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    • Yes agree UB it will be unworkable in practice, the issue being that some EA will regard the Virtual CGA as allowing them to physically force entry later if payment not forthcoming.  Or like some bailiffs used to try to imply that phone call a desperate debtor makes at Compliance stage is in effect a Virtual CGA when itn is nothing of the sort. Rule 1 it is known some  bailiffs Lie. Rule 2 Treat all bailiffs as liars until they prove they are not.
    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
    • Thanks for the heads up, Peterbard  this will potentially open a big can of worms similar to the assumption all goods seized bailiffs used to try to rely on the comments in the Law Gazetter  are quite revealing, as in thety cosdider the judgment very iffy, the comment about the bailiff asking the debtor to move the webcam so they can get the image of the TV and Playstation illustrating the potential silliness, notwithstanding the way some EA's will rely on that Virtual CGA to allow them to force entry as if they had physically entered premises for a Convential physical compliant entry,  That is a dangerous judgment.
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Telephoned these today requesting list of all charges since 2002 (when I got the card). They had me on hold for about 10-15mins then came back and said that they cannot seperate the charges out and would have to send me copy statements at £1 each. Agreed, as they will charge this to my CC account where I can claim it back with my next letter/court costs.

 

Just to be on safe side, sent DPA letter as back up by registered post outlining what had been agreed on the phone.

 

Will keep you posted, though the operator did not appear to know about the 40 day rule at first.

 

Sunseeker.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Telephoned these today requesting list of all charges since 2002 (when I got the card). They had me on hold for about 10-15mins then came back and said that they cannot seperate the charges out and would have to send me copy statements at £1 each. Agreed, as they will charge this to my CC account where I can claim it back with my next letter/court costs.

 

Just to be on safe side, sent DPA letter as back up by registered post outlining what had been agreed on the phone.

 

Will keep you posted, though the operator did not appear to know about the 40 day rule at first.

 

Sunseeker.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Sorry Dave...I was getting carried away!

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Sorry Dave...I was getting carried away!

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Woooah - I doubt that you'd be able to get the £1 per statement back - that's not punitive, just a charge for a service.

 

It seems excessive to me.

 

The statement is the entire collection, They want £1.00 per sheet - actual cost a few pence.

s.15 Suppy of Goods and Services Act 1982 - in the Library

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Woooah - I doubt that you'd be able to get the £1 per statement back - that's not punitive, just a charge for a service.

 

It seems excessive to me.

 

The statement is the entire collection, They want £1.00 per sheet - actual cost a few pence.

s.15 Suppy of Goods and Services Act 1982 - in the Library

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Quite efficiently Russe11.

 

received statements today and have calcualted £600 in charges.

 

Telephoned to make my monthly payment then requested who I needed to speak to to reverse the charges. Was dealt with by the same operator who refused to refund.

 

First letter now sent with what i require and my timelines. Also stated that the timelines given showed that I was willing to resolve this matter amicably and without the need for litigation if they are willing to meet my reasonable timelines (apply the refund to my CC Account within 28 days).

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Quite efficiently Russe11.

 

received statements today and have calcualted £600 in charges.

 

Telephoned to make my monthly payment then requested who I needed to speak to to reverse the charges. Was dealt with by the same operator who refused to refund.

 

First letter now sent with what i require and my timelines. Also stated that the timelines given showed that I was willing to resolve this matter amicably and without the need for litigation if they are willing to meet my reasonable timelines (apply the refund to my CC Account within 28 days).

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 2 weeks later...

Just to keep everyone up to date...

 

Received response from Citi basically stating, among other things:

 

'Our T&Cs stipulate that the minimum payment must be received by the due date shown on your monthly statement. If such payments are not received within this time, charges will be applied to your account'

 

'Please be advised that it is your responsibility to maintain the account within the terms and conditions and charges are applied when you fail to do so.'

 

What they fail to get is that we are not disputing the levying of charges, it's just that the charges need to be an accurate reflection of their costs and not punitive in nature. :x

 

Have penned the following to send out on Monday. Will not be telephoning as they have only given me the usual 0870 number.

 

"Thank you for your response to my letter of 25 February 2006, requesting the refunding of charges made against my credit card account. I am somewhat disappointed in the response of a £25 refund of a late payment fee, and would like to give you a further opportunity to consider your position on the £575 of charges which remain levied.

 

I consider the charges debited to my account to be punitive in nature, are not a genuine pre-estimate of cost incurred, exceed any alleged actual loss to you and are not intended to represent, or related to, any alleged actual loss. As such, I consider these charges to be unlawful.

 

At present, I cannot comprehend how a standard computer generated letter, or no communication at all, can cost your company £25 each time my payment is late or I exceed my limit. Furthermore, you are charging an interest rate of 26.4% p.a. on these excessive charges.

 

To help in my understanding, perhaps you would be kind enough to supply me with a detailed breakdown of the costs which are incurred by yourselves when my payments are late or my account goes over limit.

 

I will give you 14 days to reply to me accepting unconditionally my request for the refund of all charges remaining on my account in principle and letting me know a date by which I will receive credit to my Citi Card Account.

 

If you do not respond, or you do not respond positively, within this time period I will commence action against yourselves through the Small Claims procedure of the County Court system."

 

Sunseeker

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 1 month later...

Received a letter today stating that they cannot help me and believe their charges are 'fair, transparent and lawful'

 

Also received a default notice in the same post requesting £94.54 in outstanding arrears before 20th April. Questioned this as £575 of the balance of approx £700 is charges and said I could make payment on 25th April.

 

They refused this point blank and stated they will sell the account on to a third party to collect the sums due. Said I would be statring legal action against them and got a very arrogant 'OK!'

 

How should I proceed with the county court action I will now take on 25th April. Will the defendant be Citi Cards or the unknown third party, am a bit confused!

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 5 weeks later...

Well...after starting my court action and with 2 days before going for a default judgement, I got letter from Citi solicitor saying that as my claim is roughly the same as my outstanding balance 'it would be far easier to simply write off the existing balance on your account and bring matters to a conclusion that way'.

 

So will give them a ring on Monday, accept the £693.71 and close that one off.

 

2 down, 5 to go.

 

sinseeker

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Please note that this topic has not had any new posts for the last 683 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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