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    • That's wrong on two counts:   1. The time frame is one calendar month, not 35 days   2. The time doesn't start from when your ID "has been confirmed", it starts from when they receive it.   Send them this ICO link   Time limits for responding to data protection rights requests | ICO      
    • Final offer emails-  there is a typo in it - I am Not entitled to a refund in point 1, I did send my email back saying I accept as his typo said I was eligible - but he quickly sent another email saying it was a typo and I was not entitled to a refund.      Email 1   Thank you for your response. We are sorry to learn that you are not happy with the provided resolution.  In regards to your further query, we can confirm that we are now authorised and regulated by the Financial Conduct Authority (FCA). However, your matter does not relate to a contract of insurance, but in fact a plan. Therefore, you do not have the benefit of reporting this matter to the Financial Ombudsman Service.  In terms of your queries, please be advised as follows:  1. Your request: “Refund of the cost you charged me for the boiler repair of £246.”  We have clarified and summed up your concern regarding the repair cost of £246 in our previous response dated 2nd December 2021. As we instructed the manufacturer who attended your property on 13th November 2021 and completed the job successfully. Therefore, you are entitled to a refund.  2. Your Request: "In addition, an exgratia payment of £100 for the poor handling of this repair and complaint." We have clarified and summed up your concern that you logged the claim online and provided your tenant's contact information. As per our record, our relevant team contacted your tenants only on 7th November, 10th November & 11th November. We shared the exact information with the manufacturer so that you or your tenant would not fail to take advantage of your appointment and to ensure matters were resolved swiftly without any further delays. 3. Your Request: "To be freed from my plan immediately with no penalty charged." We have clarified and summed up your concern regarding the cancellation in our previous response dated 26th November 2021. Either you can provide a 30-days notice or for immediate cancellation, there will be a cancellation fee of £144. However, as a resolution to your complaint, we can cancel your plan with immediate effect as a gesture of goodwill by waiving the cancellation fee of £144 that you would normally be required to pay as per the terms and conditions of your plan. Please be advised that we maintain our position and our further gesture of goodwill offer in the sum of £30 remains open to you for acceptance in the full and final settlement.  Please note the following points as discussed regarding your concerns: 1. The cancellation fee of £144 has been waived and offered to cancel your plan with immediate effect. 2. Offered a refund of £30 as a gesture of goodwill.  Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer an appropriate explanation and a fair resolution.      Email 2 As you mentioned, your boiler was repairable and it got fixed by a reputable nationwide company for the total cost of £246. In regards to the misunderstanding, we have never addressed your boiler as unrepairable, we always advise you that it was beyond economical repair, in which we use the boiler's purchase value, age, make, and model. The calculation illustrated below outlines how the BER value is calculated. The boilers current market value is calculated by looking at the purchase value and applying a 10% depreciation on this value for each year that the boiler has been in use (age of the boiler). We cover repairs of up to 80% of the boiler’s current market value. As you were concerned about the breakup and calculation of the repair cost which you were offered in the first place, the detail mentioned below: Boiler Type: Ideal (Mini C24, 24KW Combi Boiler) Boiler Value: £566 Market Value: 272.72 BER Limit: £270.72 Part: £320.37 Part + VAT: £384.44 Labor: £54 Total Cost of Repair: (Part + VAT: £384.44) + (Labor: £54) = £438.44 In regards to the repair, our technical team offered an option with the manufacturer (Ideal) repair for £246. As we instructed the manufacturer who attended your property on 13th November 2021 and completed the job successfully. There is not a breakdown for the manufactures offer, as it is cheaper than the original cost of the repair. We offer manufacturing repair for a fixed fee. Therefore, please be advised that we maintain our position and our gesture of goodwill offer in the sum of £30 remains open to you for acceptance in the full and final settlement.  Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer an appropriate explanation and a fair resolution. Under the terms of our Complaints Procedure, this is our final response.  
    • quite correct and that is not a bailiff letter!   can i give you a little tip when dealing with all the people  regardless of if they are DCA's or BAILIFFs (not the same }   STOP RINGING THEM! - thats the last thing you should EVER do no matter who it is.   never just pickup the phone or talk about debt of yours or anyone on the phone put it down stating writing only.   now this is for a CCJ there is NOTHING a bailiff can do on a CCJ anyway!! its a county court judgement and there are no rights of entry anyway on county court stuff. only magistrate fines like dvla speeding etc etc.   that letter is infact just a simple letter of them acting as powerless DCA's, they have not been court appointed. i suspect the DCA that got the ccj got it by the backdoor too and now thinks their mates can have a go at being a bully when legally thay cant ignore them!   dx      
    • Firstly, never threaten legal action unless you are willing to take it!   Can you post up the 'Final Response' you received from them today as a pdf with all identifying detail removed.   I've read their T&C you posted and it has a frankly baffling description of how it calculates the BER:   BEYOND ECONOMICAL REPAIR - In the opinion of our approved engineer, we are unable to repair your boiler.   We use an industry standard formula to calculate the BER value, using the boilers purchase value, age, make and model. The table illustrated below outlines how the BER value is calculated. The boilers current market value is calculated by looking at the purchase value and applying a 10% depreciation on this value for each year that the boiler has been in use (age of the boiler). We may provide repairs of up to 80% of the boiler’s current market value.   Version 3.0 Boiler Type Vaillant Eco-TEC Plus 938 Purchase Value RRP £2,521.00 Age 5 Depreciation 10% for each year boiler has been in use Current Market value £1488.63 Threshold £893.18 Cost of Repair £350.00 Outcome Repair Authorised    I eventually worked out how they got from the original price to the 'Current Market Value' [it's not straight line depreciation, for the mathemetically minded it's  (((((£2,521 * 0.9)*0.9)*0.9)*0.9)*0.9) = £2,521*0.59049 = £1,488.63].   But what does 'Threshold' mean?  Not defined or explained anywhere. It isn't the 80% of the boiler's current market value that they refer to. £893.18 is 60% of of the current market value of £1,488.63, not 80%.    So it's hard to tell from their TEC what they mean when they told you "BER limit £270".   Do they mean that £270 is their calculation of 80% of the boiler's current market value? In which case  £246 you want back is well within their limit. Do what Bank Fodder recommends and see what they say.
    • I've been waiting weeks.  Direct number for the mediators is 03001234593 if you want to make sure you haven't been forgotten.  They do seem to have a bit of a backlog though.  
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Won against Lloyds-Excellent news! Full Payment


