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    • Goodness, I have just noticed that I have already spoken about this very issue previously at My apologies for the double post.  Glancing over the original thread, I blame myself for not moving things forward at a proper pace, instead of letting the other half do it.  Bless her, she does not do so well in these situations.
    • Please let us know if the cheque turns up, or not.
    • Not really a change of sols Overdales and Lowells Solicitors are one and the same.   With regards to D1 its standard practice at the moment due to Covid whether you request a hearing or not....yes Notice of Allocation next N157 which will provide the courts Directions and dates.   Andy
    • Hello.   We bought an oven on 21st August 2020 from an Appliances Direct.   We noticed two things about this oven - it didn't seem to get as hot as it's predecessor and the electric grill cuts off.  We first complained via email on 30th Nov 2020 and then again on 5th Nov.  They apologised on the 10th Dec and said to phone the manufacturer as they will attempt to repair and if not possible will offer a replacement.   After much phoning around we did manage to get someone sent by the manufacturer to see it, some time in the new year (but I can't recall at the moment when), and they replaced the thermostat saying if that's not it there's not much else they can do.  The issue with the grill was dismissed with the advice to turn it down so it doesn't cut out.  Is an electric grill in an oven expected to only run at max for five minutes before shutting down to protect itself?  I ask genuinely because I've not heard of that before but it doesn't mean it's not true.  I've never had an electric grill before so have no prior experience with them.   The oven does get hotter but still won't get up to 240 degrees.  When setting the grill to 80% it'll still cut out but it'll soon click back on again and the element is still fairly red.  If you set it to 100% it'll cut out after a few minutes and then the element will slowly fade back to black for a while before it comes back on.   She contacted them again on 15th April to say she's fed up and wants to either upsell to another oven or get a refund because it's still faulty.  They said they can't help unless they get something from the manufacturer to say it's faulty and can't be repaired.   I realise we've left this late and it's been allowed to drag on past the six months but things happen and other things seem to have taken priority.  How best to proceed 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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Teebum vs Carboot


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Read through the treads - see Lou Lou Bell, Abby, Willybobs & others - you'll win but prepare to go all the way. Also check the Abbey forum as it's exactly the same solicitors, process etc

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Thank you, am in contention with Abbey as we speak, bundles handed in. Just really wanted to know if it is exactly the same with credit cards.

Lets get it back

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  • 1 month later...

Can someone tell me if I can claim back the following type of charges:

 

Billed finance charges

Overlimit charges

Charge for late payment

Lets get it back

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  • 2 weeks later...

Got this reply by Email, do I now send LBA?

 

Dear Mr. *******

I refer to your letter dated 29th January 2007 regarding your cahoot Current account. I have taken ownership of your particular case in order to provide a response to the issues you have raised.

We do not accept that cahoot charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations was not price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

It is well known that banks make charges and cahoot charges are in line with those of other banks. The terms and conditions of the account and the charges that apply are clear and fair and were provided to you at the time you opened it. You freely agreed to the terms and conditions and the charges when you opened the account. You were not under any obligation to do so and could have gone to another bank if you did not agree to the charges. Equally, you are free to move your account to another bank at any time if you do not agree with the charges.

In any event, we do not agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

I am therefore unable to refund the charges you've incurred fully appreciating the disappointment this may cause.

If you need anything further please do not hesitate to contact me.

Please be assured I have carried out a full investigation for you and I hope you feel I have offered a fair response to all of the issues you've raised. I will keep your file open for the next 8 weeks and if I don't hear from you within that time, I will assume that everything is resolved and will close your file. If you remain dissatisfied though you can find details of how to take your complaint further within Abbey at http://www.cahoot.com/legal/legal.html#importantInfo under the heading 'Complaints policy'. The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.

Lets get it back

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Difficult..... as Cahoot is Abbey this might put their nose out of joint. And also, each claim is mutually exclusive, so the fact that you have won on one claim doesn't have anything to do wth the other ....YET....however, I would then reconsider if it got to court. If a judge sees that they have paid you before, then he may well decide that they it would be inconsistent if they didn't pay you again.

 

On the other hand, if Abbey sees they have already paid you, they might decide that a court would probvably rule in your favour on the premise that if they can agree to one, why should they turn down another?

 

So really, I have been no help at all:) someone cleverer than me will come along soon and help you out!

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My thought originally was that if people put there previous victories in the letter the bank may just settle quicker. Court setting president etc.

Lets get it back

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Think it depends on the claims - if they are substantively the same type of claim, then possibly a paragraph in LBA on the lines of

"as you will see, this claim embodies the same principles as my previous claim with you(RefXXX), which I recovered in full. I therefore see no arguable reason as to why this current claim should not be treated in the same manner"

 

or something like that!

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  • 2 weeks later...

Sent the LBA with the line mentioning that I had already won against Abbey.

 

As you will see, this claim embodies the same principles as my previous claim with Abbey (Murphy/ICK), Court Case No 6MK03624 , dealt with by Inga Kirkman which I recovered in full. I therefore see no arguable reason as to why this current claim should not be treated in the same manner

Lets get it back

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  • 1 month later...

Heard nothing from Cahoot, to be honest had some major life probs to sort out and forgot about it. Am resending the LBA today and getting back on track.

Lets get it back

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