Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Okay thanks. You can either bring a contract action against Parcel2Go or against Hermes. Additionally you could bring a negligence action against Hermes because clearly the telephone was in their care and they at the very least acted negligently – and I suppose it would be possible to say that somebody in their employ may have acted dishonestly. If you sue Hermes in contract they will try to say that your contract is with Parcel2Go – and that would be correct. However you would then rely upon the Contracts (Rights of Third Parties) Act which confers upon you as a beneficiary of the contract all the rights of a contracting party. You would not enjoy these rights if you are specifically excluded by the contract between Parcel2Go and Hermes – but we have no evidence that this has ever happened so far. Even if you were excluded as a beneficiary of the contract, you would still be entitled to bring an action in negligence. It might be more straightforward to go for Parcel2Go – but in this instance there seems to be some clear evidence of dishonesty. I'm assuming that you can gather written evidence of this activation – the fact that the warranty has been started and that this is a clear indication that the phone has been activated by someone. Because of that embarrassment factor – that element of dishonesty somewhere in the Hermes chain – I would be tempted to sue Hermes directly, relying on the Third Parties Act and bringing evidence of the deliberate tampering with the parcel before the judge if it went that far. Generally speaking Hermes will put up their hands when threatened with court action for a small sum. I think for some of £500 they would probably normally force you to a hearing – but I think that in this case as you seem to have good evidence that there has been some deliberate intervention by somebody working for Hermes, I think that it is very likely that eventually Hermes would back down – and they would do well to do so and start cleaning up their own backyard. I don't know if there are any distinction features about your telephone – but I suggest that you start keeping an eye on eBay. So you decide. You can bring a contract action against Parcel2Go – who will also say that you didn't have an insurance. Or you can bring an action against Hermes who will say that you had no contract with them and you had no insurance. In respect of the no insurance your position would be that if they want insurance against negligence or contractual breaches or against the misdeeds of dishonest employees then they should insure themselves. You have paid the delivery fee and you expect them to carry out the delivery. This argument would apply whether you are suing Parcel2Go or suing Hermes. I suggest that you send an initial letter of complaint. Give them 7 to 10 days. I have no doubt that they will knock you back – then you issue the letter of claim. If you never done this before then you should spend a little bit of time looking through this forum that the steps involved in bringing a small claim in the County Court. It's not difficult but you should be aware of the steps so that you have confidence in what you are doing. When you send the letter of claim – you will given 14 days before bring a legal action. If you don't really intend to do that then don't send the letter. Don't bluff. You send the letter of claim and on day 15 you issue the good news. In the intervening 14 days, register with money claim and start preparing your claim. You can save your work as you go. Let us see the draft claim before you click it off. Your risk factors include – loss of claim fee, loss of hearing fee if they push you to a hearing, time and money spent travelling – probably to your local court. All of these risk factors are relevant in the event that you lose. If you win then you will get all your money back plus the value of the phone and you will also claim 8% interest on the value of the phone – which is a pretty good rate nowadays. Your chances of success, in my view, are better than 85%. I see that a suggestion has just been made by Three Legs in Exile 😄  that you should try and get a crime reference number. Good idea.  
    • If you think you have clear evidence of theft, I assume you have reported this crime to the police?  (I don't expect the police to be at all interested in this, but you ought to be able to get some sort of crime reference number which may be of assistance later).  If I were the carrier I'd be asking you this question, and if you haven't reported it, I'd want to know why you haven't.  (I'm not sure "Well I know the police won't do anything" would be a satisfactory answer.)   I tend to agree with BankFodder that you, the customer, shouldn't have to pay for insurance to cover the carrier performing the contract as agreed - that should be their problem.  Difficulty is you may have to go to court to get your money back - and the court may not agree.   I see you've just posted while I'm typing.  So you have reliable proof that the 'phone was activated while supposedly in transit?  And you could get something in writing (maybe even a witness statement if necessary) from your purchaser that the package had been tampered with?  Then I'd go back to the carrier(s) with this evidence (plus a crime reference number form the police) and say you want the value of the 'phone back.  (Did you declare it's value at any point, and do you have proof of what you paid for it?)   If they don't play ball, then for £500+ I'd be considering suing them.  I'm not saying you'd win, but what's to lose?   (just a couple of thoughts.  Do you have proof of what you sent?  Did you either video it or do you have a receipt or anything saying what the parcel you consigned weighed?  eg if it weighed, say, 750g when you sent it but was empty on receipt, that indicates it was "missing" on arrival.)
