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So sorry to hear this do yo mind confirming his name for me .. I too plan on taking him to the small claims court ...
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Thanks now working and i've had a read. I seems to make sense. They claim there were pressured into it, but were written to half way along advising it was optional and that would have been their time to complain. In my case, I certainly didn't have anything saying it was optional, either at the start or part way through. My form submitted in 2019 said Finally, tell us now why you are unhappy with the policy(s) that you purchased: I was told the ppi/associated insurances were compulsory for my situation and type mortgage and only recently learned this is not the case. Where do we go from here please?
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I would rather not get into the restitutionary claim for compound interest argument tnook far too convoluted...if your claim has no merit on the basis at simple interest award IE section 69 8%...then Im not sure why they are refuting your compound interest claim....unless they are unsure what a court may award.?
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I'm in thank you so much for your help,
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Just reviewing their arguments. They seem to have moved on to another Supreme Court hearing which they claim overrules the Sempra Metals case for restitution. I think they are trying to say that I they could not gave enriched themselves from me because I didn't endure a loss? Makes no sense. I did endure a loss, I lost the funds/fees and they benefitted from them. The Prudential case seems to be about a clerical mistake, however my case is about unlawful charges over a period of time. So they should not be related. Could you please check I am not going mad? This was their wording"
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Our picks
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
waz70 posted a topic in NatWest Bank,
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-
- 33 replies
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waz70, -
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