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fryster

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Everything posted by fryster

  1. I'm certain that I'm entitled to free dental treatment, we are in receipt of child tax credit, don't earn over the maximum limit and have been like this for the last 14 years without a single penalty notice. They are asking for a final tax credit award, I don't have one as they haven't been issued yet. I've just received another PCN for the same 'offence' as they declined my appeal. I will see if I can appeal this one again, although I will wait until near the deadline, and hope a final tax credits letter comes through the post in the meantime.
  2. Good Evening, Hi, I'm looking for some advice regarding a PCN I've received as they believe I wasn't entitled to free dental treatment. I believed I was entitled to free dental treatment as we are in receipt of child tax credits (no working tax credits). I appealed the decision but after several emails between myself and NHSBSA, they have stated that I have to upload a copy of my final tax credits award for the period 2021/22. I have sent them a copy of my provisional award as this is all I have, I was under the impression that I wouldn't receive a copy of my final award until after I have completed my renewal once the tax year has ended? Their staff don't seem to understand the criteria for receiving free treatment, I was initially told that I had to be in receipt of both child tax credit and working tax credit, and they gave me links in an email that actually confirmed that I was entitled. As it stands they are stating that I will have to pay the charge and then claim a refund once I have a final tax credit letter. I'm not in a position to pay the charge, I'm a full time carer and our only taxable income is carers allowance, so well below the threshold. Please could somebody advise where I stand on this, and if I'm barking up the wrong tree or if I have a case? We were in receipt of income support until earlier last year when my wife became a full time student, and have never had issues until now.
  3. Just checked through my phone bill to confirm when I spoke to Citylink using the number posted on Parcel Monkeys website. Upon googling the phone number it is registered to Parcel Monkey Holdings ltd. Surely this also adds to my argument that I was in contact with a parcel monkey representative?
  4. Forgive me for my stupidity, but what amount should I be claiming for, the ebay purchase price including delivery, or for the cost to replace the item at retail value (which would be above the £300 compensation limit)?
  5. I'm more than prepared to go through with it, just need to know if I have a case using the above information?
  6. Hi all. I posted an item by next day delivery to an ebay buyer using Parcel Monkey and delivered by Citylink. I paid extra for compensation up to £300, as the item sold for £262 including delivery. The ebay buyer claimed that they received an empty box within a few minutes of signing for the item. They opened a claim through ebay for an item significantly not as described, got a crime reference number using the Action Fraud website and won the case. From day one of the buyer contacting me I was in contact with Citylink using the number on the Parcel Monkey website, and the person I was speaking to stated that they worked at Citylink dealing with Parcel Monkey issues/claims. They opened an investigation into the missing item at the Birmingham depot where the item was to be delivered from. After a while they came back to me stating that they had interviewed the driver and he had stated that the item was signed for, weighed a significant amount and the contents of the box had not been found at the depot. When I booked the delivery the parcel weighed 9kg. By the time it had got to my local depot Basingstoke according to them it weighed 5kg. So already there was a discrepancy of 4kg. Anyway, all of this took time to conclude. Once this had concluded the person I was in contact with from Citylink referred me back to Parcel Monkey to open a claim. At this point Parcel Monkey replied stating the following: 'Clause 5 provides that all damaged claims must be reported to Parcel Monkey within 3 working days from the scheduled delivery date. Our records indicate that your shipment was delivered by Parcel Monkey on the 29th of May 2014 and that your first notification to Parcel Monkey was on the 12th of June 2014' After a bit of me arguing my point about being led to believe that a claim was underway and that the investigation naturally took time I then contacted them again stating that I would be looking to take them to the small claims court. I used the following from the OFT to try and persuade them to reimburse me: 'I believe that these terms are unfair and I refer to section 2.4.2 of the Office of fair trading’s Unfair Contract Terms Guidance which states: ‘The OFT is likely to object to a term that frees the supplier from his responsibilities towards the consumer where the consumer does not make a complaint immediately or within an unduly short period of time. This applies particularly where: (a) a time limit is so short that ordinary persons could easily miss it through mere inadvertence, or because of circumstances outside their control, and (b)faults for which the supplier is responsible which could only become apparent after a time limit has expired.’ After sending them this they replied that in light of this they would review my claim and get back to me. After chasing them up they have still denied my claim, but this time not stated any reasons for doing so. I believe that the next step would be to take them to the small claims court based on the above OFT guidelines. However, I need to know if I'm completely wrong as I really don't know what I'm doing with all this! Many thanks for any help, and sorry for the long winded and badly worded post!
  7. Hi All, Have already successfully claimed back almost £4000 from Natwest, now thought I'd give Capital One a go. Received statements and have been charged a total of £555 between September 2000 and June 2004. Have been looking at the possibility of claiming CCI, and using one of Vampires sheets have worked out a total amount of interest of £1362.94 at an APR of 26.79% - does this sound about right? What are peoples experiences of claiming CCI - do they pay the interest or will I be backing down at some point and reverting to the standard 8%? All being well will fire off my claim as soon as some more ink arrives for my printer!
  8. Hi Alf, I have a court date as well set for 21st February, was hoping for my cheque before christmas but now have to wait . Why couldn't the judge strike out cobblers defence like dellers?! Oh well, not too long hopefully!
