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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!
       
       
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I am going to court on thur (6th July), help!


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thanks, I know that I may not get to the court stage but if I end up anywhere close like Manolo I will sleep better if I have the evidence ready.

 

caz

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Manolos case was a little different,in general 99% of the cases are sorted no probs.

Not 1 bank have yet been to court and won.

 

If you do get to the stage where you need help,then its on here.

 

I am glad you want to have an understanding of the principles of fighting for the charges together with the legalities.

Well I am sure you will find everything you need to know on the site.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Manolo... where are you? What's the latest? Did Robert get back to you?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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hi manolo,just started reading your thread,I too am from Aberdeen and have had a small claim before - had Mc Lennan - what a pompous prat - the secret is to appear grateful for their time which feeds their oversized ego's.I will be issuing small claims action against halifax in next couple of days too.

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Hi Manolo,

 

I am at the exact stage as you. I appeared at Perth sheriff court on the 28th of July against Nationwide Building society claiming for £1,250 + interest and fees.

 

I thought I was the only one who was unluckly enough to have to appear in court and defend themselves!

 

The judge gave us 3 weeks to settle, failing that we are to appear again on the 18th August. I like you am getting a tad nervous!

 

When is it you are to appear for the 2nd hearing?

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  • 2 weeks later...

Have we heard the last of this case. Are you still with us, Manolo?

 

How are things now? I'm very interested to find out as I had been following your progress.

Bank of Scotland

Letter asking for Statements - 24 Apr 06

Recieve Some Statements - 29 June 06 (rest recd. on 18th Jul)

Planning claim - 30 June 06

Preliminery Letter Sent 3rd July 06 - claiming £4143 (recorded delivery)

Standard letter recieved - no offer - 13 July 06

LBA sent 18 July 06 (signed for on 19th)

Recd. phone call 21st July 06, offered £210 then £600. Refused.

Moneyclaim Online submitted for £4398 (11th Aug 06)

Letter rec.d informing of full reimbursement within 5 days (23 Aug 06)

 

MBNA Credit Card

Planning claim - 2 Jul 06

Letter asking for statements sent 3 July 06 (recorded delivery)Preliminery letter sent recorded 8th Aug 06

Sent LBA 22 Aug 06

 

Applied for RBS parachute account - 3 July 06

More details needed, posted current statemets - 12 July 06

Account open - 14 july 06

 

 

 

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  • 4 weeks later...

bump bump. Any news on this? Is Manolo still around? Looks like I'm being defended against in Aberdeen too. I'll be calling court again on Monday.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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I think Manolo must have left us...

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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where is manolo?? i just spent ages reading this and was really excited to see the outcome..only for it to end here!!

** BOS claim 1 filed 5th Feb - awaiting outcome**

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I've just PM'd her.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 1 month later...

Hi guys, I am so sorry I have not been around in ages. I have not been well and had to move back to my parents for a while, to be looked after, boo. So had no internet access. I am better now and back online. yay!! My claim has been carrying on too.

The second hearing was supposed to be for the 1st of September, but I was not well enough, to travel up to Aberdeen (my parents live in Edinburgh) so they continued it and made the hearing date the 28th September. I then got a letter from Abbeys lawyers saying that I had not handed in proof of these Terms and Conditions I talk of ( complete lie i sent them signe for to Abbeys lawyers and to the court) and they were dissapointed but understood why I could not make the hearing on the 1st September, and to get it all over and done with they are now willing to offer me a settlement of £200.

Then I got a letter from the in court advisior I had been in contact with saying that the Abbey lawyers had still turned up and were willing to pay back the charges. So I sent them a very nice letter in reply to there £200 offer and said, that I was going to keep going for the full amount. I then wrote to the court to say that were were in settlement negtiations and that the court date of 28th september would need to be continued again, as I was awaiting a reply from Abbeys lawyers.

Two weeks later I got a letter saying that DLA Piper were not handling this case anymore and that it was now Ashurst (strange) dealing withi it. I again could not manage the hearing date as I was not well enough. (grrr) and the court date passed and I still had not heard anything back off them. Then last week I got a letter from the Abbey itself, saying that they had decided in this instance to pay the claim in full including the court fee, and that a cheque would be going into my account. Yippeee!!!!!!!!!!! However they have forgotten to pay the intrest, so it means another letter.

So my battle with Abbey is over, for now. I have a second claim to make. But this one will be a lot quicker I hope. I really wish I had been well enough to go to the court dates. I had everything prepared. Maybe next time.

Thank you to everyone wo has been following this link, even though I have not been able to make it on here. Good luck everyone.

 

Kerry x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Well done! Glad you got there in the end! :D

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thanks for keeping us posted and I hope you are feeling better now. Well done! :)

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 3 weeks later...

The cheque was finally put into my account today!!! Yay. Apparently they have a big work load on at the moment! lol. Good luck everyone else. And thank you to everyone who has been so kind and helpfull to me. Onto claim 2! Kerry x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Thank you

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