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    • Sorry my misunderstanding  . . my IT proffesion overcasting my understanding . . .  "pdfs and back up" . . . . I am assuming you have added some notes to my bdfs and uploaded them back for me to see  . . . but clear to me now that you are just advising me on your progress in reviewing the case Thank you
    • Wheels and wheel bolts are clearly mechanical. You're dealing with an organisation here which is gearing up to deny liability. I disagree that the bank can't do anything – and you ought to contact them again and tell them that you are complaining. You are the customer and you are giving them a direct instruction. But in writing – but tell them that you are making a claim immediately and you want reference number for the ombudsman. If Turo are simply an agency which introduces you to someone who is renting out their car, on what basis have they taken the money? It's clear that their status is far more and some independent party not involved in the contract – and at the very least, by taking money I think they have implicated themselves into the contract. I suppose it's a bit like travel agents who when things go wrong, try to say that they are simply an agent and they are nothing to do with the airline or the with the hotel et cetera.
    • Hi sorry for the big paragraph. Will take note.    Thanks for all the advice. I had rented the car for 4 days and it had been fine. On the last day I pulled of and it was like the wheel was egg shaped (ride was really bouncy) I then began to pull over as this was not right and then I felt the whole wheel come off.   I don’t understand how they can say this isnt mechanical. It’s not like I was driving crazy and smashed into a parked car.    As for how how turo works. You can privately advertise your car on there for rental but get all the perks of insurance and guarantee etc. You don’t actually hire the car from turo it’s similar to how air bnb works.    I need to to look into their insurance policies regarding modified parts and whether they were actually notified as the car would have been voided for rental.    I spoke to my bank before I made the post and they said they can’t do anything as the amount is in pending transactions and sometimes rental companies take money if they’re not satisfied with the condition of the car. I am currently on hold to them to see if I can request a chargeback as I didn’t actually know what the correct term for what I needed was.    How do they have the power to do so as I cannot take my initial rental fee back for unsatisfactory service. I had just driven 100 miles with my 7 year old daughter in the car beside me. Luckily she wasn’t with me when the wheel had come off.    Again, thanks for your help guys
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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

luke V virgin


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Hi i have sucessfully claimed against my banks, so i feel its now time to move onto the cards. I've got a couple of questions which i would appreciate help with.

 

1.... Do i use the exact same template letters that i used for the banks or do i have to modify them in any way?

 

2.....I assume i use the address on the virgin statement for my sar?

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You modify anything relating specifically to bank accounts so it's relevant for credit cards, for example the bank prelim refers to unauthorised overdraft fees whereas a credit card prelim would refer to charges for exceeding a credit limit.

 

Not sure about Virgin SAR address.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Hi i'm a bit confused about interest, if i've got this right you claim contractural interest at the start, but do you then claim another 8 % once you do the mcol claim.

 

Hi there, as I understand it, if you get to MCOL stage, you can put 8% in as an alternative if the Judge doesn't allow you to claim contractual. You won't get that far, I am sure....;)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi there, as I understand it, if you get to MCOL stage, you can put 8% in as an alternative if the Judge doesn't allow you to claim contractual. You won't get that far, I am sure....;)

 

Thanks mate, so it's one or the other, not both then?

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Thanks mate, so it's one or the other, not both then?

 

Luke, I suspect you won't get to MCOL stage, the way it works is that the interest aspect is at the discretion of the Judge. They sometimes do not agree with the Contractual interest element but they will give you the 8%. At this stage, stick to your claim amount plus contractual.

 

We'll worry about the other aspect should you have to file!

 

Hope that helps and good luck!!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi Luke

I have just phoned Virgin for copy statements and was told it is £2.50 per statement!!! I said I want them all sent but will pay no more than £10 for the lot. She said she couldn't send them out unless they charge £2.50. I agreed and explained I will be claiming it all back anyway.

 

What stage are you at? What address did you use?

Thanks and good luck!

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Hi Luke

I have just phoned Virgin for copy statements and was told it is £2.50 per statement!!! I said I want them all sent but will pay no more than £10 for the lot. She said she couldn't send them out unless they charge £2.50. I agreed and explained I will be claiming it all back anyway.

 

What stage are you at? What address did you use?

Thanks and good luck!

