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    • I think you're correct Peter,   Could there be a claim using the Durkin precedent ???   Regards
    • I haven't looked at all the details you have given about the claim – but I have seen that in your first post you say that you believe you probably do owe the money, that it is about £250 and that you are prepared to pay it and you are particular concerned as to whether the claim will be dropped so that you won't have a judgement which will impact on your credit file. The answer is yes, if you pay the sum claimed plus costs – then that would bring an end to the matter. I suggest that you email the claimant immediately and tell them that you are paying it and that they can withdraw the action. They will want the money before they withdraw the action so you need to get that moving. If later on you feel that there is a mistake and you shouldn't of paid it then we can help you recover it. But probably in view of the relatively small sum and the long-term impact on your credit file and mortgage hopes, the best thing to do would be to pay it. After that if there is any dispute – you will have the moral high ground
    • You can start off making searches on the land registry website to check the owners of properties. However, if property belongs to his wife then I can imagine that this guy has already protected himself by making sure that he has no assets personally. Also, starting off by trying to claim a larger sum in the hope of getting a smaller sum – won't work. I think is extremely important that you are realistic about the situation immediately. In other words, find out exactly what the cost of repairs are and then set that gets the money you've already paid/money not yet paid – and then come up with a figure. There's no point in setting yourself completely unachievable targets which will simply have the effect of discrediting your claim.   When you come up with a proper figure then we can start to discuss options. I see that apparently he says he is still insured that he has either refused or he has failed so far to contact his insurers. Also, I asked you for a clear bullet pointed chronological breakdown of what has happened – and you haven't provided it
    • Hi.   Well, we're a consumer group and we'll do our best.   Please wait for the forum regulars to turn up but I think your last paragraph says a lot, it's a significant case for the PPCs and could deprive them of income.   People should be along later.   HB
    • Yes. we realise that there has been an error on his part but he had been in contact with them all before Christmas (about 6 emails) and he also had correspondence a few days before telling him that they were having to cancel his shift on the 27th but was still on the rota for 28th December. He didn't occur to him that they did not know as when we received his result he wrote to inform them (which didn't get sent). 
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

My Banks filed a counterclaim..!!!! Urgent advice needed please


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Hi All,

 

First post here... Wish me luck!!

 

Can anyone advise me please..

 

 

After a delay my bank has finally sent a breakdown of charges to my account for the last 6 years ( or not as the case is!!)

 

Firstly

their actual charges are missing from the statments..

 

eg. 1st April £10.00 overdrawn

 

 

4th April paid in £100.00.. cleared balance £ 70.00.. ie £10.00 overdraft, plus £20.00 charges, the charges have obvously come off the account between the 1st and 4th, but are not showing as a debit on the statments they have sent,

 

also, in the accompanying letter , they say that they have sent all statments, up to and including 11th Febuary o6... but I cant find anything after March 05..

 

Their 40 days ends on the 11th.. How do I stand legally, as they have failed to send all of the requested information., IE their charges, and charges form March 05

 

As anyone come across this...

 

Any help would be really really appreciated.. Cant let them get away with this

 

 

 

Thanks

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If the charges are not itemised, it may well be that you have entries on your statements that say something like:

 

Total Charges Jan - £60

Interest - £1.25

 

If they have not broken it down completely then you will need to trawl through them again to identify these entries. Regarding the missing statements: there could be a couple of reasons:

 

  • Did you request a full set going back six years?
  • Have you sorted them into chronological order?
  • What condition were the statements delivered in (was the envelope ripped up, and open to the world?)

 

If the answer to the first two is 'yes,' and the answer to the third is 'poor condition' then you have a good argument to send to the Information Commissioner. There has been much talk of postal/account security on this board over the last fortnight.

 

If the envelope was okay, and you answered yes to the first two points, have you contacted the bank again to check on progress of the missing statements? You are not obliged to do so, but for the sake of a few (as opposed to half of them) it may just have been a delayed envelope. Some banks are sending statements out in batches, and this may be the answer to your query.

 

However, remind them that they have 40 days to comply with your request, and that failure to comply will result in an official complaint to the IC.

 

If the information still does not turn up in the 40 day timeframe, calculate the charges that you do have, and extrapolate through to the missing months for your letter before action. If you do a search in the group for 'estimated' you will find more information on claiming an estimated refund.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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I'm looking at Halifax statements for a friend - they have only shown 'charges' from at least Jun 05

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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I've had the same problem with the BOS

 

They stated that they had another system previously & that the person who dealt with my request obviously overlooked this.

