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    • great, thank you. I have done the above and put it in my diary to submit the money claims online form on the 23/04/2021    Hermes just responded to my Letter of claim:    Hi Samson   Thank you for contacting Hermes with regards to tracking number xxxxxxxxx   Please direct all queries through to Packlink Shipping   Packlink have taken the money for this delivery, not Hermes and therefore this will need to be directed through to them.   They have been made aware that the parcel is missing and a claim has been made.   I can only apologise again for the inconvenience caused and would like to take this opportunity to thank you for your patience and continued support Kind regards Nickie ext 2549 Customer Service Advisor
    • A copy of your statement in objection would be helpful.
    • https://www.theguardian.com/world/2021/apr/13/boris-johnson-easing-lockdown-will-increase-covid-infections   seems Johnson is now spinning that the vaccination program ISN'T why the UK is able to come out of lockdown despite falling cases - which also aren't primarily as a result of the UK's vaccination program, despite Johnson banging on about the Uk's vaccination program for weeks ... It was the lockdown   Now that reality is approaching and he wants to over-write his horse-shot history again...   He now starting to state what was actually bloody obvious for ages .. while he was spinning moonsh*t   https://www.theguardian.com/world/2021/apr/13/surge-testing-may-not-be-enough-to-curb-covid-variants-in-uk-say-scientists
    • Topic moved to Residential and Commercial lettings/Freehold issues...please continue to post here.   Andy
    • Hi Just wondering if someone could offer any constructive advice, or maybe been in a similar situation regarding the following. Sorry for the long post but I want to be thorough. I live abroad and use a letting agent to fully manage a property. The current tenants moved in almost a year ago, after my having spent £3000 redecorating throughout and lightly refurbishing the property. My letting agent, who is an easy going, decent guy, finds the tenants very difficult. He claims he spends more time on these tenants than any other. The first thing they complained about on moving in was that the property needed to be fully redecorated(!), along with a list of 30 other repairs they felt needed doing.They break the patio doors, and then complain that there should be 3 hinges on the door not 2, and therefore want another hinge putting on. As much as I want to be a good landlord and provide a nice home for my tenants, their demands are becoming endless and tiring. I do when I can, accommodate most requests from them, such as for example, them changing their rent due dates to make it easier for them. These are the first ever tenants I have had whereby the letting agent has suggested eviction even though they pay the rent and, by and large, look after the property lol! They obviously dislike the property so much, I am just hoping they leave when their contract ends in May, but as they have 6 cats, my letting agent tells me he doesn’t think they would ever find anywhere else to rent. What annoys him the most is the fact that when he calls on them to explain why some repairs they request are not necessary, they are pleasant and in full agreement, then he will arrive back at the office to find the ‘most disrespectful and insulting of emails’ from them as he refers to it, demanding the repair get done. Anyhow their latest complaint is condensation. The property has a piv fitted, which I was told was one of the best things you could install to assist with condensation. It also has trickle vents on the windows. Again my letting agent chats over the phone to them and visits the property to take a look. He confirms it’s condensation then advises them of the usual lifestyle actions they need to take, and he reports back to me that all is well and they are happy. He then gets notification that the tenants have reported the damp to the local council who will be paying a visit. The tenants are also unpleasantly demanding we get a damp report from a ‘damp specialist’, so we get a local company to go in and do a report. We told the tenants if the damp is down to them, then we will take the cost of the report from their deposit. The council see the damp report and are happy enough with the property and we tell them we will install additional vent bricks. The tenants were also given a copy of the report but have never responded to it. This was February. However I was really disappointed with the report. It’s amateur but that’s ok, but it starts off by saying the first issue is damp, but not at the stage that would concern the damp company, and treatment would wait until in between lettings, and is something just to monitor for now.....I’m not really sure what just damp means....rising, penetrating? Second issue was condensation and, a black mould, due to condensation. That’s all it says. The report notes the trickle vents at the property, but states with modern living these simply are not enough, and suggests installing a piv, but appreciates there is one already at the property that is clearly producing an airflow. The property is a dormer bungalow, and they have a concern about the positioning of the piv, as it’s situated in a small space due to the dormer room, and in their opinion not positioned correctly but notes there is no other option given the space. Apart from of course, buying 3x passive vapour vents from them at a cost of £204 each. They also claim the kitchen extractor fan is not working effectively as it should and the current filter should be renewed. So I asked my letting agent to confirm what the company mean by the first issue of just damp, and if he could put something in the report about condensation being a lifestyle problem, for the purposes of evidence for the claim from the deposit. My letting agent said he kept emailing the owner for clarity, but didn’t get a response until the owner starts chasing for his payment. My letting agent responds saying we have no problem paying the invoice if he could just clarify that the mould is down to the tenants usage, and the reason we ask for this is because the tenants have been very aggressive demanding the report and that we were seeking to claim some of the report cost from the deposit, and his report forms that evidence. My letting agent even suggest an additional sentence to the owner of ‘the mould at the property is caused by the tenants activity’, given that this is what the owner stated was the problem when they spoke previously over the phone. Anyhow the contractor requests I contact him so the very same day. I email apologising for the delay in payment and saying more or less the same, that the cause of the condensation has to be spelled out to the deposit scheme, and it would be great if he could add that to the report. He never replied back. Now a month later, after neither myself or the letting agent hearing anything back, the owner is threatening legal action, saying I only got in touch with him because the letting agent chased me, and that he cannot say the mould is down to the tenants as if the piv and kitchen fan were working properly there would be no mould. He added that him saying it was down to the tenant would be negligent and against his professional judgement. Surely this is bunkum! Despite contradicting himself when he spoke verbally to my letting agent, the above statement would suggest the ‘not fully functioning piv‘ is the cause of the condensation, as opposed to the occupants not ventilating enough. My letting agent has given me a formal letter saying the owner verbally stated all condensation mould is down to the occupants, if I needed it for use in the claim. Sorry for the endlessly long post and ramble, but in your experience is the owner right, would he be negligent for mentioning the occupants. If a property has condensation what else can be the cause other than too much moisture being produced and not enough ventilation. I am not asking him to lie, just state the facts. Would I have any recourse? Thanks for any advice.
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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.
       
