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    • Hello All   I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set   Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.     Case:   I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.   The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.   Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos    The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc.    The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.   I replied with a 35 paragraph defense drafted by the ' appealing parking company' .   This was emailed to the court email address CCBCAQ@Justice.gov.uk   The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees).      Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.   Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing   I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.   In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.   By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .       Before going into the actual substance of the defense, I have some questions about this forms   1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.   Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents.      2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.   Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.   Thankyou              
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    • i can't see one.. nearly all the irresponsible lending advice/guides i've seen and the letter they sent back would have told you what to do going forward, i'e the FOS... so i can't see how you can say you didn't know what to do.
    • ASG are a terrible company regardless, but no i don't think you have any recourse toward them no unless yo can prove fault with the boiler  which is now 10yrs ols and well outside any guarantee i expect, even with the manufacturer?   has the boiler been regularly serviced etc etc, looks like your contacted ASG after it started leaking and they advised a power flush for a leak? then  an eng said that was what has caused it?   can you clarify your story please  
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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
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    • 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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Hitachi Finance Penalty Charges


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Hello all,

 

Unfortunately I was made aware there wasn't enough money in my account to cover a DD to Hitachi. I put money in the account on the same day but it must have been too late as the payment was returned later that day. The next day I have rang up to make payment only to be told there is a £22 charge which is automatically added. Do I have any grounds to claim this back. The credit payment is £25 a month is seems unjustified that the charge is nearly as much.

 

I asked them to clarify what the charge was for but the kept referring me to the contract I signed.

 

This happened 3 or 4 months ago, same scenario, same charge but I think I even rang and paid on the same day but still got charged.

 

Can I claim that these charges are unfair and try to reclaim them?

 

Thanks

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the fca deems any fixed charge for missing/late payments etc a penalty and unlawful.

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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Also, any charge over £12 is considered to be unfair.

 

You should write to them and tell them that the charges unfair because it doesn't represent their administrative losses caused by the failure of your payment.

 

Tell them that your letter as a formal complaint and that unless it is resolved within the eight week period, that you want a final response and you will go to the ombudsman.

 

Alternatively you could sue them in the County Court. You would have to issue the court papers but they would put their hands up and pay you back your money and your fees. It would be a lot more fun than going to the FOS

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basically the same thing DR44.

 

what terms are in any T&C's are not necessarily legally binding

if that wee so they'd have been no bank charges reclaiming

no PPI reclaiming

 

and CAG wouldn't have ever existed in the 1st place....

 

deja vu here...said that twice this week..:)

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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This is the response I received. Is there anything I can go back with. Basically they are saying because I agreed to the contract I agreed the charges were reasonable.

 

Dear Mr XXXXXX

 

Reference: XXXXXXX

 

Ref: XXXXX

 

Thank you for discussing your complaint with us and giving us an opportunity to look into the issue for you. We are sorry that you remain dissatisfied with the outcome and trust the explanation below explains the reasons for our response.

 

Your Complaint

 

• You said you were dissatisfied with the amount of the direct debit rejection fee and said that you feel £22 is very high in relation to your instalment amount and therefore wanted this justifying

 

Our Position

 

I am really sorry for the inconvenience and distress that you have felt as we always want all of our customers to have a positive experience with us.

 

Having reviewed your account, I can see that your direct debit rejected on our system on 16 June 2018, 26 June 2018 and 14 November 2018. Based on this your account fell into arrears and caused charges to be allocated to your account.

 

I understand that you contacted our offices and expressed dissatisfaction in regards to the fees that had been applied.

 

In regards to the details of your complaint, I would refer you to a copy of your finance agreement under the section “Additional Charges” whereby it details the following information “Charges will be payable under this agreement in the following events:

• Recalled Direct Debit Charge; £22

• Returned or Recalled cheques or credit/debit card repayments; £25

• Letters sent to you as a result of a breach of your credit agreement; £25

• Issue of a Default Notice; £50”

 

If you were unhappy with the terms and conditions you were provided full rescission rights; whereby you had 14 days in which to exercise your right to withdraw from the finance. No contact was received from you and the finance was activated as agreed.

 

Although I appreciate that you are unhappy with the terms the general legal position is that someone who accepts a contract is bound by what it says whether or not the contract has either been read or understood before it was executed.

 

Once again, I would just like to thank you for taking the time to share your feedback and remind you of how sorry I am.

 

Outcome

 

Taking into consideration all of the above, I will not be able to uphold your complaint and will now close the file. I apologise if this is not the outcome you wanted, however I hope you will find my explanation to be fair and reasonable.

