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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
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    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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        • Like

Wrong settlement quote given on PCP.


axil23

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Sent them the SAR request almost 26 days back and got a reply today with the following. 

Quote

Thank you for your e-mail requesting a Data Subject Access Request. 

Please note, the supplied authority does not match the information we hold.

The information that is missing is the following: Date of Birth 

If you wish to resubmit your request, please provide us with the appropriate authority.

Does this mean the SAR is void?

I read this as they are asking me to send them a new request now or would replying with my DOB not give them more time? 

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send over proof of DoB and then let it run.

We could do with some help from you.

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no!!!

is your DOB wrong on the agreement?
did you even give it too them on it?

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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When I filled in the finance application through Forza finance

the form did require all the directors details including DOB.

I have double checked and the DOB is correct on that application. 

The Santander paperwork did not require my DOB.  

 

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ah this is a B2B PCP

then as your are sending the SAR as a private individual and not as repping the co. you need to prove to them.

unfortunately, i think that will also reset the 30 days.

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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6 hours ago, axil23 said:

I just emailed them back my date of birth.

is all you needed to do.

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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  • 2 weeks later...

I was wondering if taking a bank to small courts court via BCOBS is still applicable?

I can't find any recent data points on it.

Most are 10+ years back. 

Santander are taking their own sweet time and I need to contemplate my options.

It's been 5-6 weeks now. 

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off to/update the FOS regardless.

remember to point out the FOS considered it a personal loan not B2B as you signed a PG.

did the SAR come?

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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Posted (edited)

No SAR yet but they have confirmed via email that they have everything and will supply it by this month end. 
 

When you say the FOS considered it a personal loan due to personal guarantee who is the FOS? Financial Ombudsman?  But then that doesn’t make sense as they haven’t been involved yet. 
 

Santander in their final response to my original complaint did not agree to it. They turned my complaint down and specified that the selling dealership had agreed to treat it as personal for settlement purposes. 
 

I guess they could not agree to it as then they would be guilty of miss selling but they gave me what I wanted by saying I would not get treated as a business customer in regards to finance charges. 
 

Awful bank to deal with. Will never touch them again. 

Edited by axil23
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On 03/04/2024 at 23:54, dx100uk said:

did you sign a personal guarantee associated with the car loan?

i bet you did!!

On 03/04/2024 at 23:56, axil23 said:

Indeed. You are too good. 👍

On 27/03/2024 at 15:04, axil23 said:

Now the FOS are saying that I need to set up a new case that I don't agree with the settlement figure advised. 

On 27/03/2024 at 19:52, axil23 said:

Since they won't accept my new complaint over the phone I can email and send them a recorded delivery letter to start a new one. Give them 8 weeks to get back to me with a final response. Should I point out that the FOS has asked me to do this? 

On 28/03/2024 at 10:52, axil23 said:

Drafting them a new complaint today.

 

  • 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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I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 

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As per my initial letter date their 8 weeks finishes on Tuesday.

With Monday being a bank holiday they won't be able to reply in time.

I need to do my prep work to submit the FCA case.

Is this pretty straight forward?

Could you direct me to a thread on here that has some guidance on how to submit a FCA claim? 

Thank you in advance. 

p.s

Are you sure I shouldn't do a Small claims case under BCOBS as they owe me close to 7k and FCA can take ages.

I have the emails that say they will treat this like a Consumer loan and not B2B so am quite confident. 

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FCA??

 

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

thought so.

exhaust the FOS, then eitherway you could goto court.

either to enforce the FOS if they side with you or to try a claim under BCOBS though the negative FOS decision might thus be used against you.

look on the FOS website it tells you what to do.

send them EVERYTHING. 

best way is via a cheap penstick for everything else bar you initial letter.

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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Share on other sites

Went through the SAR and the update on their internal system last week was that I am due a refund back of roughly what I had estimated. It ends with Managerial approval required and no further updates. 

Would you suggest I wait it out or start the Ombudsman as it's over 8 weeks and we have no idea if the manager will approve. 

Called to speak with the complaint handler as she hasn't responded to my last 2 emails. I was ever so polite and the Santander team talk to you as if you are a criminal and have done some sort of fraud against them. 

Extremely rude staff.

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if over 8 weeks I'd start the case with the FOS myself.

Especially as you've got the SAR saying you're due a refund and they're not approving it.

  • Like 1

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 OTHER

 

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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  • 2 weeks later...

Santander have sent their final response and have agreed that they were in the wrong.

They will be refunding me the amount I am due and £50 for the delay. 

Just the interest factor would be more than double the £50 that they are offering.

Thinking to just close this and move on.

Is this what you would do? 

Opened a FOS case on the 1st of June but haven't heard back yet. 

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yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was.

simply contact the FOS and let them know its resolved.

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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Share on other sites

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