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    • One further clarification, My daughter was married at a simple service with 10 people, on 4 October 2020, he name has since changed and do we include the old Surname or new Surname with her name in brackets for Service and will I need to get any letter from her too, as I will get this too if its needed to add her?   Thank you I will be online again after 13pm tomorrow
    • Hello everyone! I have just stumbled upon this website and read through some of the topics. Unfortunately the thing that I was incredibly scared of happened: Hermes lost my package. I would like to ask you guys to help me. I have never been in this situation and I am really not sure what to do. So I wanted to return a laptop I bought on Amazon (worth £2000) using Hermes. As Amazon couldn't create a drop off label for the item they advised me to send the item back myself, after which they would issue the refund to me. (Also there was no option for them to print a hermes return label, which is weird). I dropped the item off at one of Hermes' drop off locations (ParcelShop) on the 2nd of October around 13:00. I have waited more than three weeks now and the tracking still hasn't been updated. It is stuck at "We've collected your parcel from the drop off point and it's on its way" - 3rd Oct 13:02. I have contacted Hermes regarding this issue and I got the following reply:  Thanks for getting in touch with us about parcel number ###. We're so are sorry that despite an extensive investigation, we haven't been able locate your parcel. We appreciate that this is not the outcome you were hoping for, however, we do offer cover to assist in this situation and we will happily support you through the process of making a claim. During our claims process, if your parcel is located, we will endeavour to deliver this to your recipient as quickly as possible. Our aim is always to complete all claims within 14 working days of receipt. https://support.myhermes.co.uk/app/ask Should you wish to submit your claim, please complete the following online form: https://support.myhermes.co...... Please note if you choose to refund your customer before this claim is finalised then you must do so at your own risk. If the parcel is located it will be delivered to the intended recipient and the claim will be closed Now I have submitted a claim but the maximum value that I can claim for was 999 (half of the original value) and also I didn't buy any insurance (because it tops out at 300 only...) so I am sure I am not eligible for a compensation (plus laptops are on the non-compensation list). So I am thinking about suing them for negligence and I would very much appreciate if someone could help me with this. Do you think I have a right for a full refund? After all they lost something that was mine. I feel like there must be a way to make them liable for this. Another question: amazon doesn't really want to help me, they tell me that it is Hermes's fault and they can't help me with the refund unless they get the laptop. I was told that if THEY issued the Hermes return label, they would have been able to refund me. But in this case I organized the return so they can't help me. But I am not sure if they realize that it was THEIR customer services assistant who told me to send the laptop by a choice of my courier (there were only two shipping methods for the return: me organising the whole shipping part myself or hermes home-pickup. First I opted for the latter but after waiting 5 days for them to collect it I contacted amazon where they told me they would cancel the refund process and I should send it by myself). Please help me guys, I am torn, I feel like my hands are completely tied here. Thanks for any help!  
    • If thats your driver, you must be bloody furious at the utter cobblers (referred) spun in the leave campaign then.  
    • This was my first (and last!) experience using Hermes to deliver a parcel. I learnt the hard way...    I posted a valuable item (my precious & perfect guitar) with Hermes that was delivered damaged. I paid for insurance and after an absolute nightmare getting in touch with them, then waiting 28 days, they said it is not covered.   However the recipient stated there is signs of rough handling to the package, therefore Hermes are still at fault. When I responded with this to them they replied:   ..."I assure you that any damage is not a lack of care from our couriers; they take great care of all our parcels in transit. Any damage done to parcels within our delivery process will have occurred whilst being sorted by the automated, heavy machinery within one of our large depots."   Surely this does not absolve them of liability?!   I sold my guitar on ebay for £265 and have had to refund this plus the £20 postage I paid in good faith that my guitar would reach the buyer intact.   I now am out of pocket and with my once pristine guitar damaged.   I am heartbroken about it, plus the stress it's caused, was only even selling due to being a new mum and not currently working, I could cry (well I have several times). Anyway was just looking for any advice re: attempting to take further cheers.
    • Pleased we can at least agree on that.  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Idem Claimform - HSBC Credit card from 2005


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Try again: thanks for bearing with me

 

I have copied the text in post 21 and added in the line missed:

 

Does this now look ready to submit?

 

 

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

 

2. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim, and have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request.

 

In response the claimant has disclosed they do not have an agreement between HSBC and Myself

 

And in response to my section 78 request for the HSBC agreement - was not supplied

 

3. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

4. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit

 

5.Paragraph 5 is noted but I refer you to my point 2 that i am unaware of the alleged debt they are referring to

 

6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show and evidence the nature of any breach and Default Notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

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No the above has parts missing use the one in post #21 which I have already edited...there is no need for you to do anything to it except submit it on MCOL

We could do with some help from you.

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55 minutes ago, Welly26 said:

Hello DX100 uk, 

 

Apologies, I thought I needed to edit the above to suit my case.. My bad. 

 

there is not a 16 digit number in the claim, its exactly has written. 

 

oh well typical PRA claim they don't even know what type of debt it is !!

 

ruddy fleecers.

our post numbers are diff to yours

 

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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3 hours ago, Welly26 said:

Hello, what do think of this? i have taken most of it on the above mentioned posts, i need to submit today really because I don't think I will gain access to a computer tomorrow 

 

1) An agreement between HSBC and Defendant/s (D) subject to standard terms and conditions

2) Claimant (C) purchased the debt 13/10/2016

3) it was a term of the agreement that is any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable less (on Payment) any rebate that D maybe entitled

4) D Failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay sums due, which consequently became immediately due and payable, Formal demand issued dated 10/08/2020

5) D has failed to pay outstanding balance of £4277.61

 

************************* FINAL Defence *********************************************

 

 

 

1.  The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim,  or even referring to an account number. I have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request.

 

In response the claimant has confirmed they do not have an agreement between HSBC and Myself

 

And in response to my section 78 request for the HSBC agreement - was not supplied and therefore remain in default and prevented from enforcing the alleged agreement.

 

4. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

5. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit

 

6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of any breach and Default Notice;

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

this one^^

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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Thank you, I never noticed you had edited to such an extent.. I really appreciate your help. 

 

I am assuming I don't wish to make a counter claim? 

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What could you possibly counter claim for ?

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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I never expected to see an option of a counterclaim so pressed no and that looks correct. 

 

Thank you for all your help so far. 

 

what now, do I just wait for the court to contact me? 

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use our enhanced google search box

type in claimform lowell card

 

and get reading as many threads as you can

 

the more you read

the stronger we become.

that will also give you advice on what is next

what is to come as the claim progresses

and how to respond.

 

but you are most welcome and advised to check here 1st.

 

 

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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Hello i have just logged on to the MCOL online portal to check if any updates and its says DQ sent to you on 28/09/2020 will this be sent by post and will there be anything I need to do? 

 

Will this be sent in the post? i cant see anything online. 

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you should be reading up like threads

 

DQ is the N180 hundreds of threads here ' best to use the search i pointed you too before

 

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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Or use ours and complete on screen...looks far more professional......print 3 copies.

 

 

Your hard copy from the court will contain the date it must submitted by.

 

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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