 

Thank you for taking the time to bring this matter to our attention. At Hitachi Personal Finance we strive to provide the best customer service possible, and rely on customer feedback to achieve this. I trust if you have any issues in the future you will not hesitate to contact the Complaints Team on 0113 380 1065 or by email, complaintsteam@hitachipersonalfinance.co.uk

 

This is our final response in respect of your complaint. If you remain dissatisfied with the outcome in this matter, you have the right to refer your complaint to the Financial Ombudsman Service, free of charge - but you must do so within six months of the date of this letter.

 

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.

 

Please click on the link below to access The Financial Ombudsman Consumer Leaflet. Should you wish to have a paper copy, please contact us and we will arrange for this to be sent to you directly.

 

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

The link below will provide you with information on how to refer your complaint to the Financial Ombudsman Service. Please copy and paste the link into your web browser.

 

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

Yours sincerely

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as they do ofcourse

 

from my notes:

 

 

in reply to their letter:

 

with regard to your letter of the 30th.

 

i thank you for the gesture of goodwill

in relation toward the refund of your unlawful penalty charges

 

however, i beg to differ upon your points raised

concerning your interpretation of the OFT statement.

 

It is perfectly evident that it applies to ALL types of

consumer credit agreements, else why are

all the major credit cards companies & indeed

other catalogue companies, including yourselves

settling complaints of this nature?

 

it is also worthy to note, that the statement was a recommendation

of £12, not permission to charge such a penalty.

 

When & if you truthfully disclose your actual costs

then perhaps consumers might have a better faith in the industry.

 

i now move to the matter of the interest you have charged me

on these penalty charges.

 

in line with the std FOS calculation, you have failed

to place me back in the position i would

have been, had you not levied such charges,

 

You have omitted to include the interest you have charged me

on each day for each charge.

 

Having already prepared the documents required should

i take the option to take you to court, i have included

a repeat copy of my schedule of charges.

 

from the total detailed i have removed your refunded sum.

 

i will give you 14 days before i decide my next move.

 

However, either way, be this court or the FOS, this will increase

your costs by adding a further 8% statutory interest to my claim.

 

Having consulted information provided by the FOS

i am also advised to inform you of their fees levied

upon the company under investigation - £450

 

i sincerely hope we can resolve my claim

without further involvement.

 

however, please be advised i will not hestitate

in escalating this complaint should it not

be resolved to my satisfaction.

 

yours

disgrutled customer

 

dx

 

 

 

 

Dear

 

Re: Your Reference

 

Thank you for your letter dated 30 November 2010. I would like to take this opportunity to make you aware of the fact that if I do issue Court Proceedings this will incur a further interest charge of 8% simple interest, on each charge including your interest - from the date it was levied - to the date of your claim

 

I also note that your letter effectively seeks to justify these charges on the grounds that it complies with OFT guidance. In that guidance, the OFT says:

 

“As a practical measure, to help encourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12.

 

We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold and a court will certainly not consider that a default fee is fair just because it is below the threshold.

 

The threshold is not intended to be a permanent feature of our intervention in this market. We will consider further action if trends in the market suggest that this threshold approach is insufficient to bring about appropriate and early change in the market.

 

It is also important to note that the threshold for action is a statement of our regulatory intent. We have no power to constrain private civil actions or to determine what a court should decide and other enforcers may apply for injunctions under the UTCCRs”.

 

I require repayment in full of this money and removal of the default notice.

 

I look forward to hearing from you within fourteen days from the date of this letter.

 

Yours sincerely

 

 

adapt them.....

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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  • 3 weeks later...

So I sent this on 15/11 without the "XX's", I have received no reply. I was a bit preoccupied (family member died). Whats my next step? Letter before action?

 

Dear Sir/Madam

 

Following media reports, and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand, that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations, in that they did not/do not, represent a genuine pre-estimate of your actual costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and in consideration of fair business practices and good faith.

 

It is my contention, that you have failed to operate my account in a manner conducive to the above, and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken £XXX which you have charged me in total. Additionally, you have entered an arrears notice against my credit record.

 

In recent years, Courts have been happy to accept claims for charges whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation act 1980.

Should county court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated 14 days from the date of this letter.

 

 

I request that payment is made directly to me, by cheque, and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively, and in the absence of this, I will put you on notice with a further 14 days, letter before action.

I trust this clarifies my position.

 

 

 

The unfair penalty notices were charged on;

 

July - £XXXX

 

November - £XXX

 

 

Yours Faithfully

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yes when did you sign this..must have been pre 2006?

else their T&C's are wrong and you'll win this hands down

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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no but they have!!

their charges are clearly wrong as is their T&C's.

they should have been updated with what BF relates to in post 3.

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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yes but you MUST follow thru with it

 

read the shelley thread and the martin2006 charges threads

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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