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    • Have you put a formal claim into Hermes? I think you should put formal claims into Hermes in respect of each one. I suggest that you leave it about five days apart so that they are treated completely separately. Hermes of course will refuse to compensate you – but then we will help you begin a legal action against them. Once again, I think that your best interests will be served by claiming and suing for only one of them – and then the second one separately once you have the result of the first one. We will help you all the way – but you need to start off by reading around the stories on the sub- forum about Hermes complaints and actions against Hermes. You need to understand the mediation process – and there are lots of good summaries on the sub- forum. Also you should read around on this website about the steps involved bringing a small claim in the County Court. Begin the claims process with Hermes so that you get a denial of liability – and then we will go to the next step.
    • The luxury car manufacturer says its battery-powered sports cars will be made in Warwickshire. View the full article
    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format   Don't respond to anyone without checking with us first. We would want to know why you are being asked to contact people. However, you definitely need to contact your insurer tomorrow as I've already suggested. You really need to find out what's going on, why they have made the decision that they have and you want copies. Don't tell them that you sent them on SAR. Keep that a completely separate matter – but simply ask them on the telephone to have copies of all the documents that they have assembled in respect of this case. Once again, you should be recording this.  
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
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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
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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
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Righto, I'm just in the process of starting everything off with MBNA. Mr Pusters has got two accounts with them and threads will be created in due course when he has got his SAR and CCA info back from them. I on the other hand receieved my CCA through today... here it is.... PudstersMBNACCA1.jpg

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Right and finally this is the DPA close up.... I consider this is an application form and not an agreement as there are a number of prescribed terms missing......... PudstersMBNACCA3.jpg

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Right and finally this is the DPA close up.... I consider this is an application form and not an agreement as there are a number of prescribed terms missing......... PudstersMBNACCA3.jpg

 

 

Hmm Pudsters, sorry, just jumped on quick as I am at work! It does seem to me that this is unfortunately an executed agreement. We were sent an application form and nothing else and it actually says "Application Form" on it with no T&C's or anything. Yours seem fairly comprehensive.

 

How old is this account is you don't mind me asking?

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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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Hmm Pudsters, sorry, just jumped on quick as I am at work! It does seem to me that this is unfortunately an executed agreement. We were sent an application form and nothing else and it actually says "Application Form" on it with no T&C's or anything. Yours seem fairly comprehensive.

 

How old is this account is you don't mind me asking?

May 2004 - so nearly 3 years old

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Corn, aren't the prescribed terms missing such as apr etc? I know they are in the T&Cs on the back but it does say on the front of the form that they can change the type of card if they want to? just wondering...

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May 2004 - so nearly 3 years old

 

OK, that explains how they seem to be able to produce. Ours (or rather husband's) is 11 years old.

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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Corn, aren't the prescribed terms missing such as apr etc? I know they are in the T&Cs on the back but it does say on the front of the form that they can change the type of card if they want to? just wondering...

 

I think (although others may disagree) that is is acceptable to have the apr on the back. I think the type of card would be to do with your credit scoring ie : they may give you a platinum rather than a gold, for example with a higher limit and a better rate. In our case, my husband apparently applied for a Gold card but was actually given a Platinum.

 

This is only the second time I have seen something resembling an executed agreement. Can I suggest you post it (or the link) onto the CCA thread. Also, have you asked M55, he's pretty good with these things.:)

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 think (although others may disagree) that is is acceptable to have the apr on the back. I think the type of card would be to do with your credit scoring ie : they may give you a platinum rather than a gold, for example with a higher limit and a better rate. In our case, my husband apparently applied for a Gold card but was actually given a Platinum.

 

This is only the second time I have seen something resembling an executed agreement. Can I suggest you post it (or the link) onto the CCA thread. Also, have you asked M55, he's pretty good with these things.:)

Yeah I am talking to M55 and Lantana atm on the MBNA thread. Mr Pudsters are also quite recent. Or at least one of them is so as soon as I get anything through will post them on here for everyone to see. Lantana seems to think that this is missing prescribed terms and M55 thinks that some of it is okay... so will wait and see, my battle with MBNA is far from over though! Lol... I will subscribe to your MBNA thread, I probs am already... I have got a new MBNA application form and they have definately changed their tactics though, a lot more information is actually contained in the agreement now,... which makes me think there must have been something wrong with the old ones for them to change it! 8) Just my opinion though...