    • Looking for some advice regarding dealing with the Debt Collection Department at Trafford dealing with an 'over payment' from 2005/2006/2009/2010 totaling over £8000.00.    Was in discussion with HMRC back in Early 2017.  Their last letter being April when they listed the years they were claiming for and stating the reason it was an over payment was because we hadn't signed and returned some declaration in 2005 + 2006 + 2009 + 2010.  My last letter to them stating it really wasn't an over payment they were just claiming back every penny we have ever been issued because of 4 unsigned forms went unanswered by them.  Nothing else from them until last month came the letter from the debt collection department.   I immediately issued a letter stating I didn't agree with the amount being claimed. I didn't think it was an over payment.  We were entitled to the money that they had 'awarded' us and to contact the previous person I had been dealing with three years ago.  I requested they obtain copies of all correspondence from 2017 and send me a copy.   On 02/04/2020 I received a telephone call from Trafford to say thank you for the letter, they couldn't obtain the documentation I had asked for, I had to do that myself and then could send to them and due to the virus they were suspending collection of this amount.  The person on the phone couldn't advise me how long it would be suspended for.  I asked him to put it in writing advising me they couldn't get the docs I have requested and that it was temporarily suspended. On 03/04/2020 I received a letter to advise they were applying to my employer to instruct them to adhere to the attachment of earnings order and deduct a percentage of my wage and send to them.  It had a copy of the letter inside addressed to my employers. On 06/04/2020 I received a letter thanking me for my letter of the 17th March.  They attached a sheet detailing the over payments that they were claiming.  Confirmed they could not request the previous correspondence and I should request this direct from HMRC.  In the event of a dispute I had to contact HMRC.  They wouldn't suspend collection until advised by HMRC but under the circumstances they arr temporarily suspending recovery action.  They will write to me soon about paying it back.   2005 £821.53     2006 £1635.14     2009 £390.76     2010 £1298.62   My husband has received an identical letter with the same figures on.   I am unsure what to do now.  I don't  want to sit on it until they start up the recovery again.   Do I now contact HMRC and continue to argue this out with them? Can they legally take money from my wages even though I am disputing this? Does me not signing a form constitute them being able to recover everything I have been paid?   My youngest child left school in 2016 and I never claimed for 2007 + 2008  + 2011 + 2012 + 2013 + 2014 + 2015.   Can anyone advise me of where I go from here? Thanks in advance of any help anyone can give me  
    • OK will try to be succinct. Old prop mgmt agent acting behalf of RTM company messed about last year with bills and could not all 4 leaseholders to agree on their charges. I paid first half of year and was awaiting news re remaining bill. At end of year had letter stating they were stepping down.   January 2020 new agent in charge. Bill for whole year sent, plus arrears. Service charges are due twice yearly, not in one lump, as per the lease. They billed for whole year. I queried it. In the meantime I had some emails requesting payment. In January I decided just to pay the arrears in one payment ( plus an extra £100 on top as part payment for new charges, ) and set up a monthly standing order to pay the rest. The payment was set to start in Feb, but for some reason the bank didnt pay it until march, so I rectified it in March by paying that one one plus one extra. I informed them of this. Payments have been accepted and they have sent a revised statement this week showing such- after I sent them proof I had paid 3 times already.   Come June, I would be fully up to date with all previous bills, they should then send the June- December service charge bill. They keep insisting on payment asap.   In March whilst payments were going on and after the lump sum + 2 payments had been met, they say they sent a letter requesting a payment plan even though one was already in place. I did not get that letter. In March they sent it to the sols for debt collection- I got a letter from the sols + their own £250 charges stitched on. I have not replied to them yet. I have replied to the agent stating I won't be paying via the sols and that payments are still set to continue.   Ultimately, even with the new service charge coming in June, by August the bill I will be paid anyway. I feel their demands are totally unreasonable, given noone can work at present anyway. I have a letter prepared for the sols in reply but i'll wait as long as possible before sending as I have 30 days to reply and by then all arrears will all be paid, plus part of the upcoming bill. The lease is very old and there is no mention of debt collection charges at all. It states the lease service charge is paid in advance at end of June and end of Dec every year.
    • Hi BankFodder,   I stated that the contents value was the sold price on eBay £525   I luckily had a pic of the serial no of the phone. I checked the serial no of the device via the apple website https://checkcoverage.apple.com/gb/en/ and it stated that the 1yr standard apple warranty expires on the March 17, 2021 which means the phone was activated on March 17, 2020 - which if you refer to my timeline the phone was supposedly in 'transit' at that time
  • Our picks