Alison

 

Hi Alison, I am wondering why you are phoning them and agreeing to pay £2.50 per statement when you could just issue a Subject Access Request with your £10.00 fee and ID? You need to know that MBNA are masters at delaying at the moment and they must have loved it if they thought they could charge you that per statement! What they are saying is utter rubbish and I would strongly advise you to issue an SAR with your £10.00 and a form of ID (ie : driving license).

 

You are far better of doing the SAR as they will have to provide you with all information relating to your account. There have been many people on here who have had statements mysteriously "missing out" charges. I wouldn't trust them not to do it.

 

Please take my advice so they don't screw you over!!

 

Regards,

 

Corn :)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi alison, i couldn't agree more with Cornucopia, £10 is the max you have to pay for all the info they hold on you, don't let them take the p##s. Just follow the step by step guide, use the template letters and ask advice when needed and you'll get your money back. I personally won't communicate with any bank or credit card company over the phone in regards to this issue, i want everything in writting.

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Thanks for your help guys, do they accept copy ID? Not keen to send original.

SAR being sent today.

Watch this space..........

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Thanks for your help guys, do they accept copy ID? Not keen to send original.

SAR being sent today.

Watch this space..........

Alison

 

Alison, copy ID is fine, a copy of driving licence is perfectly acceptable. Make sure they don't go taking £2.50 per statement off your account as you agreed to this. I would ring them and put a halt to that.

 

It would be a good idea to start a separate thread under your name so we don't hijack Luke's!!

 

Good luck and look forward to hearing how you get on!

 

Regards,

 

Corn:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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sorry to but in....... I did not send copy of ID, just SAR letter and cheque for ten pounds, will that cause a problem do you think? Also, while I'm here does anyone have any idea of the timescale of receiving an acknowledgement of SAR?

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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sorry to but in....... I did not send copy of ID, just SAR letter and cheque for ten pounds, will that cause a problem do you think? Also, while I'm here does anyone have any idea of the timescale of receiving an acknowledgement of SAR?

 

Hi, MBNA are employing new delaying tactics. They will wait until the 40 days is up and then send you some random statements (that will NOT have all the charges on them) and will tell you that on "this occasion" they have not treated your SAR as an SAR and will return your cheque. They will then tell you that if you want them to comply with a full SAR, can you return your payment, with ID and they will have ANOTHER 40 days to comply. This is abolute b***ocks as we all know. I would write a short letter saying the above has come to your attention and enclose a copy of your ID and, for the avoidance of doubt, the 40 days is up on X date and you expect them to reply within that time. If they do not, file an N1 on MCOL for non-compliance.

 

I hope this helps,

 

Regards,

 

Corn:)

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CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Talk about stalling, they are going to have to pay out eventually. They are obviously hoping people will 'give up' and they will get to keep our money, I DON'T THINK SO................

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Talk about stalling, they are going to have to pay out eventually. They are obviously hoping people will 'give up' and they will get to keep our money, I DON'T THINK SO................

 

You are right Alison, there are two reasons I think, they are delaying because they are overwhelmed with claims and this way they can string it out a bit longer. It's funny how they don't require ID to send you statements, ring you up and harass you and write you rude letters! I am also beginning to think that they actually can't provide any infromation under SAR in some instances, especially where accounts have been sold to DCA's.

 

Outrageous!:o

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I was thinking that, where does it state we need to send them ID to get our statements, surely through freedom of information, we don't need ID, only an account number!!

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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I was thinking that, where does it state we need to send them ID to get our statements, surely through freedom of information, we don't need ID, only an account number!!

Alison

 

Hi Alison, of course you are correct, but the fact is they are waiting for the 40 days to be up before asking for ID. It is a delaying tactic, nothing else and completely unacceptable and we are all complaining about it in our mass complaints thread, however, it is what they are doing and to be honest, if you don't want to string your claim out any longer than you have to, just include the ID.

 

It has been pointed out on other threads that they don't, of course, require ID to send you bills or harass you! Very one sided!!!:mad:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Have taken your advice. Have written to MBNA at Chester, enclosing a copy of my driving licence and reminding them of the date of the end of the 40 days. It feels like forever though !!!!

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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FYI

I recevied my statements yesterday within 6 days (@ £2.50 per statement!! which I disagreed to, but am claiming back!) and there were 2 missing. I phoned them and they said if you write to them asking for a 'complete list of charges' on your account, it is FREE!!!

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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