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Hi

Yes the agreement is based on the earlier 1983 regs the curent one wil lhave the extra sections in it due to the 1482 ammendments, It may also be a distance agreement which means it will have additional section one info in the key information I notice that there is a sig in the creditors box marked reps name so presumablythis wasn't a distance agement.

 

 

Regards

Peter?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi

Yes the agreement is based on the earlier 1983 regs the curent one wil lhave the extra sections in it due to the 1482 ammendments, It may also be a distance agreement which means it will have additional section one info in the key information I notice that there is a sig in the creditors box marked reps name so presumablythis wasn't a distance agement.

 

 

Regards

Peter?

Hi Peter, this was signed at my local rugby ground, do you think this has the prescribed terms missing? I thought it had to mention the apr, payment term etc in the actual agreement?

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Hi

 

This document is obviously an application form but it is somewhat different to some others I have seen because

it does have all the prescribed terms on the reverse.

 

However, it does not contain all the other required terms and statutory statements so at best it can only be described as an 'improperly executed' agreement and so enforceable on an order of the court only.

 

I have been trying to find a statement that all the prescribed terms MUST be on the front of the document and not just shown on the reverse, but haven't found anything definitive.

 

However I have found this section of the OFT doc on cancellable agreements which I think (in a round about way) gives the answer:

 

Statements of customer’s protection and remedies

 

Statements about the main rights of customers provided by the Act must be included in the agreement in the form set out in Appendix 1. The statements about termination and

repossession of goods, in the case of hire-purchase or conditional sale agreements, must be shown together as a whole with the financial and related particulars described on

pages 9–12 and not interspersed with any other information. (See statement 4 in Appendix 1.) Alternatively these statements can be shown elsewhere (for example, on

the reverse of the agreement) as long as a reference to them is included with the financial and related particulars.

 

This means that if these statements are on the reverse, then your attention to them must be drawn (grammer?) on the front - and included with the 'financial and related particulars', so these 'particulars' would HAVE to be on the front also!

 

IMO this is an unenforceable document, whether it is deemed to be an 'agreement' or not.

 

I would send the same '2nd chance' letter to the creditor as I advised on the Credit Agreement thread.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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  • 2 months later...

Hey guys, Mr Pudsters has got two MBNA alleged accounts... got sum strange letters from MBNA the other day, neva been sent them before... quite contradictory. One says that they are going to write off his account to bad debt and the other says he must make a payment straight away otherwise full balance is due... i'm confused... don't know what they are up to... cheers... can scan and post them if needed. They provided application forms one identical to the one above and one almost identical... have been disputing the CCA since.

 

Pudsters14

x x x x x x

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I would agree that this is an application form (so is a pre-contractual document).

 

Obviously MBNA don't have a clue what they are doing with these account. Are the letters from seperate departments? The letter asking for payment is more likely to be a computer generated response.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Yeh I recieved a letter last week asking me to call them and sort out an arrangement at lower payment... WTF!?!?!?

 

I think Ill scan and post all the letters recieved in a new thread...

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Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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MBNA are in a real mess. I got a letter on Saturday saying thank you for advising them of my financial difficulties (I didn't as their agreement is unenforceable, so I've just told them I won't be paying). It thanks me for making token payments (I haven't) but says they need a small increase to avoid further action. It says they cannot continue to suppress interest and fees if I don't increase payments (funny that, as they are still applying interest and fees) and says they really want to help me but I must ring them (don't think so).

 

They obviously don't know what they are doing at the moment.

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On the first page is says 'I understand this is an application for a credit card'????

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Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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I noticed that as well monopoly, it also has date of application on it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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HI Ompletely dissagree with Pam

Nothing unusual ther then

This is an agreement

Is it enforceable Yes as long has it has been signed

all the prescribed erms are ther although not in the right place,unfortunatlythe positioning of these is not a prescribed term.

You could say it was enforceable by court order only.

The only possibillity of making it unenforceable is the cancellation rightes diid you recieve ae after the agreement was executed if not you could go for unenforceability under section127(4).

IMO

 

Peter

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DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi Peter, I've never seen the cancellation rights as far as I'm aware, not sure at all. I thought that all the prescribed terms had to be in the signature doc? I'm very new to all this and as far as i was aware the document abv is precontractual and it doesn't draw my attention to the financial particulars. I just don't understand these letters i'm receiving either now, i'll try and post them on 2mrw for you to see.

