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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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

Charges description on statements - Please Read


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For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell?

 

wonder no more.

 

you can claim for anything which is deemed a penalty charge, which includes:

 

returned direct debits,

card mis-use,

unpaid standing order,

unpaid item,

exceeding your overdraft,

overdraft interest (see below),

total charges (see below)

notifed fees

Unauthorised overdraft arrangement fees

(more will be added as and when confirmation is found)

 

you can not claim for:

 

ATM (cash machine) usage (typically £1),

an agreed overdraft fee,

anything which is deemed a "service" by the bank

(more will be added as and when confirmation is found)

 

 

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

Overdraft interest calculator thread

 

Total charges (HSBC)

 

Again this is another issue which many people aren't sure about,

 

total charges are reclaimable, they are a seperate issue to the other afore mentioned charges (card mis-use, returned d-d's etc), and are not simply all of these charges added together each month. so they are also claimable on top of the other charges

 

"total charges" also listed as notified fees refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month

 

 

 

Important!

For buisness accounts ONLY the "total charges" include a combination of reclaimable and genuine charges, and you will need a breakdown to exactly know what proportion of "total charges" are unlawful.

Edited by Rooster-UK
Addition.. thanks freaky
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HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

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Unsure about what to claim, or confused about overdraft interest? Charges explanation

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