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    • Thank you for input.    I had read a couple of pap templates and thought that you had to outline the details you have and what details I need from them to take it further.    I will redo it over the weekend 
    • 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.
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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

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its the std industry form

you just fill it out and send it back to shop direct

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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the issue here might be that even though they are saying he had PPI from 1994

sadly no-one was regulated at that time

so they might well fob you off on payments before 2005 and even the whole lot

 

I doubt that even the PPI insurance underwriters were regulated either as GISC and API I don't think go back that far either.

 

see what they offer you.

 

have you got ALL the statements etc?

or did you simply click their PPI link or sent a speculative letter to ask for PPI refund?

 

if you haven't got any info send them an sar its free.

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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Thanks for that. My husband does not have any paperwork for that time. He requested on-line to begin with... they then asked for proof of his current address... then this form to complete. The covering letter stated his account number..that it was a cover plus account.. and the start date. Regards

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sar time then

inc a CTAX bill copy as per the guide

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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OK, will check the SAR thing out. Dont you find it strange that they sent the form to fill in, when they clearly know the start date of the ppi? I would have thought that they would say immediately that the werent regulated at that time... hmmmm.. Regards

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lets see

probably just a data junior that searches for ppi but doesnt know how things end up.

 

dx

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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  • 1 month later...

Hi there. My husband has just received a check from Shop Direct... it just says "compensation".. no mention of PPI or how they got to that figure. Can anyone shed light on this? Many thanks

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Refund of int they wrongly charge because they did not send notices of sums in arrears or such like i expect

 

Dx

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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Threads merged ..please keep to one thread per issue.

 

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

 

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

 

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

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Was there no cover letter with this cheque or explanation ?

 

Give them a ring and ask

 

 

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

 

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

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No,nothing Andy.. Just a cheque with the words "compensation" written at the top. They have had their 8 weeks to respond re my husbands ppi. We expected an offer (or refusal), not a cheque. I always thought they send an offer 1st? Maybe i am wrong. Have you came across this before? Kind regards

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Is the amount comparable to what you was expecting ?

 

Are you happy with the amount or do you wish to challenge it further ?

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 thread please PM me a link to your thread

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Hi Andy..we were expecting a few grand + This is for £390. Im not sure if its something to do with the timeframe as it was way back 1992, pre-reg. Surely if it was for PPI, there would have been mention of it somewhere/covering letter. Ill get him to get them a ring but it would have been interesting to know if anyone else had come around this before. regards

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I would get the details first...it may have no connection to the PPI.

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 thread please PM me a link to your thread

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