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    • have you written evidence it was hacked?    
    • well you see the thing is that document could have come from anywhere here on CAG their filing cabinet then all they do it type your details in....no they wouldn't do that would they....   its supposed to come from the original creditor, and a correct return typically does have a tick box with your typed name by it and the IP address used and the time of it etc etc.   sadly cabot are masters and have alot of filing cabinets..... lots of claimform threads here on cat debts   is the address the correct one for time of sign up?   dx    
    • OK got access to the SLC portal and there is absolutely nothing there for the 1996 loan that Shoosmiths are dealing with, only a subsequent loan I took out in 2002.   What does that mean, if anything?
    • My son is in his 30's and he is very gullible.   The letter from his bank states " that they have contacted the retailer's bank and they believe the transaction to be yours. If you do not recognise this payment contact the retailer as they will be able to provide you with a more detailed information. Should you be able to provide further evidence to support that the transaction was neither made nor authorised by you, please contact us."   The bank also provided the delivery address and the name of the retailer.   How do you provide further evidence to support a transaction that was not authorised by you when the account was hacked through scammers?
    • So they have to basically provide full proof that I checked a box in agreement to validate that CCA? And at the minute it's basically just a piece of paper with my name and (old} address on it?   Is it worth putting in another IA a little nearer the time demanding this again? Stating that? Giving them enough time to legally comply, but not too much time?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

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In February I may have inadverdantly used some data in an airport resulting in a bill for around £260.

I disputed this bill on the grounds that a safety buffer should have been on my account.

 

TM claim I removed the safety buffer when I upgraded however I dispute this.

In an email confirmation I received when I upgraded, there is no mention of the safety buffer at all.

 

Having reached deadlock, I escalated the matter to the Ombudsman.

During the course of my complaint, TM terminated my contract as the oustanding balance remained unpaid.

I had offered to pay any bills other than that which was disputed

however TM ignored this and the total they now claim I owe is in the region of £1600.

 

The Ombudsman have ruled in favour of TM.

They say that they cannot prove one way or another whether I removed the safety buffer while upgrading however they think it is more likely that I did.

They have offered no rationale for this.

 

I have stated that TM's actions in terminating the contract and billing me for the outstanding value while a bill is under dispute goes against the spirt of offering a resolution service and in fact undermines it. The Ombudsman accept this but have no powers to do anything about it.

 

TM claim their records show I removed the safety buffer.

An online order confirmation appears to show this however this was never sent to me and the email confirmation does not mention it at all.

There is a data cap which applies to roaming outside the EU.

Even without the safety buffer, I do not believe I have ever opted out of this.

 

Finally, TM's mobile states the following:

 

"If you’re not on a Capped contract or have removed your safety buffer

We’ll still protect you with a high-usage limit!to stop you running up unexpectedly high bills.

This limit varies per tariff but could be !up to! 4 times the cost of your monthly tariff.

If you reach this high-usage limit you won’t be able to use your phone until you make a payment.

 

Also, there’s a limit on how much you can spend on data abroad – to help you avoid a scary bill when you get home.

 

You can spend up to £40 on data, but! after that we’ll bar your device, so you don’t rack up any more charges.

If this happens, you can call us on 4455 from your Tesco Mobile phone, or call our automated payment line free on 4488 and once you’ve made a payment you can use your phone again within 2 hours. If you’re on a tariff with a safety buffer!then you can protect what you spend by choosing a safety buffer that’s right for you.

 

If you’re happy to spend more than £40 on data when you’re away, call us on 4455 before you go."

 

TM did not apply any bar on my phone after the £40 limit. I think it is clear from the above that, even if TM's contention that I had removed the safety buffer is correct, the bill should still not have exceded £40. The Ombudsman did not consider this final piece of information as it was not available to me at the time.

 

I am looking for advice on how to proceed.

My main concern here is removing adverse information from my credit file as soon as possible and obviously I have no intention of paying monies that I do not owe.

 

From what I can gather I may need to take the matter to court but this would also cost me money I would rather not spend.

Edited by dx100uk
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Actual ombudsman or adjudicator? Because no matter what they say, there will be documentation somewhere that supports their claim. If they dont have it, then really the case would have been found in your favour.

 

Have you sent TM a SAR to get ALL info they hold on you so you can go through it with a fine comb?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It was Ombudsman: Communications. The Ombudsman report states: "TM say its records indicate that this option was selected at the point of sale; I have no reason to dispute this."

 

They have provided an order summary which says 'no safety buffer'. This differs from what was emailed to me.

 

I have not sent an SAR.

Edited by Moz1972
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sar time!!

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 also send a formal letter that puts the debt into dispute, so they should stop collection attempts while they try and sort it out. But going by your info so far, theyll likely just ignore it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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