tetley75

Citi cases ***WON***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4123 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Will PM you some details.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Well...long story short, i had a default on my credit file from 2004

 

I'd recieved a Default and was not aware of it. :o:mad: - though i had entered in a "full and final" settlement figure for the loan i question - and had this in writing

 

After some to-ing and fro-ing with CF, i had a call with a nice chap from the central department who explained they would be removing the default information, as having carried out some internal research "elements were a-miss" :rolleyes: I wonder what ???? lol

 

Cool! :-D A Good result - All using the template for "removal of default" from his site.

NICE WORK

Edited by veester
Fuller details

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

Share this post


Link to post
Share on other sites

Interesting, but have heard that Citi have a reputation of not sending out default notices.

 

In one instance someone had Citi register a default against them 2 years after they expected it to occur as well.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Very good news, i suppose this shows it is possible to remove defaults now!


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Share this post


Link to post
Share on other sites

Fairly easy, if they haven't sent out a Notice Of Default then it hasn't been carried out lawfully.

 

Likewise if a default contains any unlawful penalty charges it similarly will be inaccurate and as such the recorded default will be unlawful.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Absolutely - agreed on both counts.


Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

Share this post


Link to post
Share on other sites

Just would like some more advise please...

 

I've now received my court date with CITI 9th July, Do I have to attend as I would rather not and do you think I'm going to win I'm starting to get cold feet.

Share this post


Link to post
Share on other sites

Yes you will have to attend to win - what does the notice from the court say?

Who is representing Citi? Is it eversheds?


Consumer Health Forums - where you can discuss any health or relationship matters.

Share this post


Link to post
Share on other sites

The letter doesn't say, what will I have to do at court?

 

It just says the judge has considered the statements and allocation questionnaire submitted in this claim and has decided that an allocation hearing/preliminary hearing is necessary before a final decision about the allocation can be made.

 

says defendant: Citifinancial Europe Limited

Edited by iwantoneplease

Share this post


Link to post
Share on other sites

Its an allocation hearing, so will likely be a case as to whether he stays it or allows it to continue to small claims court.

 

Did I previously send you details on compiling your bundle?

 

It won't be necessary to do the whole thing, but there maybe materials which will be handy to use to get the draft order adopted - if you didnt send in with your allocation questionnaire.

 

From the point of view of avoiding a stay, you can state that you beleive the claim should continue to hearing - as the current OFT court case relates purely to overdraft charges on bank accounts.

 

There is a report already in place relating to credit cards published by the OFT in April 2006 which the defendant has complied with. The issue here is whether the charges made by the defendant accurately represent its costs for an instance of a default of contract.

 

Previously the defendant has submitted conflicting cost exhibits to courts, as such you would appreciate the consideration of the draft order to bring all matters to the fore and avoid the waste of valuable court time.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Hi, just found a letter it is eversheds representing them, I sent all the information you sent with the allocation questionnaire, starting to get really worried about what I will have to say or produce in court now which is on the 9th?

 

Any Advice please?

 

This is what I sent with the allocation questionnaire..

 

When returning this, also include the following.

 

Copies of these 2 cost exhibits from Citi.

 

Exhibit 2 document:

http://i26.photobucket.com/albums/c1...osh/img203.jpg

 

Exhibit 2 revised doc:

http://i26.photobucket.com/albums/c1...Untitled-1.jpg

 

And the following letter, seperate draft order. Ammend with your details or to suit your claim.

 

(name)

(address)

 

(date)

(telephone#)

 

Judge xxxxxx

c/o The Court Manager

(court address)

 

Claim Number: xxxxxxxxxxxx

 

Dear Sir/Madam,

 

My reason for writing is with regard to my claim.

 

At present courts are receiving instructions to stay all penalty charge claims in ligh of a test case that the Office Of Fair Trading is taking to the high court. This case relates to overdraft charges on bank current accounts and not credit cards for which there is already an OFT report in place that the credit card companies have agreed to obide by. I am aware of a number of claims that have been allowed to proceed because of this fact.

 

As a litigant in person I would like to have my claim held at ****** County Court, I object to any transfer requested.

