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    • I started editing your proposed letter – but then as I went into it I realised that it was fundamentally flawed so I stopped. You will see some of the edits in the post above which I would suggest that you assimilate into a another version of the letter. However, I see that at the beginning of your letter you are alleging their breaches of contract – the problems of the vehicle and so forth and yet in the second part of the letter you go on to ask them to provide you with certain evidence. This effectively is saying that you are making these allegations but you don't have the evidence to support them and you want the finance company to provide you with that additional evidence. This effectively signals that you are not yet ready to make the allegations which in fact you have gone ahead with in the first part of your letter. Do you understand? So if you feel that you still need some evidence then I think you should write a separate letter for that – although don't expect it to be forthcoming but of course it may well be a useful paper trail. Maybe you can explain here what other evidence you believe you need because I thought that you had everything already. Finally, you have gone on to suggest alternative dispute resolution as a possible way forward. I don't think that a letter like this is a place for these kind of suggestions. I think your letter should be much more assertive – and I think that you will see that the style I have suggested in my amendments are a bit more to the point. If they want to go to mediation then they can either suggest it – or after you have issued the claim, they can indicate that they would be prepared to go to mediation. If you are prepared to bring the claim then I think that you should be unequivocal about it and you should leave it to them to ask for a way out. I don't think it's for you now to leave open doors.
    • I certainly tend to agree with you that the leasing agreement should at least require that the car is in satisfactory condition and remains that way for a reasonable period of time – based on the expectation of a reasonable consumer. Very much like the requirement of satisfactory quality for a sales contract. Of course we haven't seen the terms and conditions and it may be that there is something which excludes this. It would not be excludable in a sales contract but it may certainly be excludable in a rental agreement – although I doubt it. On the basis of what you say in that case, it's a question of accumulating all the possible evidence and then bringing an action for breach of contract. I think you should be careful about assembling your evidence – do it methodically and may be you can post up a link here to the terms and conditions – or specifically the terms which deal with this situation. In terms of being confident that the will be prepared to provide all of the telephone records – even if it incriminate them, I find it very comforting to find that there are people who still believe this kind of thing. Bless.
    • Shall I send the letter about the proposed warrant or just proceed to MCOL and execute it? Also how much should I sue for on the most recent disclosure breach? The first was £200 plus fees, as this is the second one this is not just an oversight but a continued breach so I feel it should be escalated to reflect the more egregious nature of their failure.
    • Thank you. Yes, I remember now the file extension because they had already supplied some information. They've now ignored your letter of claim so I think that you start the next action – as well as of course, putting the bailiffs in on the existing judgement. In terms of the SAR, I think I had in mind that you would send a second SAR solely for the handset – and I suggest that you do that straightaway. Although generally speaking we don't limit SARs, in this case I think it would be useful to send an SAR which relates simply to this mystery handset. So three things – get a warrant Sue on the most recent disclosure breach SAR specific to the mysterious handset
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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
      • 1 reply
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Victory for consumers as cap on energy tariffs to become law


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Victory for consumers as cap on energy tariffs to become law

 

New bill will protect millions more households from unfair price rises.

 

-- Energy price cap will be in place by the winter – protecting millions of households from unfair price rises

-- energy regulator Ofgem will cap energy tariffs of those on default deals

-- government flagship energy efficiency scheme will be 100% focused on helping improve energy efficiency of over 1 million low income and vulnerable households by 2022

 

Consumers are one step closer to cheaper energy bills as legislation to cap poor value energy tariffs completed its passage through Parliament yesterday (18 July 2018). Alongside this, the government has today announced its flagship energy efficiency scheme will help support more low income and vulnerable consumers.

 

READ MORE HERE: https://www.gov.uk/government/news/victory-for-consumers-as-cap-on-energy-tariffs-to-become-law

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However, an exception is made for "green energy" and prepayment meter contracts. The latter already being subject to a price cap.

No mention is made of standing charges, so I would envisage that suppliers will attempt to claw back some of the lost revenue via standing charges.

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