 

Hi Rory, They are from exactly the same dept but are from two different ppl. They really haven't got a clue.

 

Thanx everyone else for your comms, need all the help i can get atm! lol.

 

Pudsters14

x x x x x x

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HI

Yes the regulations do state that the terms have to be together in one block.

However the possitioning of the prescribed terms is not in itself a prescribed term, and cannot therfor be used under 127 to make it unenforceable.

 

REgards

petr

 

Regards

Petr

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hiya Peter, i'm not disagreeing with you but trying to get my head around it all.

 

If the prescribed terms are not in the signature doc, don't they have to print a statement in the financial & related particulars to draw your attention to the prescribed terms? that is how i understood it and have been advised before. The terms and conditions on the back are purely that, terms and conditions... surely the prescribed terms have to be included in the application or 'agreement' itself... they are not meant to spread them into the other T+Cs coz isn't that confusing/unfair? It kind of defeats the object of having prescribed terms coz they could print an essay and expect you to have read all of it?!?

 

Also as you stated b4, if it is only enforcable with a court order because it is improperly executed... what does that mean for me?

 

As i said peter i'm not trying to disagree and am literally bouncing ideas off you because im not really sure who else to ask...

 

Thanx for all ur advice and comms it is much appreciated...

 

Pudsters14

x x x x x x

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Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Hiya Peter, i'm not disagreeing with you but trying to get my head around it all.

 

If the prescribed terms are not in the signature doc, don't they have to print a statement in the financial & related particulars to draw your attention to the prescribed terms? that is how i understood it and have been advised before. The terms and conditions on the back are purely that, terms and conditions... surely the prescribed terms have to be included in the application or 'agreement' itself... they are not meant to spread them into the other T+Cs coz isn't that confusing/unfair? It kind of defeats the object of having prescribed terms coz they could print an essay and expect you to have read all of it?!?

 

Also as you stated b4, if it is only enforcable with a court order because it is improperly executed... what does that mean for me?

 

As i said peter i'm not trying to disagree and am literally bouncing ideas off you because im not really sure who else to ask...

 

Thanx for all ur advice and comms it is much appreciated...

 

Pudsters14

x x x x x x

HI

Don't worry about dissagreeing i could be wrong and if nobody pointed it out i would carry on in a fools parridise.We are all friends here.

 

The prescribed terms are placed at various points in the agreement and have their own heading (usually like payments or credit limit.etc)

They should however be in one block and on the same page of the signature block. In post 2004 agreements they should be contained within the Key finantial information block.

Any other information about t and cs can be refered to in the text.

Yes the Prescribed terms do have to be with the signature doc and should be in the same block as the signature. The regs just say

"section 61(1)(a) of the Act, containing all the prescribed terms of the regulated agreement,

and of the information contained in that document for the purpose of conforming to these

Regulations shall—

(a) apart from any signature, be easily legible and, where applicable, be of a colour

which is readily distinguishable from the background medium upon which the

information is displayed; and

(b) apart from that inserted in handwriting, be of equal prominence, except that

headings, trade names and names of parties to the agreement may be afforded more.

 

The actual placing of the individual terms set in Scedule 1 of the regulations.

 

Not sure whether that answers your question or not.

In short the prescribed terms should be readilly legible and contained within the same document you sign, reference to another document that is with the agreement would be aginst the form requirements of the cca but would IMO not render it unenforceable, reference to anther form that is not with the agreement would render it unenforceable.Clear as mud

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 11 months later...

Hi guys, quick update for everyone.

 

Carried on battling with MBNA with many letters going back and forth.

 

They have now passed it over to Link Financial, with whom I queried this immediately, the broke data protection by discussing an alleged account my husband has but did however agree to put a hold on the alleged account as I explained it was in legal dispute.

 

Today however I have received court docs from Northampton bulk processing centre and need some advice.

 

I haven't CCA'd link yet, it this an option? I would also like to complain about the data protection act breach... The balance they are quoting is probably made up of heavy charges too? but as Im not acknowledging the debt how does this work?

 

I know I need to send my acknowledgement of service and then file a defence? could anyone help me with this as I'm a bit lost!

 

In short I need help! and asap... if anyone feels that they can give me some advice please post asap. Im in my final year at uni and this is the last thing I need at the moment....lol....

 

Thanks

 

Pudst.

xxxxx

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