received a letter from MBNA regarding the same thing.g

 

In this letter they say,.. " You could now receive some money back if we took a high level of commission on your PPI policy but did not tell you this when you bought it.

 

A high level of commission typically means it was over half what you paid for the policy. Generally we do not tell PPI customers about our commission at the point of sale, as we were not required to ".

 

Interestingly the reply address they give begins with........MBNA Plevin Proactive.

Unlike Welcome they include a form to be completed.

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Hi everyone.

Sometime ago I asked MBNA to check if I had PPI with them, their reply was no.

 

Recently I received a letter from them inviting me to make a new inquiry/complaint regarding this.

They said that I could now receive some money back if they took a high level of commission on my policy, they went on to say that in general they did not tell PPI customers about their commission at the point of sale as they were not required to.

 

I should add that the reason that they sent me this letter was because I had previously inquired about PPI, I would suppose that had I not made a previous inquiry they would not have contacted me. If you suspect that you may have had PPI with them it would be best to ask CAG if they can help.

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Sorry, could you just clarify your statement "If you suspect that you may have had PPI with them it would be best to ask CAG if they can help. "

 

Does this mean that somebody has recommended you to contact us?

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its regard the new plevin ruling.

 

no harm in asking but its not YOUR PPI you reclaim but their secret commission they got IF there was PPI

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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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 4 weeks later...

Sorry I can't find the original thread for this..Mbna wrote to me saying that although I had asked about PPI in the past and they told me that It wasn't mis-sold I could now ask them to look again under the Plevin ruling.

I filled in the enquiry/claim form they had enclosed and returned it.

 

Today I got a letter, part of which reads

"A high level of commission and profit share typically means that it was over 50% of the total PPI premium you paid. Generally we didn't tell customers about this as we weren't required to "

 

.Decision..we're upholding the undisclosed high commission complaint (Plevin ) and to calculate your redress we've.

1. refunded any commission and profit share above 50% of the PPI you've paid.

 

2. refunded the historic interest paid on 1 ( above ).

 

3.added annual simple interest at 8%, where you should not have been charged interest.

 

Amount of applicable commission and profit share...……..£81.59

 

Total amount of fees refunded...……………………………………..£0.00

 

Amount of historic interest...……………………………………………£47.29

 

Applicable 8% gross interest...………………………………………..£39.02

 

Less UK withholding tax...……………………………………………..-£7.80.

 

I don't know what reaction I should have to this, Is this response correct ??.

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Threads merged.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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there is very little chance of ever finding out if a plevin reclaim is correct

I doubt they would dare get it wrong.

 

do you know how much PPI you paid have you the statements?

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'm not displeased with the outcome, they say they will make payment within 28 days, when it's cleared in the bank I'll transfer it to the DMA that's handling the outstanding debt. I feel as if I've accomplished something and tied up one loose end.

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no don't blindly pay it to a CMC!!

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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Don't you think that MBNA will contact the company that is currently handling the debt informing them that they've just paid out on a Plevin to one of their debtors. The amount owed is a little over £900, wouldn't that company demand that I put it towards reducing the debt ?.

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they will cancel the contract

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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Nco?

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

nco are a powerless DCA

a dca are NOT bailiffs

 

you do realise they are probably taking a cut of your payments.

 

if MBNA have written to you with a refund

how are they saying they are going to pay you it back?

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 would suspect you wont see it then it will reduce your balance

but i'm sure they have to notify you of where and how it is being paid.

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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Then I guess the best thing is to do nothing and wait to see what happens, do you think that the people who are working on the Plevin claims will check the account history and realize that the debt exists and has been placed with a DCA.

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I doubt NCO have been assigned the account...and MBNA still own it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Then MBNA will either off set it against any existing debt or pay it directly to you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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OK thanks, I'll just have to see if it pops up in my bank acct, but yes you're right MBNA will let me know if they're going to deduct it from the debt. Either way it's a good result....the debt gets reduced or the PPI refund comes to me. I'll post the result as soon as I know which way it's gone.

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