Amy1471
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Guest littlesally

Well done for getting this far, many give up.

 

Have a read through these

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

 

They will give you guidence and hope.

 

It's a pity the chatroom is still closed as that place can really help with any doubts and fears you have.

Also good for just unwinding and having fun.

Still hopefully it won't be long.

 

It's basically a waiting game, seeing who can out stare the other - don't be the one to look away.

Many people do at this stage and lose out.

 

Make sure you stick with the winners and you will be one!

 

 

 

Sally x

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Just called them and they have lost the forms and have no records. Im going to have to start the whole thing again!!

 

Not happy!!

Amy :p

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  • 2 weeks later...

Hiya everyone!!

 

Hope everyone is manageing ok and pushing forward.

 

Just need some quick help about what i need to prepare in my court bundle. Want to make sure i have everything correct and prepared!

 

Can someone confirm what i must have?

 

Thanks all!!

x

Amy :p

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The documents/evidence you will need to submit will include;

 

 

- Schedule of charges

- Statements showing charges have been made

- All correspondence between you and the bank

- All cases and statutes upon which your claim relies

- OFT report

 

All this can be found in the Basic Court Bundle

 

Additionally, you should add as much other evidence as you can compile. Examples of other useful pieces of evidence are;

 

 

- The McNamara interview

- Australian Default Fee's report

- BBC Commission conclusion

but link to australian default doesn't work put link on my thread last page , lisam

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  • 2 weeks later...

Hi Everyone,

 

Hope you all still doing well with your cases, and good look with verynoe just starting.

 

I am currently preparing my court bundle and im stuck on which cases and statutes it is that i reply on. Iv looked in the statues library and it may just be not being very smart but i dont understand alot of what they are saying. Can someone please help to which ones it is that i need so i can study them in depth and get my head round them!!

 

I dont want to be going to court looking like a fool!!!

 

Please help!!!

 

Thanks again and good luck!!!

 

Amy

Amy :p

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Hiya Everyone!

 

Iv just received my Notice of Issue, and im a bit confused about that i have to do. Do i have to fill in details on the bottom part and send it back off to the court or what?

 

Help please!!

 

x

Amy :p

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Hiya Everyone!

 

Iv just received my Notice of Issue, and im a bit confused about that i have to do. Do i have to fill in details on the bottom part and send it back off to the court or what?

 

Help please!!

 

x

 

No, I pressume you used MCOL. This is just a letter to inform you that the claim has been issued. This link will help here.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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11 threads merged please stick to this one.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 3 weeks later...

Hiya Everyone,

 

Hope your all doing well, and winning against the banks!!

 

I need help with the questionaire iv getting through, well not be actually as im helping my friend with it. They claim benefits though so didnt have to pay the initial cost for filing the court claim.

 

Soooo the questionaire states that they have to pay a fee of a £100. I recomended they fill it in and then take it to the court and ask them if they have another form for them to fill to exempt them from this. Is this correct?

 

Does anyone know if this is infact the case, or will they have to pay the £100?

 

Please help people, want to get it all right 100%!

 

See alot of you are doing well, so keep pushing everyone else!!!

 

Thanks!

Amy :p

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  • 2 weeks later...

Helllloooo Everyone!!!!!!!!

 

Got a letter through this morning and Lloyds have agreed to pay the full £5000 in full!!!

 

I was just at the stage where i was preparing my court bundle, the questionaire had been sent off and i was waiting for a date. I got a letter yesterday asking me to phone Lloyds as they did not want the matter to end is a dispute etc. Phoned them and there computers were down and they were going to phone me back.

 

They didnt but got a letter this morning offering me the full amount!!! I cant believe it!!!

 

I just want to say a massive thanks to the consumer actions group and everyone else for there advice and help!! This is a brilliant site and with out you'z i couldnt have done it!!

 

Good luck to everyone else, and push on cos you will win!!!!!

 

Thanks again

 

Amy x

Amy :p

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Superb!! :D

If I've helped, please tick the scales at the bottom left of this message!

 

17th Sept: Found this site! :)

 

Lloyds TSB

 

22 Sept: Subject Access Req.

3 Nov: statements arrived. Charges calulated at:

A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)

A/c 2 - £206.11 + int of £211.07 (18.4%)

7 Nov - prelim.

3 Dec - LBA

13 Dec - £750 offered

23 Dec - £750 credited

28 Dec - rejection letter

2 March - issued

16 April - complained at court failure to forward defence

 

Halifax

 

22nd September: Subject Access Request.

4th November: No reply so LBA giving 7 days.

 

Cap One

 

22nd September: Subject Access Req.

5th October: Letter saying no record of account!

15th October: Replied telling them to try harder...

22nd October: Subject Access Req acknowledged.

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