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    • I've found this one. Is it too harsh?   [Your name and full postal address] [Your contact number] [Your email address]   23 January 2021   Student Loans Company Limited 100 Bothwell Street Glasgow G2 7JD   Dear Sir or Madam   Subject access request   (Name) Loan Account Numbers: 97xxx/96xxx Customer reference number: xxxxxxx   Please supply the personal data you hold about me, which I am entitled to receive under data protection law, held in: ·       my student loan file; ·       All correspondence between myself and Student Loans Company Limited   If you need any more information, please let me know as soon as possible.   It may be helpful for you to know that data protection law requires you to respond to a request for personal data within one calendar month.   If you do not normally deal with these requests, please pass this letter to your data protection officer or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk, or it can be contacted on 0303 123 1113.   Yours faithfully,
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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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Mediation - a bad idea


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There is a thread here in general section about courts doing away with AQs. My local court sent me an aq but also a mediation form stating I would have to explain to a judge why I would be disagreeing to this. This seemed a good idea to me at the time but GaryH feels this is a good way for the banks to delay things and cost us money. Does anyone have any experience of this and any reasonable proposals why mediation cannot be considered for our purposes. Thanks in advance, Sally

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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It is a bad idea - it will cost you and is expensive, it will also not get your case settled. I used this letter to refuse

 

Dear Sir/Madam

I respectfully refuse the offer of mediation in this claim. My reasons for refusing to mediate are as follows

 

1. I have entered into meaningful dialogue with the defendant prior to issuing a court claim, but have received in response to my requests for further information template letters and standard leaflets from the defendant.

2. We are litigants in person and to meet the cost of mediation would put us at severe further financial hardship.

 

3. It will be settled out of court and therefore produce no useful decision from a higher court.

 

4. It is further submitted that the defendant in the instant case has no intention of going to a hearing.

 

5. It is submitted that the pattern of cases settled so far suggests very strongly that the banks and financial institutions are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing their legitimate right. This is further evidenced by the defendants counterclaim to which a defence is submitted with this allocation questionnaire

 

6. It is submitted that the Overriding Objective requires that my case is allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. There is no complicated issue of law. The common law relating to contractual penalties is settled law since the late 1800s and has been reinforced as recently as the Unfair Terms in Consumer Contracts Regulations 1999 which itself is the result of a European directive.

 

7. It is submitted that this is abusive of the justice system and of the public resource.

 

8. As submitted above, mediation favours the bank by delaying the claimant’s pursuit of his legitimate remedy without placing any restriction upon the banks activities which the claimant submits are unlawful and/or retaliatory.

 

The OFT and their powers under the Unfair Terms in Consumer Contracts Regulations 1999

The Unfair Terms in Consumer Contracts Regulations 1999 gives the power to the Office of Fair Trading to seek injunctions to prevent the use of unfair terms in consumer contracts. More than that, the UTCCR specifically prevents the private citizen from pursuing this remedy on his own behalf.

It is not at all clear why the OFT has not now proceeded to seek injunctions in the face of the financial institutions refusals to comply. This is particularly serious when the Regulations have prevented the citizen from doing so.

 

It is submitted that an order for standard disclosure will assist greatly in bring these and other similar claims to a speedy and just conclusion.

 

The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves questions of fact – in particular the true costs of the Early Redemption Charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. I submit that these financial institutions do not act in good faith in relation to me or their other customers in the matter of penalty charges.

 

Yours faithfully

 

 

Consumer Health Forums - where you can discuss any health or relationship matters.

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Wow, that looks powerful stuff. I agreed to mediation just after Easter. In your opinion could I send this letter in now for it to be added in with aq? Naturally I would send copy to cobbetts.

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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Thanks for that, perhaps I will do the same next time but gizmo's letter looks like the beesneezzzzzz

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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  • 4 weeks later...

My case was recommended by the judge for mediation and when I phoned the court they couldn't find my file because it was already with mediation.

 

I've had to put in my bundle really early, so think it's a bit of a liberty expecting me to go to mediation.

 

But I'm not sure how the judge would view it if I don't try it and, according to the letter it's a free service.

 

Regards,

John.

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I appreciate how you feel as my letter said I would have to explain to the judge my reasons for not agreeing to mediation. I sent the letter above which I think explains it beautifully and this question was not raised again. My letter also stated it was free but Gary H thought differently. Might it be an idea to talk to Mediation with Gary's letter to hand and see what they say about cost?

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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Thanks for the suggestion Sally. I'll get the letter and do as you suggest.

 

I found your letter a couple of weeks ago and it's been in my docs since then, typed and ready to go. As everyone says it's a great letter, very well reasoned.

 

Regards,

John.

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  • 3 months later...
  • 3 years later...
Fantastic letter! The last paragraph mentioning the Standard Disclosure etc. Should we replace that with the draft order for directions if we are choosing the response with our AQ's?

Hello, has this question been addressed anywhere please?

Thanks in advance.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Hi bustthematrix

 

This is a very old thread and I have no idea if the posters are even still around.

 

You might be better advised to start a new thread and ask the question again

Steven

 

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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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