 

I have now requested this information for the third time (by telephone & still within the 40 day limit)!!!!

 

Hopefully when I get I can start the ball rolling

 

Best of luck

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Please could you also confirm the name of the bank in case this is the start of a trend.

 

 

Yes No problem... Cumberland Building Society... Branches in Cumbria, and SW Scotland only..

 

Theyre in such a flap about this, that all my correspondence has been sent by the Societys Solicitor

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I've had the same problem with the BOS

 

They stated that they had another system previously & that the person who dealt with my request obviously overlooked this.

 

I have now requested this information for the third time (by telephone & still within the 40 day limit)!!!!

 

Hopefully when I get I can start the ball rolling

 

Best of luck

 

Dino, what did you say to them ...Did you ask for another breakdown of the charges.. They only have util the 11th.. What happens if they dont send me statements from March 05 until Feb 06.. Do I then forward to the commissioner...with a complait... Once I get over this bit I know what im doing..

 

 

Thanks All

 

 

Mandi

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If the charges are not itemised, it may well be that you have entries on your statements that say something like:

 

Total Charges Jan - £60

Interest - £1.25

 

If they have not broken it down completely then you will need to trawl through them again to identify these entries. Regarding the missing statements: there could be a couple of reasons:

 

  • Did you request a full set going back six years?
  • Have you sorted them into chronological order?
  • What condition were the statements delivered in (was the envelope ripped up, and open to the world?)

 

If the answer to the first two is 'yes,' and the answer to the third is 'poor condition' then you have a good argument to send to the Information Commissioner. There has been much talk of postal/account security on this board over the last fortnight.

 

If the envelope was okay, and you answered yes to the first two points, have you contacted the bank again to check on progress of the missing statements? You are not obliged to do so, but for the sake of a few (as opposed to half of them) it may just have been a delayed envelope. Some banks are sending statements out in batches, and this may be the answer to your query.

 

However, remind them that they have 40 days to comply with your request, and that failure to comply will result in an official complaint to the IC.

 

If the information still does not turn up in the 40 day timeframe, calculate the charges that you do have, and extrapolate through to the missing months for your letter before action. If you do a search in the group for 'estimated' you will find more information on claiming an estimated refund.

 

Good luck.

 

 

 

 

Thanks Spice,

 

Envelope was fine, and the covering letter said that all charges up to and including 11th Feb were enclosed, and last years are definately not there...

 

Is it worth asking or just leaving it, until the deadline, in 0ne week...

 

 

Thanks again Spice

 

 

Mandi

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They have their deadline - if you wish to ask again you are free to do so. However, you have made the request, and are not obliged to offer them a reminder. It really is up to you, but if the request is not fulfilled by the deadline then definitely send the complaint to the IC. Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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  • 2 months later...

Hi everyone,

 

Im new here, but have been reading for a while. Please could anyone give me some advice..(-:

 

I have read tonight that my Building society have just acknowledged my claim for unfair charges. They are a small local society ( which is why I have posted here,)

and right from the word go, have been reluctant to provide any information.. Including sending copies of my statments ( 38 days!)

 

All along I have said to myself that they will not give in without a fight..!!

 

 

Anyway question is,by acknowledging my claim, are they are still stalling for time.. Or am I going to be case number 2 in court...( confused)

 

I would appreciate any advice, or help...

 

 

Thank you

 

Mandi

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They may or may not choose to go to court. Simply acknowledging the claim is not a clear indication of their intent. It's an administrative move to give them some extra time to file their defence.

  • Confused 1
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Thanks Semi

 

Im a little unsure what happens if they do file a defence, is it then that the court date is arranged..Sorry to ask, and if a court date is arranged, can they still settle "out of court" before the hearing..

Im almost sure they will go on to the bitter end with this

 

 

Thanks so much for your help

 

 

Mandi

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Don't panic. They probably will file a defence, this is perfectly normal and to be expected. What may happen is that they file a defence and then offer to settle for 50%. What the vast majority of users are doing is refusing the first offer, because it is invariably follwed by an offer to settle in full.

 

The first time you do all this it can be a bit scary. Everyone convinces themselves that they are going to be 'The Chosen One' who the banks are going to make an example of. All I would say is that it hasn't happened yet, and there's no reason why it should be you. Kepp the faith!:)

 

Good luck, and keep us posted on your progress. remember, there are plenty of people on the forum who will be only too happy to give you support and guidance.