  9. Recieved a general form of judgement or order from the court. It says the following: IT IS ORDERED THAT 1. List for a preliminary hearing first open date after 14 days with a time estimate of 20 minutes to consider evidence required and a time estimate. 2. See attached hearing notice. The notice says: TAKE NOTICE that the hearing will take place on 21 February 2007 at 09:30 AM etc.etc What happens now? Will it make it this far or will thay pay up soon? HELP PLEASE!!!
  10. Thanks Chedder, they do like to drag it out don't they? But we're not going away and they'll have to pay up in the end! The annoying thing is I have a load of charges since starting this claim so will have to do it all over again!!!
  11. Recieved an offer for 50% of my claim a few weeks ago. Am still waiting for the judge to decide on what happens next. Am I likely to recieve the full ammount soon, or will I have to wait for the judge to make a decision? Wanted my money befor christmas but doesn't look like it's going to happen
  12. WELL DONE DELLER - YOU WON FIRST! Just got back online today after moving house, phoned the court about a week ago but they're waiting for judges decision before I can do anything! Will give them a ring again soon, are they 'open' on Saturday's? Once again CONGRATULATIONS - IT'S ABOUT TIME!!!
  13. From a business point of view, if you spot a fake note what do you do with it, simply refuse it and hand it back, or keep it and inform the police? I was of the understanding that you keep the note and inform the police, but this looks like it's wrong?!
  14. Bit annoyed, think I've understated the ammount I'm claiming. Ammount was the charges they owe me & 8% on top of each charge (as per spreadsheet) but I didn't add 8% onto total claim. Bummer! Oh well, just have to make do with just under 4k coming my way! lol
  15. Interesting to note, I've recieved no offer since returning my AQ! Funny how they play it differently with everyone. Would like to recieve a partial offer so that I'm that bit nearer the end. Not long now deller:)
  16. Don't add in charges until court stage
  17. Please can someone reassure me with an answer to my previous question? No offer or response from Cobblers since transfer from MCOL to local court.I'm starting to get a bit worried that I've messsed up. My POC is below: Particulars of Claim Claimant has account ******** with Defendant from 19th February 1997 conducted on their standard terms and conditions.Claimant is claiming the return of £3247.85 taken by Defendant in charges over 4 years.The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 9th December 2002 to 29th September 2006 of £445.90 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.71p. PLEASE HELP, THINK I'M OKAY BUT WANT REASSURANCE!
  18. AQ and response to CPR request taken to court today, copies of both sent recorded to Cobbetts. I have given the local court one copy of the charges I am claiming,as well as sending a copy to Cobbetts. I didn't send a copy of the charges to MCOL (Northampton) - will this affect my claim? Also, the defence from Cobbets has 8 points to it, with point 4 having two sub points to it and point 5 having about 15 sub-points to it. Does this sound right, the POC I used is above so is this a 'standard' reply to this? Please can I have some reassurance things are on track? THANKS!!!
  19. CONGRATULATONS! Hope to be in the same boat as you soon!!!
  20. Hi Dan, no need to feel worried, you'll get all the help on here you need! As long as you follow the guides correctly and post any questions on here you'll be fine! As for the partial refunds I would claim back the remainder of the charges that they havn't refunded - you're claim will end up being submitted to court eventually, at which stage you can claim interest which will give you some of the banks money as well as the money that is rightfully yours! Good luck, and don't worry!
  21. Hi Deller, I'm getting my AQ in today also, will be interesting to see who gets their money first!!! My POC was different to yours, so fortunately less of a 'panic' with my case! I have recieved the CPR request with my copy of their defence, so the standard reply will be sent today with a copy of the AQ I'm taking back. Good Luck!
  22. Thanks Thailand, think I'll wait until after I win this case then pursue the other charges. From more reading looks like I should get my AQ in as soon as possible to speed up the payout! Capital One will be next on my list after this, are they 'easier' to get my money back from than Natwest?
  23. Sorry, I realise that I have to send back the allocation questionaire, but was under the impression that if I waited till nearer the deadline Natwest might have paid up by then. Wanted to know if I should respond with the template for the CPR first as this might make an offer come quicker, or just do them both at the same time. Would be interesting to know if I can add on the charges occured since my initial request, if not would I need to complete another claim once this one is resolved or would a phonecall to the bank after I win my case result in a refund of these charges? Worried they may close my account if I keep asking for charges back/threatening this action again!
  24. Okay, will skip foward a few chapters: have recieved CPR request and allocation questionaire. Am I right in thinking that I should reply to the CPR request, but hold back on the allocation questionaire? Do I send a copy of the allocation questionaire to the court as well?! When I send another copy of the charges do I include all the additional interest that has occured since the claim was filed, and do I add in the court costs also? Another question: since the original schedule of charges was sent I have had numerous other charges, can I add these to the previous charges with interest if I provide information in the covering letter? Sorry for all the questions, want to make sure that I get it right first time to stop them delaying it anymore thatn they can! PLEASE CAN SOMEONE REPLY, FEELING A BIT LONELY ON MY THREAD!
  25. Please could someone in the know check my MCOL POC, I want to make sure that I did it right: Particulars of Claim Claimant has account ******** with Defendant from 19th February 1997 conducted on their standard terms and conditions.Claimant is claiming the return of £3247.85 taken by Defendant in charges over 4 years.The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 9th December 2002 to 29th September 2006 of £445.90 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.71p. Is this right, if not what do I do next?!!!!! Please help, reading other peoples MCOL experiences I'm worried I've not done it right!
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