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      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.
       
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MARTIN3030 Virgin Media charges ROUND 3


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Great News Martin :-) Well done on seeing it through to the end

Cases won.

 

Littlewoods, Moorecroft,Nationwide £923.12 written off

 

CapQuest Debt Recovery

£687.34 written off OH

Reliable Collections

£2076.11 too be written off OH

 

Egg

£317.38 Charges paid back and cheque for £250.64 p for myself

 

If i have been any help to you tip my scales

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But no payment yet so as far as I am concerned its still live.

If they dont sort it then they will find themselves having to pay a lot more-I will make sure of that believe me.

Lets be clear-Its MY claim,and so will be MY notice of discontinuence.!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

Hi Martin been reading bits and pieces of this thread. Im also with Virgin and have been for about 15 years.

 

Can I ask is it just the same process as reclaiming credit card charges and did virgin disconnect you when you claimed the charges back.

 

Thats one thing thats making me be a bit hessident about claiming them back as I dont know if i would pass a credit check to then have to move to sky (if you need one, i dont know)

 

thanks

 

Mick

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Hi Mick.

Basically yes-the criteria is the same,you ask them to refund the charges as you do not believe they are in proportion to the costs.

You will have been with Telewest previously.

You dont say if you have account statements ?

If not then you will need to send SAR to get these.

Be clear of the periods for which you want the statements to cover.It may well be that they will not supply you with all (They may say for example that their archive only goes back to 2000)

Then theres the possibility of them challenging on limitation.I can help you with that if it comes up.

I posted a copy of my particulars of claim within this thread,theres also preliminary and letters before action.

 

I suggest you begin your own thread,so others can help and follow your progress.

As regards your fears on account closure,from the outset you have little to worry about.

Once you begin to ask for the charges back,then it will become needed to remind them that since you are in dispute,any adverse action will institute a complaint from you to the regulators-they are unlikely to take that chance once you have informed them.

Timing is the essence and so needs thought and care before you begin.

Feel free to ask if you are unsure of any part of the process.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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To all those following my thread,I should add that settlement was made as agreed,including costs.

To be honest I have to say it was all fairly civilised in the end,and I should give VM some credit for that-certainly nothing like the average bank claim.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin, yeah I was with Telewest prior to Virgin taking over, will Virgin have a list of charges that Telewest applied to the account if it was telewest that charged my account within the 6 years you can claim back.

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Martin, save me from re-reading the 21 pages again. :-D

 

How long did it take you from prelim to full payment?

Do you think yours was characteristic of the timescales anyone should expect?

And did you claim for both penalty £10 charges and the non-DD fees or only one or the other?

 

I really need to get cracking with this one, I think I requested my stuff 18 months ago and still haven't done anything with them. Shame on me. :rolleyes:

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Bookie the first claim took a little longer because Telewest played games with promised payments and cheques.I did include non DD payments in that claim.

Second claim was simple by comparison.

Basically theres the prelim the LBA and then the N1.

Much depends on the speed of the Courts.

But I knew that once a hearing was listed that I could approach them to settle out of court.I actually didnt deal with CEOs offices-I was dealing directly with VM legal affairs team.I told them I was prepared to discontinue providing they settled in full,and also included wasted costs,which added 75 Quid.

My suggestion would be to negotiate settlement on your terms ie give them 14 days to accept,once that litigation has started.They KNOW that you are serious at this point.

From start to finish then assuming that you hae statements,it could be done and dusted in around 8 weeks-but as I say,it is reliant on the speed of the Courts in processing your claim etc.

I was mistaken in failing to claim the non DD fees in the last one.But I am still aiming to do that one,its not a vast amount probably a hundred quid or so -but better in my pocket than theirs.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks, m'dear, you are a prince amongst men. :-)

 

 

ooooooh if only Eversheds and Barclays Solicitors would say the same.:p

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

A lot to read and didn't understand the legal procedures but its heart warming to see a customer win against VM.

