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    • Hi All,  I would appreciate a bit of advice re a speeding offence.    I lease a vehicle and the leasing company received a Notice of Intended Prosecution (NIP) dated  7/1/21  relating to an alleged offence speeding offence (fixed camera) on 12/12/20.   As soon as I heard from the police, I wrote back and informed them that the notice was well over the 14 days set out by the Road Traffic Act. and sent them a copy of the notice issued to the leasing company dated 7/1/21.   The police persisted in simply replying and advising me that the it was issued within 14 days! After four letters from me, asking them to explain how this could possibly be within 14 days, they eventually put a bit more meat on the bone and said that an NIP was sent out on the 15/12/20, which would, of course, be within the statutory time.    I then contacted the leasing company again,  and they have confirmed that the only NIP that they received was on 7/1/21, otherwise, they would have contacted me earlier!     The NIP dated 7/1/21 presents as an original notice, not a reminder; not sure if that is relevant.    Any suggestions as to how to deal with this one?     Many thanks.      
    • was your car on the public highway.? and how far were you into the LBL when they took it.?   outline when you took the loan out? for how much and how many months for?   dx  
    • Yes, if you don't want their money then this is the time to write to them rejecting the offer and threatening to start County Court proceedings and 14 days. Don't imagine that your letter of claim will have any effect. It simply a formality and you will have to issue the court papers. If you want to send a letter of claim then post up a draft so we can have a look. Keep it short and to the point. Make sure that you understand the next step – which is issuing the claim
    • i've done it now.  
    • Sorry,  it won’t let me edit it.
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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

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Just thinking a useful addition might be a letters thread where any consumers replies to banks etc. could be posted for reference or copying.

 

I know we have the templates which are absolutely great but there are a lot of letters out there which i have found a great reference but can take ages to find. An example would be if the bank offers a small settlement and you want to write back accepting it as an interim payment I was looking for a letter for this today and it took me ages to find but if the letters were all in one place then this would be very helpful.

 

Woolfie

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Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Dear Mr Banker

 

Thank you for your offer of £xxx.xx as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

 

I shall continue to proceed with my action to recover the remainder of my claim.

 

 

I don't feel this should be a 'template' as it is just a couple of lines saying thanks but no thanks. What are the other 'lots of letters' you can't find templates for?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I agree that it shouldnt be a template however a sub thread with the letters in it would be good.

 

Bookworm did a really good letter to Barclaycard which took into account the estimate of charges due to the DPA information that was given.

 

These are the sort of letters that should be in the sub-thread.

 

It, hopefully, would make things easier to find for newer users of the site.

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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woolfie

agree that it shouldnt be a template however a sub thread with the letters in it would be good.

 

I agree.

It took me quite a long time to research all the options I might need.

To have them all in one thread would have been a great help and saved a lot of time. Not everyone has the luxury of having plenty of free time - like me.

I am posting all my litigation correspondence with Nationwide in my thread to help the newcomers and give them confidence.

 

 

 

jwright

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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  • 3 weeks later...

Exactly what I was thinking ( or sort of )

 

but yes, as this site grows with its wealth of information and advice it starts to become very very time consuming and difficult to find exactly what letters forms etc are needed, especially for newbies.

 

good idea.

 

:rolleyes:

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Sign the Phil Whitmore petition: http://petitions.pm.gov.uk/PAYUSBACK/ :)

 

 

Abbey Current Account claim for charges £1307.11

 

26/01/07 Awaiting court date

25/01/07 Courts lost my file!! Said it will be sorted soon

23/11/06 Defence recieved from Abbey

20/11/06 Statements a full 6 years received

16/11/06 AQ completed & submitted

30/11/06 Claim number 6SQ06250 recieved from courts

24/10/06 Claim submitted to courts x3 copies

21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06.

21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06

11/07/06 Reply to Pam Speed Data Protection Act fob off letter.

10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06.

29/06/06 Data Protection Act statement request sent

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