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    • @Andyorch   I didn't know that. Thank you.
    • Are you saying the 6/3 year rules does apply to me, even if I only realised it was mis-sold in 2019?   The agent is talking as if I knew this was not compulsory in 2003 when I signed for it 😕   
    • Yes, was received.   Sitting on my hands has never been a strong point.    
    • Thanks both,   The only thing I am still not clear on is there were 4 DCA's that were reporting on my credit report and as I complained they have stopped BUT there is no default date on these debts. Can they start reporting these debts again on my credit report if I stop paying.   When I tried to re-mortgage a few years ago I was refused as these 4 were showing as in a DMP. Ofc they are not now as I told them it should have defaulted BUT they werent actually able to add the default date - so in theory could this happen again.   Thanks so much for your help
    • I'm afraid these kinds of stories are all too common with this company. The impression is that they're not too interested in installing and maintaining heating systems – but rather the finance behind it. Did you do this on some kind of finance agreement? Was it secured on your property? You seem to be doing everything on the telephone – and I think it's about time you started establishing a paper trail. You may end up having to arrange your own service with their authorised installer and if that doesn't happen then you may end up having to get in your own repair person. Of course ASG will then say that you are in breach of their warranty et cetera and that they are entitled to recover all their money back. You will have to show that you are a paper trail in them on notice and that they're not responding and then eventually you had to take matters in your own hands and organise your own repair – for which you would be going to them for reimbursement and also you would have to establish that you had no choice and they are fully liable – including the not allowed to dishonour a warranty. I'm afraid the stories we are getting about this company are dreadful and frankly very distressing
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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

My Case Struck Out!


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Hi all. Despite a reminder by the judge and an extra 2 weeks Lloyds have failed to send in Allocation questionaire. I received letter yesterday to say the judge has Stuck it out.

I assume this means i win. What happens now and how long does it take?

 

Thanks Steph X

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Steph,

 

yes you have indeed won, this happened to me also, lloyds failed to return there allocation questionare, i see you are from the wirral i am also and claimed at birkenhead court.

fill in the form for judgement and get it to the court asap the judge there has just given me judgement and ordered them to pay me back my £8900 forthwith (pronto)

any questions ring birkenhead court and ask for joe in case management, he is very helpfull and will tell you all you need to know in a way that you can understand it,

I think the judge there, Judge Travers knows the score and doesnt side with the banks.

 

i am just waiting for my money now, think i will give them a reminder call tomorrow.

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Well done, Steph (Princess). Sounds like good news for you.

 

When were the AQs due in? Did you have to do anything, or did the judge send the reminder and strike out the claim without prompting?

 

I’m in a similar (but not so advanced) position with a claim for a friend. The AQs were due in by 2 July. I sent mine in on time but, as of a couple of days ago, the bank still hadn’t put their AQ in. The court hadn’t done anything yet because they had a big backlog of claims.

 

A lady in the Court Office thought their District Judge was going to stay all bank charges claims – she didn’t know if it would make any difference that the banks AQ was already long overdue before the OFT announcement! Or, she said, he might send them an “unless” order giving them 7 days to file the AQ (and then, possibly, still stay the claim!).

 

Any advice - Princess, or anyone? Do I just wait for the judge, or should I be doing something pro-active?

 

Incidentally, when sending in my AQ I requested an “abuse of process” strike out or, alternatively, an Order for Directions – for all the good that will have been if the claim is stayed anyway!! If the claim is now stayed, the bank will have benefited unreasonably from not sending in their AQ on time.

 

Sorry Princess – don’t mean to hijack your thread, but yours is closest I’ve seen to my case since the OFT announcement.

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Thanks all!

 

Cajdad i didn't hav 2 do anythin. I sent in AQ then few weeks later got a letter sayin defence had not handed their's in and that the judge was giving them an extra week. They still did not hand it in and then i got a letter sayin the judge had struck it out.

 

Ill go 2moro and apply for judgement. Its only for 700. not a great deal but a nice shoppin spree!!

 

Nice 1 Surfman! Congrats. My case is with Birkenhead aswell. I had my last 1 there against Natwest 2.

 

Good Luck cajdad!

 

Ill let you no what happens!

 

XX

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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  • 3 weeks later...

sooo. Had a letter yesterday. copy from the courts of the letter sent to lloyds.

Saying they failed to respond and so the court orders the defendant to pay the full amount forthwith. Failure to do so could result in seisure of goods to be sold.

 

It doesnt give a time frame? how long do they have to pay me? has this happend to anyone?

 

steph x

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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ring sc&m and tell them what you have received from the court, ask for fax number to fax a copy to and they will pay up. they paid me within 5 day's, fax a copy and ring daily untill the money is in your account.

forthwith means immediately,

 

well done. Lee,

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whats sc&m and whats the number? thanks surfman!

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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ok thanks guys ill fax it in the morning.

 

fingers crossed!

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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