  • Confused 1

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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Thank you so much, Robert

You really have put my mind at rest.. (-:.. ( big sigh of relief).. ( in fact major big sigh of relief...) Ive been fine until today, their replys have been Text book..

 

I used to work for them.. Which has put me on edge So I know whats happening.. managers meetings, solicitors meetings.. Then the old fuddy duddy directors meetings...(-;

Scary or what...

Would you mind if I stayed in touch with you.. would be nice to have a knowledgeble person to talk to

 

 

Thanks ever so much for your reply

 

 

Mandi x

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Don't forget that you are the one calling the shots now, so they are probably trying to find how they can wriggle out of the situation. Just stick to your guns and don't let them intimidate you. I am sure you will have much more advice and experience available to call on than they will, so they should be the ones who are squirming.

  • Confused 1

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, 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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Don't forget that you are the one calling the shots now, so they are probably trying to find how they can wriggle out of the situation. Just stick to your guns and don't let them intimidate you. I am sure you will have much more advice and experience available to call on than they will, so they should be the ones who are squirming.

Thank you Caro,,

 

Im almost sure the directors will be Squirming in their chairs.. (-: Expecially after Tonight.. ( With the one and only Trevor McDonald.. I actually have felt in " control " until today, so I really need some support.... and so..

 

Thanks

 

 

 

Mandi

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Ive recived a letter from the courts today, to say the society intend to defend the case... Please can you advise me what to do next..

 

 

Sorry for the daft question..(-;

 

Thanks again for the advice

 

 

Mandi

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Don't panic - you are way ahead of me in your claim but I would suggest that you look again at the FAQ's, look through the libraries on the forum for information on how to proceed, and also look at the court buddy system and see if you can find someone to help you through. You are in the right place to get help. :)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, 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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Thanks again caro,

 

 

I didnt even know about the court buddy sysem, so youve been really really helpful..

 

I will have a look see what I can find (-;

 

 

Mandi

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Hi Mandi,

 

It's now down to the staring match between you and the bank - all you need do now is simply wait until they actually file their defense (which you will recieve a copy of). When/IF they do so, you will then be sent an allocation questionnaire - it's usually after returning this that you get your first settlement offer (From what I understand, anyway).

 

As others have said - we're here to support you, so good luck and keep us informed!

  • Confused 1

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi Mandi,

 

It's now down to the staring match between you and the bank - all you need do now is simply wait until they actually file their defense (which you will recieve a copy of). When/IF they do so, you will then be sent an allocation questionnaire - it's usually after returning this that you get your first settlement offer (From what I understand, anyway).

 

As others have said - we're here to support you, so good luck and keep us informed!

 

Thanks for your reply Reload ( just read it)

 

Im a little aprehensive, but dont plan on stopping this until I reatch the end,,

 

Not long to go now, claim acknoledged on the 2nd, so should know something by next Friday..

 

 

Thank god for the replies everone sent me!! (-;

Your a great lot..

 

Will definately keep you posted....

 

Cheers

 

 

Mandi

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  • 4 weeks later...

Hi Everyone,

 

Well my bank still digging their heels in, and I have now received a court allocation questionnaire.. Including a Couterclaim from my bank for past refunds to my account given as Gestures of " goodwill"... !!

 

Has this happened to anyone else. ?? And most impostanly... What Do I do next please... ????

 

Im in receipt of benefits, and its going to cost me £ 100.00 when I return this form, so I need to do it properley..

 

I also have limited time to return it... SOO PLEEESE can anyone advise my.. I will be most greatful

 

 

Thank you

 

 

 

 

Mandi

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Can you post the wording of the counterclaim?

I can't see them having a leg to stand on as a gesture of goodwill is voluntarily paid by the bank to you as a gift.

  • Confused 1

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Yes Here goes

 

 

 

and the defendant counterclaims

 

1. £ 116.00 or such other sum as the court finds due as set out in parag 26 herein

2. Costs and expenses as a matter of contract, as set out in parag 29 herein

3. Intrest

4 alternatively to (2) the costs of these proccedings as a matter of discrettion of the court

5such further relief as may be necessary or desirable

 

 

Basicly they want their money back plus intest, and court costs

 

 

 

Any ideas now please,

 

 

Thank you very much

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