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    • If the judge agrees that they are responsible for the consequences of the poor fitting – then yes, the judge will most likely award the entire amount of £480. There are two things to persuade the judge about: that the gasket blew as a result of the poor installation of the turbo that the cost of the work replacing the gasket was not excessive – in other words it was a reasonable cost. Of course we will support you in that we will give you advice and help you prepare – but of course at the end of the day the case is yours to win or lose. You know that we are thoroughly on your side. As I have said already, it will really help a great deal if you can get some garage mechanics to agree that the poorly fitted turbo would be likely to result in a blown gasket. If you have got the evidence – the old gasket and the bolts – then that will be very helpful. But you will have to do a good statement – and do some pictures. The way to do this statement would be to describe what has happened and then when you come to the turbo, for instance, you put in brackets (picture number one). When you come to the bolts, then you do the same thing (picture number two). Et cetera. That way you have a concise readable statement which references the pictures which should be stapled to the back of it. Also of course you will produce the bolts and the gasket in court. I think what will also be very helpful is the fact that the garage attempted to avoid you and to refuse to deal with you. I don't think the judge will be very impressed by that and this will assist you a great deal.  
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    • there is no template but as you say you saw the FTMDave reply ...
    • think it might need a bit of fluffing out. but look like the basics are there    
    • Good morning DX  good to see you!   i saw the same post too so thank you for sharing!   I am not that great with snotty letters etc, any pointing of where to get an idea/template from?   happy to type something up but I have no directing in which way to take it.   appreciate it!   Gee
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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
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mebuck v Halifax ***SETTLED IN FULL***


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Hello.

 

OK - A letter came today which prompted me to call the Halifax in order to find out why they are not including 8% in their settlement figure.

 

Before I explain their latest response, I thought I'd recap exactly what's been said during our correspondance so that a) I'm not running the risk of misquoting and b) I get the best possible advice.

 

On the 6th September 2006 I filed my court claim online and received this response from Halifax:

 

letter1a.jpg

 

letter1b.jpg

letter1c.jpg

 

In the Halifax's response, they told me that my claim was £85.59 higher than it should be and quoted they'd give me:

 

£1235.50 in charges, £319.16 "in respect of approximate interest that Halifax has calculated was charged on your account as a result of charges" and £120.00 in court fees.

 

Hang on, where is the 8%?

 

I thought that what they'd done was calculated that they owe me more interest (319.16 when I only calculated approximately 188 with the spread sheet) and so then conveniently forgot to include the 8% on top of everything. This consequently brought the requested figure from £1760.25 to £1674.66.

 

I considered this could be a money saving tactic. IE. Offering me more fundamentally, but taking with the other hand - leaving them better off.

 

My response to this letter was:

 

 

letter2a.jpg

letter2b.jpg

letter2c.jpg

 

Here, I basically took the new figure which I believed was their Interest Debited Estimate on charges... and added 8%.. along with 8% on the penalties etc. Just like in the spreadsheet.

 

I expected to hear back from them saying they'd give me the extra 8%, bumping the claim up to £1914.22, but this was their response:

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letter3.jpg

I rang up customer relations straight away, and the woman on the phone said that the interest they calculated (£319.16) was NOT the interest debited from my account (even though I was led to believe it was from their previous letter) but it is the interest I am entitled to, it is a high rate, and I cannot claim any more interest on top of that figure.

 

 

It would appear that we are both running out of time with the courts and need to come to some kind of arrangement fast. They are only giving me a few days to respond before they inject the cash into my account!

 

What should I do? I would really like a few different responses so I can make my mind up.

 

Please please advise! And let me know if I'm totally misunderstood here.

 

Best Regards,

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Got abit of a slap wrist from bankfodder as my calculations were sloppy and my court claim didn't include an account number!

 

If only they'd give you more room to write it.

 

Settled with Halifax! May have been a bit short due to a discrepancy with the estimated interest, but pretty good!

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This echoes what happened to my claim. If, as it seems, Halifax are paying out some form of compensatory interest, why can't they inform us how this amount is made up and avoid all the confusion?

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I think I can see what's happening here.

 

Looking at the scans above, it seems that The Halifax are paying interest at a rate of 8%, but appear to be compounding it annually. In other words it is neither being paid as a simple rate from the date of each charge nor as a compounded daily rate.

 

So what's happening is that all charges for any given year are totalled, 8% interest is calculated on that amount, the new total is added to the sum of the following year's charges...8% is calculated on that amount, and so on.

Halifax (current a/c)- £3705.00

04/09/06 - S.A.R - (Subject Access Request) sent - lost by P.O.

20/09/06 - Prelim letter sent (special delivery)

30/09/06 - Reply to Prelim; Received statements

04/10/06 - LBA sent (special delivery)

14/10/06 - Offer received - £962 (err..no)

17/10/06 - MCOL issued: £3705 + £777.11 interest

19/10/06 - Moneyclaim acknowledged w/intent to defend

28/10/06 - SETTLED IN FULL!!

To be continued: Capital One(charges); Citi/Associates(charges); GMAC(ERC); GEMoney(charges); TMG(charges)

 

 

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If that's what they are doing, why can't they explain it in their letter, rather than trying to confuse people over the amount?

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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