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    • See what others think but I'm not sure now is the time for a 'strongly worded' letter.   Unclebulgaria knows a lot about insurance and he's suggested sending Aviva a DSAR to see what information they have on you. DSARs can be very revealing when the information arrives and Aviva could drop themselves in it, you never know. In any case, you'll be proceeding on the basis that you have facts from them.   A DSAR is free and they have 30 days to reply.   HB
    • Possibly the best way is to expect the unexpected, given the history.   Did the £4k hit your bank account?   HB
    • This is what I said to Aviva when I first started getting default notices why the refund wasn't challenged with the bank insurance was given and they had scope to believe this was a fraudulent transaction as I had told them prior to the refunds that it was but they happily reversed the money    They claimed the bank had more power and this couldn't be challenged I disagreed with this    I asked them if they could ask him to provide proof of alternative insurance cover for that period as I had proof myself that I had insurance cover in place .   I have no idea which cars we're insured any registration numbers i wouldn't even be able to confirm any of the car registrations they insured during that period other than the last car as my brother gave me the registration number    He has admitted to reversing the transactionsto extended family members and wouldn't pay the money back to aviva but was happy to give the 3k to a 3rd party ie family member in cash for me to pay it back so nothing came back on him he refused to email ring or converse with aviva to pay back    Now hes gone back on that too so I'm left to pay as per ombudsmans decision im left with the liability    I provided all crime numbers action fraud details cifas registration dvla letters other insurance letters to prove that hes continued to use my details without my permission also showed them I have no financial connection to him    Is there anyway anyone can draft me a letter in this group based on the info that you all know that could be strongly worded for me to have the premiums written off please im just so scared and clueless as to how I can tackle this and I'm scared Aviva will take me to court    I'm out of work I can't afford to pay this amount and they've clearly set up a policy by taking his word for it without speaking to me at any point through the duration of the policy for 3yrs  
    • I think that if you try to sue for the whole value of your vehicle – then £450 may well be money down the drain. I got carried away by my rant. I need to look them up in my book, so will do it this evening.
    • Netflix said the pandemic disrupted its production pipeline and has forecast fewer new subscribers. View the full article
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • 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
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Large claim over £5000, has anyone won outside the small claims court?


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:o has anyone out there taken on the LTSB for over £5000. outside the small claims track and won??

 

Surely I am not going to be the first!

 

I am loosing my bottle! I am going for over £11000, I am taking the papers to court tommorrow, having done all the other stages first, they have offered to put £750 into my (husbands!) account, whish I have replyed that I will still be going to court etc...and reading all these threads shows LTSB are awkward so and sos.

 

Sue (darling1 and darling 2)

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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Hi dont know if one has been heard in the small claims court yet, but my claim is for just under £9500.00 and for some reason SC&M submitted form N149 to the court against me. This is for small claims only but the court had sent me N150 I requested small claims track and submitted a letter drafted by one of the mods with it just waiting for the courts reply I'll be back in a minute with where the template is.

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Right the letter is in the bank templates libuary on the first page of the forum under Allocation Questionare by jonni2bad. If its any help I have had afull settlement offer from the bank but they had put conditions on it which seems the norm and I have rejected it because of this. Anyway keep up the fight you are in the right and I can tell you are not alone in feeling like loosing your bottle but I can tell you once you have a look around the sight all theese feelings should go all the best in your claim. When I hear from the court I post it on my thread.

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Have just been reading through your threads fletch101, very interesting, I am rather confused by all form numbers, wey back in my thread I was told that it would be ok to use the smallclaim form N1 for my larger claim, hope I am right about this, Also do I use the letter you mentioned earlier when I give in my N1 etc...? Do I just put that in my pack along with the rest of the papers and pay up the £250.00

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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