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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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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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      • 33 replies

Aviva nightmare trying to encash Friends Life legacy with profits bond


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I have an ex Friends Life with profits investment bond now under the ownership of Aviva.

This was transferred to me by my mother.

Over the past three years I have made a number of successful partial withdrawals on the policy without issue.

 

This all changed when in early September of this year, I submitted another partial encashment for £3000.

After not receiving the money within 10 days I contacted Aviva and was told that due to a technical issue sufficient units could not be cancelled to action a payout. Therefore, the process was delayed. To exacerbate, the issue, I had a building project which was underway and tradesman and materials need to be covered.

 

Towards the end of September I decided to encash and cancel the whole policy.

I was reliably assured that this would not be hindered by ‘the technical issue as it was a full encashment. I submitted a claim for a full encashment for £28000.

 

Once again, after 10 days I still had not received my funds I contacted Aviva.

This time it was claimed that I needed to submit certified copies of my passport and bank statement despite Aviva having paid out in the past from the policy to my bank account, Aviva suddenly needed to check my documents.

 

I had these stamped by the bank on Friday 12th October and sent them off.

On Friday 19th October, I was assured that all was fine and that the payment was on the way.

 

Having not heard further I again phoned on Wednesday 24th October only to be told that actually the payment was delayed again as they needed on the verification documents, the contact details of the person at the bank who stamped the documents. I would therefore have to resubmit new verification documents again.

 

Even at that stage I felt that the handling of the matter was unacceptable especially with different customer agents giving confusing and contradictory assurances and information. However, I resubmitted new verification documents this time stamped with contact details of the person verifying them.

 

On Wednesday 31st October, I was informed that the documents had now been verified and payment would now be authorised the next day and sent out.

 

On Tuesday 6th November I phoned Aviva again to check on the progress of this payment.

I was told that the payment had just been authorised but it would be with me in “3-5 working days”

 

By Tuesday 13th November I still had not received any money I contact Aviva, yet again.

I was informed that the payment was definitely on the way and I should contact my bank to see if it was coming through.

 

On Friday 16th November, Aviva finally admitted that there may be a problem and that my money could be missing. My bank told me not to worry and that they could trace it if given a payment reference number.

 

Despite requesting this on both Friday and today, the Aviva/Friends Life call centre have been extremely reluctant to furnish me with this simple information which would help Barclays easily trace the money.

 

Today it is Monday 19th November and a payment that I was due to originally receive on September 15th is still delayed with no one seemingly knowing where it is.

 

Any suggestions would be most appreciated as I have lost all faith in the ex-Friends life branch of Aviva and am starting to suspect there has been a misappropriation of funds.

 

Two weeks ago, I was offered and given £100 compensation for the stress and inconvenience caused by the initial delays but I think any objective person would agree that in the circumstances, £100 is extremely paltry compensation.

 

In short, you have to remember that the original request was submitted in early September. We are now in late November and I still have not received any of the money from the policy (apart from the £100 compensation!)

Also, I needed that money to pay bills and tradesmen as soon as possible.

 

The two-month payment delay has led to me having to resort instead to credit cards to pay for my £50000 renovation project as the builders became fed up with my excuses as to why their labour and materials had still not been paid for. The cost of this interest has been astronomical.

 

This has been so stressful, but I believe I can’t take this to the financial ombudsman until Aviva close the matter (?) so any suggestions would be very much welcome.

Edited by dx100uk
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Have you recorded the calls with Aviva and have you made an official complaint to them? Normally if your complaint hasn't been resolved after 8 weeks you can go to the ombudsman.

 

HB

 

Thanks. Yes, I made one complaint but I am guessing they marked it as resolved when they paid me the £100 compensation after they thought the policy encashment money had been sent out earlier this month. I have put in another complaint since the encashment money went missing though.

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Call them again and record the call.

When they tell you that payment has been made, be extremely blunt and tell them that you know that's a lie.

Get the manager to come on the phone, get his/her name and make them repeat that payment has been made.

Then tell them you'll hold them personally responsible for the lies if (when) payment doesn't come along.

I would attack them via county court rather than fos and claim all interests on your credit card back.

This can and should be done even if they give you the money today.

After all, you should have got your money when you resubmitted certified copies of your documents and they said payment had been authorised.

Do not forget to record the call, it will be gold dust in any further action.

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Call them again and record the call.

When they tell you that payment has been made, be extremely blunt and tell them that you know that's a lie.

Get the manager to come on the phone, get his/her name and make them repeat that payment has been made.

Then tell them you'll hold them personally responsible for the lies if (when) payment doesn't come along.

I would attack them via county court rather than fos and claim all interests on your credit card back.

This can and should be done even if they give you the money today.

After all, you should have got your money when you resubmitted certified copies of your documents and they said payment had been authorised.

Do not forget to record the call, it will be gold dust in any further action.

 

 

Thanks. The latest is that I was promised that a named person would call me back on Tuesday afternoon. I never received the call. So I called around 4:30 and was told that unfortunately she had to go home early.

However, she would definitely be in on Wednesday and that she would call me with an update. Her manager had even been cced in.

Wednesday came and went without a call. So, I called this morning. Apparently she was on another call but would call me back within the hour.

This time I did get a call back. Not from the rep as she had to go home as she was unwell again but a specialist who said he had taken personal charge of the case to get it resolved adn he will be back in touch with me by the end of the day.

 

I also mentioned to him that in the meantime I had had a reply from Sir Adrian Montague's office who said that he had asked for the relevant department to look into this as a matter of urgency! ( I emailed both him and Andy Briggs late on Monday) Hopefully, this will get the wheels moving. I will take your advice though and record the phone call. I am fearing though that it will be another holding message i.e. "thsi will take 10=15 days to resolve etc, etc."

 

I will update though!

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