 

I hate dealing with VM as it always feels a major task and leaves me feeling stressed at the end. But seeing this result has made me want to do the same. The tenner they want to charge me for late payment would be so much better spent on the request under the data protection act, so I can start towards getting late payment charges and the non DD fee's refunded!

 

I'm going to stay with virgin a little longer so as to make this claim easier!

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Save even more money. You don't need a SAR to dispute or prove your over payments billed. Your monthly invoice showing the amount charges is all you need - it's quite easy to file them each month, knowing what you'll be getting back when you put them on the spot.

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Thats ok from now on- but SAR them for every penny you have paid them in the past... and get them to refund the SAR fee while they are at it! :)

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Agreed Emma-and if it does get to Court-a wasted Costs order will add a bit more for the trouble.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

So are we all going to go for the non-DD charges now?

 

I thought they were more complex due to OFCOM (or someone) saying they were kosher?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Isn't that a bit like saying "the BBA says bank charges are OK"?

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Are the BBA a regulatory body?:)

 

I just know some people have had a more bumpy ride with these.

 

How much does it actually cost for different payment methods? We generally pay by debit card (we phone up and pay there and then, not a standing payment). I know there is a charge for them for this- don't they pay 2.5% to the card processor? I'd imagine this could be passed on to the customer.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

Ok here we go again.

Since filing my last claim theres already £60 in late payment charges.I am going for these plus the non dd charges for the last 2 years-in total then around £260.00

 

I will be filing the claim in the next few days.

My progress is thus;

 

Sent pre lim with charges schedule-got no reply.

 

14 days later sent LBA-afain no reply.

Emailed NB -he said he would refere it back to CS.

They write telling me no way.

I send NB email telling him I will be filing in 7 days.

VM bombard me with calls to discuss it but I flatly refuse to do so saying that it has to be in writing.

 

Will update as I go.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok Jogs I think its here somewhere-the only differences between the two are obviously the amounts.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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xxxx v Virgin media

 

Particulars of claim.

 

 

 

The claimant has an account for the provision of cable TV Telephone and Internet services,with Virgin Media-herein after referred to as the defendant,

account number XXXXX operated within their standard terms and conditions.

During the periods XXXXX to XXXX,at regular monthly intervals,inclusive,the defendant has levied charges to the claimants account for late payments to the account.The total amount being £.........Add or delete as appropriate.

Additionally,regular monthly charges were applied to the account for non payment by direct debit instructions.These totalled £...........and is deemed by the defendant to be a "Payment handling charge".

The Claimant tried to negotiate with the defendant to have these charges refunded,or alternatively supply a breakdown of their costs which would demonstrate the said charges to be a genuine pre estimate of its costs or losses in relation to the charges in the claimant breaching any of the terms.

Claimant wrote two letters one of which was a letter before action sent on xxxxx The Defendant has refused to refund the said charges or provide evidence to show that they are justified,or can be shown to be a reasonable assesment of their costs,that form the make up of these charges to the claimant.

Claimant believes these charges to be a dissproportionate penalty,and therefore are unenforceable being contrary to common law.Additionally the claimant believes they are invalid under the unfair contract terms act 1977 s4

Also, that they are unfair under consumer contract terms regulations 1999 para B sch 2.1.e

In the event that they are not a penalty,they are unreasonable within the meaning of the supply of goods and services act 1982 s15.

The claimant recieved a telephone call from the defendants chief executives office on XXXXX which gave a final response that no charges would be refunded,and that no breakdown of its costs would be provided to me.

The claimant has given the defendant a further 28 days to reconsider,but unfortunately their position remains the same.

Reluctantly therefore,the claimant seeks no alternative than to file this claim in the county court.Claimant believes they have followed pre action protocols in this matter.A schedule of the charges is attatched,the defendants have previously been sent copies of this schedule on..............................Claimant therefore seeks recovery of these charges.

On judgement being awarded against defendant,claimant seeks statute section 69 interest from the earliest charge to judgement ,which is currently XXX and at a daily rate of xxxx Claimant accepts this is at the discretion of the court.Additionally the claimant seeks reasonable costs incurred by bringing this action.

 

 

I believe the facts stated in these particulars of claim are true.

 

Full name;

 

Signed Claimant

 

Date

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Edit ammend or add to as appropriate.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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So does that POC cover both the non-DD/Payment handling Charges and the late payment charges. It just seems to cover the late payment charges.

 

I've added up nearly £300 of non-DD charges and a couple of extra late payment charges now, so I'm looking to go for them next, hopefully. Chief Executives Office here I come. They shouldn't annoy me so much, but they do!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Ammended now.

The charges should be written on the POCs as they appear on the VM bill-hence the non dd fee should be put as "Payment handling charge"

The same goes for the description of the charge on the schedule.

Otherwise VM will cite that the POCs are not properly particularised.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin

subbing, fight the good fight my friend!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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