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    • It's the same council
    • Ok. Please check back  here for a reply tomorrow
    • In 2008 Barclays were challenged on unlawful charges.   Shortly after Barclays terminated the overdraft and the account was closed....apparently banks were known for this behaviour at the time.   Although a  termination letter was served Barclays never sought payment, nor did they enforce.   Barclays sent annual statements until 2019 and the overdraft was registered at the CRA as a "live" account with a status of 6 (the worst status)..   The bank decided to write the balance off in 2019 and update the credit file as settled, although the negative data remains.   In 2019 the bank was informed that the account was statute barred in 2014 and the negative data should not have been recorded on the credit file between 2014 and 2019 - the bank disagreed.   The credit file continues to show the negative data and will not drop off untill 2025.   The damage continues as a loan was declined last week.   Is it fair to damage an individuals credit status for 17 years?????....   Barclays seem to be in breach of the FCA 6th principle of treating customers fairly, the DPA 1998, and the GDPR.                    
    • God where did you get that useless war and peace from? should have ignored them totally until or unless you get a letter of claim.   its not a penalty its a speculative invoice . make 1000% sure pcm have your correct address either on a letter you have already written or a new one   they have 6 yrs   C an you please pop all those photos into one multipage pdf please read our upload guide carefully.  
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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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Thanks for that Zoot,

 

Much appreciate your reply..

 

I think Ill give it some consideration...

 

Looks like the Cumberland are going to try this " counterclaim " malarkey with everyone..

 

 

 

Mandi

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This topic was closed on 03/07/19.

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