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    • Yes that sounds correct Commensurate use
    • I don’t have the details to hand, they’ll be on an old IDE hard disk from my old computer and I’ll need to buy an adapter to access those files.   But from memory, I think the case was around 2016 in an English county court. A lawyer was posting progress on a case he was working on, I can’t remember which forum, arguing that Erudios DAF forms breeched unfair contract law.   Erudio settled the matter out of court just before the case was heard when the lawyers client accepted an offer to backdate all his deferments and make changes to future DAF forms.   Very soon after all the posts relating to the case were removed from the forum, I suspect as part of the settlement deal with Erudio.   TBH I wasn’t sure at the time that I was going to be able to use this anyway, given that there was no ruling on the case to refer to.   I just wanted to make them aware that I knew they had granted deferment to somebody who hadn’t used their DAF.   I turned 50 in February 2018.   Strangely, I can’t find a copy of the default notice or their final response.   I say strangely because I have what I thought were all my Erudio letters in a file in date order.   I can only think therefore that they were sent by email and I did have a period were I had to switch email providers and email addresses because emails were being lost, and then when I switched the previous provider deleted everything.   I did manage to backup some of those emails before the previous provider deleted them, but again they would be on my old IDE hard disk, so I don’t have access to them right now.   Sorry I know this isn’t much help.   How essential are these letters?
    • Purchased an ipad from very . 4 weeks out of manufacturer warranty the item broke . APPLE would not replace ad it was out of warranty and said due to consumer rights may be able to get help from the retailer (VERY).   Very wanted a report from Apple before they would go any further . Due to COVID the apple shops have only just opened i have got a report which states there is an internal fault ipad is in excellent condition with no signs of external damage .   Very have said they will refund but less 20% because its been used . Is this right ? All I want is a replacement item I expect a £400 item to last longer than 12 and a half months.     Any help or info would be apreciated 
    • In fact even better, if you could get the property inspected by Social Services then I think that would be all you need. We can then see about taking any necessary action to recover your money – which would probably amount to bringing a legal action – as long as we can find them. Doing know whether they have offices or whether they are traceable? How did you pay? I think that you should get an independent inspection of the property to confirm its bad state of cleanliness. I suggested that if you could get another firm of cleaners in to give a statement then that would be a good idea and it would also be a good idea first of all to write to West Cheshire Facilities Management and put them on notice that you will be carrying out your own inspection and that if it incurs a fee that you will be looking to them for reimbursement of that fee as well as the cost of making good their substandard work.   I tried accessing their website but it doesn't seem to work at the moment. This is rather concerning
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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

lowell replied with documents from request of CCA


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They may take you to court ...but they will have to go through Pre Action Protocol first..which provides a further 60 days to come to an agreement before issuing a court claim.

I would bide my time and see if they make that next step first.

 

Get up to speed and read the following...what they could/should do next.

 

 

We could do with some help from you.

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docs now redacted properly and file size reduced.

 

no T&C's

and ripped off for useless warranty.

 

one point :

sept 2015 they sold it to lowells

now why?

you were upto date

no arrears.

strange. there must be a reason.

 

i'd send an sar to hitachi now and find that reason poss in the comms log

 

pers as andy says

id ignore them for now

 

a DCA is NOT A BAILIFF

and have no more legal powers than you or i

 

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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Just a thought, its not unknown for up to date accounts to be sold off in error, that SAR is important.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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no need for recorded just use std 1st class and get free proof of posting from any PO counter.

 

click sar

add your details and theirs 

print it off 

pop it in the envelope with a 1st class stamp on it

goto a PO counter

hand it over asking for free POP.

 

dx

 

  • Like 1

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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  • 4 weeks later...

im needing some advice on what to do next.. lowells are still hounding me for the debts..

 

the hitaachi one they did send the CCA documents..

which then you advised for me to call hitachi and ask for all info regarding my account which they wasnt helpful at all and saying to call lowells as the account is with them??

really didnt get anywhere with them..

 

the shop direct account they never sent any CCA i asked for..

but had this letter recently and now im just confused on what to do.

 

lowell still ongoing (1).pdf

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name still showing

 

we said SAR not ring hitachi.

 

its a begging letter ignore

 

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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  Chancalee if you could redact the letter and reupload so others can offer opinion and we have all the information contained in your topic.

 

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 Topic please PM me a link to your thread

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doc is now redacted

sorry for the delay.

 

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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I have written a SAR to Hitachi..  theybsent a letter back asking me to call to clarify some information.. this was done around 10 days ago and still no SAR.. the operator just kept saying the account is with lovell so I doubt I will get a SAR off Hitachi. 

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they cant refuse its a legal requirement

I will guess these were simply ID questions as you'd moved since take out and never informed hitachi?

 

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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Yes address was changed .. and the call was made it was like the operator had no idea why I was calling .. i said I've only called to clarify identity to the letter they sent when I requested the SAR.. but he just replied the case is with lovell and to call them ?? I was getting nowhere tbh. 

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did you not send them a CTAX copy too then with the sar as advised?

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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Share on other sites

go read the full SAR link and all it's post

you needed to include some form of evidence of who you are and where you are now as you'd moved.

 

a copy of your Council Tax bill would have done as advised there

sorry but if people don't bother to read things we put up...………….

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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Share on other sites
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