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    • You don't need to be so specific that you feel that you have to find a story here which is on all fours with yours. The general principles will be fine. Read around the stories and understand the various principles – in particular in relation to the insurance requirement and also why you won't be claiming against Packlink but you will be claiming against Hermes and what you have to say to Hermes when they try to fob you off back to Packlink. I don't suppose you thought to get your customer to obtain a crime reference number? If you had done that in your argument to eBay then eBay would probably have insisted on seeing the crime reference number from your customer. I suppose that now that your customer has his money back, he won't be bothered any more. Read the stories and then come back here when you think you understand the principles and we will take you through the next step.
    • France has passed a law that says all sportspeople must be vaccinated in order to compete.   https://www.theguardian.com/sport/2022/jan/17/djokovics-french-open-title-defence-in-doubt-over-covid-pass-ruling   In separate news, Djokovic has shares in a biotech company developing a drug treatment for Covid.   https://www.theguardian.com/sport/2022/jan/19/novak-djokovic-stake-biotech-firm-quantbiores-covid  
    • That Led By Donkeys video is great, isn't it? I don't see any of them being on the resignation honours list, lol.
    • Hi, I am wondering if I should write a Letter of Action to Hermes regarding a stolen parcel? Below is a timeline of events:   20/11/21 – I sold a collectible item on eBay for £350   21/11/21 – The buyer pays   22/11/21 - I buy postage through Packlink and post via an Inpost locker. Regrettably, I did not purchase additional insurance.   25/11/21 – The buyer contacts me to ask for more tracking information as the tracking on eBay states the parcel has been delivered, but his partner had been home all day and no courier called. I track the parcel on the Hermes website, it states it has been delivered and there is an accompanying map with a pin at his address, along with photograph showing the parcel on his doorstep. I show this to the buyer, who insists there was no parcel on the step and that this has happened more than once recently with Hermes. He asks me to refund him and claim the money back from Hermes. I admit I was slightly suspicious at this point, so I told him to open a case with eBay as I wanted their guidance.   26/11/21 – The buyer opens an “item not received” case with eBay. I update the case with tracking information and details of what has happened.   28/11/21 – I raise an incident on the Hermes website.   29/11/21 – I receive an email from Hermes Support asking me to complete a Loss Claim Form, and for the buyer to complete a Denial Of Receipt form.   2/12/21 – The eBay case is automatically closed in my favour. However, the buyer immediately appeals and the decision is reversed. A full refund is given and deducted from my own funds.  Hermes Support email me acknowledging the completed claim form and state that it will be assessed within 28 working days.   13/12/21 – I chase Hermes for an update. No response.   29/12/21 – Hermes Support email me saying the proof of value I sent does not display the customers name and address. I email them back with one that does.   30/12/21 – Hermes Support email me apologising for the problem with my delivery and tell me I should speak directly to the client. I reply, stating I AM the client, and summarise the details of the initial claim. I receive a further reply telling me to pursue the matter with Inpost as they are regarded as the carrier. I questioned why they had opened a claim, sent me forms etc only to pass the buck almost a month later, but was met with a generic response. I then sent a detailed email to Inpost Customer Care, along with the supporting documents I’d sent to Hermes.   31/12/21 – Inpost Customer Care reply to my email and tell me it is in fact Packlink I need to raise a claim through.   1/1/22 – Claim opened with Packlink. They email me an Affidavit to complete. I complete the form and send it back along with all supporting evidence previously sent to Hermes (and Inpost!).   2/12/22 – A Packlink representative emails me to request the Affidavit again as I have not provided a handwritten signature. I reply, informing them that the signature was indeed handwritten.   12/1/22 – Packlink email me to say their investigation is complete and has been passed to the Claims department for the final evaluation.   19/1/22 – Packlink email me to confirm my compensation claim for loss has been accepted, and the amount of £25 plus the cost of postage will be refunded to my bank account.     I realise that I am in a bad position here, having not taken out extra insurance. However, Hermes own terms and conditions define a Safe Place as "a location which is not an exposed doorstep or otherwise in public view". Surely the courier is in breach of these terms by leaving a parcel unattended on a doorstep?   I have read through a few of these threads but can't find a similar situation where a parcel was stolen from outside a property. Any advice would be gratefully received.
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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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