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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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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
      • 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
      • 33 replies

The MP's campaign-Responses


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Yeah I have sent a copy to my MP Joan Humble, but I don`t expect much action from her as she will be losing her seat in the next election as most of Blackpool North will be a new constituency of Lancaster and Fleetwood, thus IMHO she is just seeing her time out and not rocking the boat

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Well done Mac, very well thought out response from you, with a little bit luck it will hit home exactly what is going on!

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Thanks for the kind comments ja-de. I only hope the effort isn't wasted on this Government, who appear to have lined themselves firmly up behind the banks :rolleyes:

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COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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I totally agree with you on that olden, personally I think it's about time these MP's actually got off their fat ar*es, & started to earn their very high salaries, & our votes; if they want to keep their constituency seats that is, lmao.

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emailed Tony Lloyd

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OK Folks here are the latest stats on the MPs campaign. As you can see responsiveness is increasing across the board party-wise; but the proportion of MPs contacted vs. total MPs is still low. Progress is steady, results are encouraging, but overall we're still slow.

 

If you know any CAG-ger who hasn't written to their MP yet, please pass the message on for them to do so now!

 

 

MP_Stats_0411.jpg

 

 

 

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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I am so sorry about the small percentage contacted, but I don't know anyone on here who hasn't done so. it doesn't seem to make sense, surely the majority are aware of this, are the other sites MSE AND Penalties, writing to the MPs, Can I do anything to help?

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Val, don't apologise!

 

Yes, I think with the number of subscribers that CAG has, it's pitiful that we've only managed to get to 15% of MPs contacted. We have tried various ways (and hat tips to ja-de and Lively Lad and others such as crfx here for all the work they have done on this), but we've hit a brick wall and don't seem to be able to make much more meaningful headway.

 

I'm afraid I just don't know what else we can do to persuade CAG members of the inequity of the way the waiver has been handled; and to realise that the only way to get that message across is to increase its political and media profile.

 

Mac

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  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
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Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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HELLO is ja-de on here now, I have just had a phone call from JESSICA MORDEN MP !! I am still in shock:eek: She is championing our cause, she said that she and others are getting together, cross party support !because they think it is unfair! and she is emailing me the details she has from some company Do you want it posted here or not when I get it?

 

This is fantastic news Olden - well done! I have not been around for a couple of weeks so I'm just catching up on stuff but this is by far the most positive thing I've seen.

 

Also your previous post about me not being eligible to take judicial review action with the OFT was a good point but I already had someone lined up who was a perfect hardship case that I could have used. Although I since informed council, his advice was that the case would almost certainly fail anyway.

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I am so sorry about the small percentage contacted, but I don't know anyone on here who hasn't done so. it doesn't seem to make sense, surely the majority are aware of this, are the other sites MSE AND Penalties, writing to the MPs, Can I do anything to help?

 

Olden, I totally agree with Mac, & that's you mustn't apologise for others. It most certainly isn't any of your fault that there are some ppl here who don't want to even try to help us.

 

This is fantastic news Olden - well done! I have not been around for a couple of weeks so I'm just catching up on stuff but this is by far the most positive thing I've seen.

 

Also your previous post about me not being eligible to take judicial review action with the OFT was a good point but I already had someone lined up who was a perfect hardship case that I could have used. Although I since informed council, his advice was that the case would almost certainly fail anyway.

 

It seems to me that these ppl are making the rules up as they go along. It just doesn't seem to make sense, one minute they say that genuine hardship cases will be allowed to have a stay removed, & then the next minute are told they won't win. Can anyone please tell me where the justice has gone?

If the fact that a person is owed over £17,000 in charges, & is about to lose his home is not classed as a hardship case, well I & I'm sure many more others would like to know exactly what is classed as a hardship case. It just beggars belief that the banks are still blatantly getting away with stealing our hard-earned money, & not to forget that they are also earning interest on it.

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had another reply from Dan Rogerson ,lib , North Cornwall, he has also contacted the FSA on my behalf and he will let me know any replies he receives.

So that is OFT and now FSA he has contacted , good work so far dan !

hello all:-)

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I've had 2 more letters back from members of the Treasury Select Committee in response to my and Macboy's efforts to get the subject of the waiver on the agenda for their hearing with the FSA. Though their reponses came 2 months too late they may include it at the next hearing which is yet to be scheduled.

 

 

Dear crfx

 

FSA Complaints Handling Waiver

 

Thank you for your letter of the 4 September and I apologise for not being

able to respond sooner.

 

As you probably know, the Treasury Select Committee has been rather fully engaged in recent weeks but I do understand very much the important view that you are raising.

 

Thank you also for enclosing various correspondence but as you will know by now I'm sure, I cannot enter into full corresponence with you because of Parliamentary Conventions but I will certainly try to ensure that these matters are put on the Treasury Select Committee's list for consideration and perhaps something along these lines can be included in our future meetings with senior executives of the FSA.

 

Thank you for writing

 

With Kind Regards

 

Colin Breed MP

 

 

 

Dear crfx

 

Thank you very much for your letter dated 4 September which I have only recently received together with the copy letters from the FSA.

 

I have passed a copy of the correspondence to the clerk of the Treasury Select Committee. I am not at present certain when we shall next have the FSA before us but I will certainly look to see if these matters can be raised with them.

 

With kind regards

 

John Thurso MP

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I hope it doesn't get put back again.

I've also added these 2 MP's to our list.

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Bob Neill MP of Bromley and Chislehurst has managed to get me responses from OFT and then couple of weeks later from the FSA chief exec. Same old blah blah, but good to see this issue being raised and coming from MP's aswell us peasants.

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Today I've emailed the template letter via WriteToThem to Michael Wills, MP for North Swindon.

 

Cheers

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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Hi ALL Just to let you know I have emailed Jessica Morden with reference to all that info she sent me concerning in particular the 'cross party support group', thanking her for the support they propose to give us and asking her if she can tell us how many MPs are involved in this. I have tried to emphasize the importance of this regards Val

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That's great olden, you're doing a fantastic job, thank you for all your help. With a bit of luck there will be a majority of them on our side.:p

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I wrote to my MP in edinburgh south but i can't remember where i wrote that i did this?? I also contacted Coatbridge and Chryston MP on behalf of my parents

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

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Thanks Jenschnifer, but don't worry I'll be able to get their names from our list.

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Hi ALL Just to let you know I have emailed Jessica Morden with reference to all that info she sent me concerning in particular the 'cross party support group', thanking her for the support they propose to give us and asking her if she can tell us how many MPs are involved in this. I have tried to emphasize the importance of this regards Val

 

Great stuff Olden. I hear Jessica Morden is rather attractive...her phone number would be great

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Dear Jennifer

 

Thank you for email on a subject that Tom has been active.

 

I will get back in touch with you a more definitive response as soon as possible, probably within a couple of days.

 

I trust this interim acknowledgement is sufficient in the meantime.

 

Regards

 

Sam

On behalf of

TOM CLARKE MP

 

Recieved the above from the office of Tom Clarke of Coatbridge, Chryston and Bellshill constituency. Have also emailed the MP for Edinburgh south but no reply as yet.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Great stuff Olden. I hear Jessica Morden is rather attractive...her phone number would be great

 

Hey CRFX, what do you think of this for a quick response! I got this today from Jessica So I have her phone number and you could come to her surgery ;) ;) ;) problem is you may have to move house to do that.

 

regards Val

 

 

Thanks for the email. I'll be talking to colleagues this week to see what more I can find out. Will be in touch - or call me if you haven't heard from me in a couple of weeks and then perhaps we could meet at a surgery to discuss further.

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