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    • Dear All,   So Sorry we have been extremely busy with my work and family emergencies as my outlaws, who are in their mid and late eighties are very ill and they needed medical attention at hospitals.    Andy - Case plan is simply a sheet issued by the court to confirm who will be attending for the both parties and at what time the people will each arrive -  apparently, attendies from either side may no arrive together at the court due to Covid.   BN - The Court has not confirmed the discontinuance. A Judge at the Court has to agree to the Discontinuance but that has not yet taken place. We have 28 days to submit a stay to this notice.    FTMDave – I have always followed CAG advice since the first day I spotted the site and joined. CAG has helped me on numerous occasions. My wife did not want to drop the Counter Claim so it was essential I support her and try and talk her out of it gently.   The PCN should never have been issued in the first place because my wife’s parking area is on a private piece of land. A company leased that area of land (Call it Area A) from the main owner. The buildings in Area A is sub-let out to various tenants with Parking facilities; of which, the company my wife worked for is one such tenant.    To reach Area A, my wife has to drive through the main car park (Area B) of the main owner. It is only Area B which Claimants are authorised to police. Area A is NOT under their jurisdiction so they cannot police there. This is still the case to this day and more specifically, this is something which they are fully aware. There is an agreement between the lessors of Area A and the main owner of Area B. This owner would instruct the Claimant not to police Area A.   After the Claimant issued the PCN to my wife, the solicitors of the Lessors of Area A, issued a cease and desist order to them and notified the solicitors of the owner of Area B.. So all they had to do was to cancel the PCN. We have a copy of this letter and so we can substantiate it.   BN + FTMDave – So, there you have it. This is the explanation you wanted. They were told to stop the case and drop it.    But instead, the Claimant pursued the PCN relentlessly even after my wife pleaded with them (before the case) to stop the matter and cancel the PCN and explained the situation with copies of the cease and desist  letter.    We are following CAG’s advice and to do that we need to notify the Court  where: a.       We will apply to the court to have the Notice of Discontinuance set aside. b.       We will also apply to the court to add an additional case against the Claimants for obtaining data on my wife falsely. c.       We will also apply to the Court to add an additional Defendant to our counter claim – that being the bosses of the Claimant – the owner of Area B   After submission of these applications, along the lines suggested by CAG, we will negotiate a settlement with the Claimants   Any further advice from CAG on (b) and (c) above will be very helpful and very welcome.   Thank you BF    
    • scan up the agreement to PDF  read upload carefully please   easy peasy if you have that   dx  
    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      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
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Hi ,

I told my mother to put in a query on the Barclay website for Barclaycard PPI right on the deadline last August.

Apart from 2 or 3 letters saying we will eventually get to to your claim we`ve heard nothing until today

 

a letter arrived asking for all sorts of info.

This is from over 20 years ago and they are wanting loads of details concerning savings , wages employments etc... she will certainly struggle with all these requests.  

 

Any advice 

should we try and put what we can in and send it back.

 

She certainly hasn't got records of savings etc... from then or exact working hours ,but she was working full time .

 

Ive attached letter hopefully with personal details blacked out.

 

I have done ppi in the past but always used the Ombudsman questionnaire .

thanks

 

 

barclaycard ppi-1-converted.pdf

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thank you merged

 

have you par chance a copy of the original letter that was sent?

 

 

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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so where are they getting all this info from she was a student working part time from?

or is that letter a generic guess and bears no relation to her circumstances at the time?

 

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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The student part must be just part of their standard response. My mother was working full time  at the time , had sick cover , life insurance some savings and an isa.  Do i just fill in the ombudsman ppi form and put any details in there and send it to them as soon as possible.

I notice how theyve gave 10 days from the date of the letter , which only just came.

Edited by Tired and Weary
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yes.

 

 

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...

Hi Again, i did this and they dont agree the PPI was missold , but have included a check for over £1000 for ppi commision.

 

They say the PPI was sold over the phone and the PPI was explained in full ,

but in a SAR request that was done on the main account there is a scan of a paper application with the PPI ticked ,

it is also dated the end of 1995 and they say the PPI was taken out in 1998.

(a 3 year gap to apply for PPI seems highly unlikely)

 

My mother says she would have picked  up the application in the supermarket she worked in and it would be very unlike her to apply for a credit card over the phone .

 

This is getting highly confusing .

She had this card and one linked card mentioned in their correspondence.

My mother has already put the cheque in her bank , as she only just handed me the letter

she didnt realise that they had declined the actual PPI claim..

 

Will this stop us going to the Ombudsman to dispute the actual PPI payment part?????

 

Any advice thanks?

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that is called a plevin reclaim,,,of the commission they charged her for selling her the PPI.

your was the actual PPI premiums and the resultant int charged on each payment etc etc

 

you cant reclaim both 

 

 

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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hidden PPI commission or PPI Premiums reclaim.

one or  the other 

you can't reclaim both.

 

however, for the PPI premiums paid during the life of the card..

do you have all the statements from day 1?

if not you need to have sent them an SAR before you kicked off the reclaim., and done a spreadsheet and fire that off with the FOS Questionnaire.

 

if you've  ot got the data (and they must to have made and state the history, even if wrong,   that they have done so far.

 

there no good putting in a speculative reclaim letter without data cause all you'll get back is a speculative reply cause they know you haven't a clue what you are doing or ever expect back.

 

so have you all the statements?

 

 

 

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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