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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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    • 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
    • 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
      • 33 replies

You can claim your cashback, even if you didn't stick to the rules!!!!


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Well - if you go down the route of obtaining a Judgement, you need to cover the usual bases, keep copies of everything you send, and be able to supply copies of any 'missing' documents. Also have an independent person review the actual contents of the letter as sent, so there is no issue over whether the items were included or not. Finally, all claims need to be submitted by Recorded Delivery which confirms delivery. For all you know, those who HAVE been paid have taken these basic steps and ensured payment!

 

Hmmm. Well, did one of these things - sent the item by recorded delivery !!!!

 

Didnt have the contents check (obviously!) or copy ALL the documents I sent (did copy the bills)...

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In that case they cannot deny delivery, so why not write back saying you have copies of all the information sent, so whatever they feel is missing now or in the future, you'll be happy to send on an additional copy. Also add, 'For the avoidance of doubt, I will am fully asserting my rights under your cashback agreement and will not be responsible for errors on your part."

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Give up?

 

The firms that offer these schemes never had any intention of paying out - when they could reasonably disallow making a payment due to non-compliance, they very quickly realised they were in such a strong position and made more money by wrongfully invalidating claims, most folk ended up letting them get away with it.

 

I'd like to go on and say if you hold out for your 'rights' you will be rewarded, but the bottom line is as they had never any intention of paying out, it is not an error you are trying to rectify, but an attempt to change their policy and enforce a payment that they will do everything in their power to resist, even if it means them going bust, as many have done.

Yet again, Busby blunders on to ignore the blindingly obvious in his ongoing tacit support for the phone companies. READ: http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/109344-defeat-county-ct-cashback.html?highlight=lethem

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Yet again, Busby blunders on to ignore the blindingly obvious in his ongoing tacit support for the phone companies. READ: http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/109344-defeat-county-ct-cashback.html?highlight=lethem

 

Unfortunately for our 'analyst' friend he's only quoted the first part of the thread. Anyone reading on will note that this was a one-off decision by a DISTRICT judge and does nothing to help those who were blinded by marketing promises to get out of the arrangement. Since the bulk of the folk who have not been successful in getting their cashback claims met, taking a fly-by-night to court is just the right way to waste even more money.

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  • 4 months later...

Onestopphoneshop has rejected 2 of my claims on the basis :

1st claim - didn't send the original bill, though the wellcome pack says photo copy is acceptable but terms and cond (received via email ) asks for the original

2nd claim - Onestopphoneshop is saying that i've send the bill early, should've waited for the bill which comes after 180 days.

 

Could anyone please advise me whether I have any chance of getting this back, if I take a legal action. And should I be making application for small claim at county court for the total cashback amount as they are saying that future claims are invalid.

 

Many thanks

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Hi,

 

I have succesfully claimed against OneStopPhoneShop and got all my money back with interest and court small claim court fees.

 

DO NOT LISTEN TO BUZBE, he clearly seems to have a campaign to discourage people from getting their money back. He clearly seems to work on their behalf.

 

There are risks with getting your money back and it is a process that is annoying but you can do it.

 

They will make every attempt not to pay and you will need to it to small claims court. However, it is very unlikely that it will ever actually go to court. They are wrong and what they are doing is not legal. If they loose it can set a precedent and they would loose a lot of money.

 

Make sure you document everything and write good letters explaining your legal standpoint and explaining the risk they run in taking this further.

 

Also, send a copy of this from the FSA about complex claim rules:

http://www.fsa.gov.uk/pubs/other/axa_undertaking.pdf

 

Even though they are not FSA regulated this shows what legal experts think about rules like this and could be used as a precedent.

 

Good luck.

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