 

I also feel it important at this time to inform the court that the defendant is one of the few banks that will not settle before a hearing, hire legal representation and routinely requests stays without any intention of attempting to negotiate a settlement and generally delay to pertract a claim to take as long as possible resulting in the waste of valuable court time.

 

The defendant also seems unsure of it’s own costs, an exhibit giving a pre-estimate of £12.88 was submitted to courts for more than 6 months, recently a pre-estimate of £13.47 has been submitted in claims. As these are both based on the same years figures (2006), from the same formula, with the main body of text being exactly the same it does raise serious questions as to what the defendant is submitting.

 

In the Skeleton Argument that the defendant has been submitting to court the defendant states that using it’s own method prior to the OFT report its calculation for it’s pre-estimate cost per default was £27.42. However at the time it only charged customers £25.

 

Currently the defendant levies a default fee of £12 in the event of a default by a customer. It seems somewhat hard to believe that as a business within it’s rights that the full cost of a default is not being passed onto the customer if the aforementioned figures are correct and that the defendant is willing to accept a continual and sustained loss.

 

On occasion where courts have ordered full disclosure to validate these calculation the defendant has either decided to settle or default on the order. The defendant was taken to the Mercantile Court in London during December 2006 where it had ample opportunity to justify it’s figure of £12.88. An action that would have benefited itself by quashing all similar claims of this nature. Instead the defendant chose to settle.

 

There is also documented proof that the defendants process of handling a “late payment” penalty charge is a fully automated process, evidence of which will be produced at hearing through the claimants bundle of documents. This casts doubt as to the defendants pre-estimate exhibits being accurate.

 

I enclose a draft order for your perusal, and would appreciate your consideration in adopting it for my claim.

 

Thank you for your time and assistance

 

Yours faithfully

 

 

 

(your name)

----

 

DRAFT ORDER

 

In the XXXXXX County Court

Claim number XXXXXX

 

Between

 

XXXXXXXX - Claimant

 

and

 

XXXXX - Defendant

 

Draft Order for Directions

 

The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

• g) Copies of "manual intervention" sheets relating to the customers account for 6 years in the absence that they have not been provided thus far

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Share this post


Link to post
Share on other sites

Hi could someone just check if I need to take anyother documents into court please

Share this post


Link to post
Share on other sites

First thing, is not to worry. It may seem a little daunting, but county court is relatively informal.

 

It is likely that your reasons for wanting the claim to proceed will be discussed, as in some courts it is the norm to stay penalty charges claims at present.

 

Basically the OFT court case relates only to overdraft charges on bank current accounts, there is an OFT report in place with regard to credit cards, so it is an issue under contract law as to whether the charges being levied against the customer represent the cost to the bank.

 

The draft order would help bring all matters to the fore at once and save court time if the claim was allowed to proceed.

 

As such I dont think you need much more than you already have, though I will defer to gizmo111 on procedure as it is possible that you may have to submit documents to the court and Citi if you intend to reference them in court.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Does this mean that the decision could go against me and I won't get any money back?

Share this post


Link to post
Share on other sites

If your claim goes to court it is possible that you could receive no money.

 

The key is preparing well. I have a guide to compiling your bundle which includes all the supplemental materials you'll need.

 

Also as part of this I gave a description of my experience (my first appearance at county court). Its not as daunting as it may feel.

 

If the draft order is adopted for your case that is half of the battle, as Citi will refuse to supply a breakdown of costs relating to their pre-estimates. Its been orderred many times and on each and every occasion they have not complied - which means they're defence gets struck out.

 

Its most likely that the small claims track will be taken which means that costs are not chargeable against yourself.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Sorry about all the questions, my case for for under £500 so I didn't think any of this would affect me.

 

What do I need to take with me tomorrow?

Share this post


Link to post
Share on other sites

Think it will either be a case that a stay might be argued for, or it will get allocated to the small claims track because of the amount.

 

I would suggest taking documents you have received and sent to Citi.

 

Though its likley that the majority of the discussion will be about the draft order, and the letter you sent in with it.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Just thought I'd give you an update, turned up at court today and I won, all the money will be repaid back to me.

 

The judge was not very happy that eversheds had made a full and final offer the day before court. I obviously had not got the paperwork but the judge had.

 

Great News I'll fill you in with more details a little later on.

Share this post


Link to post
Share on other sites

Sounds good, might be worth submitting a wasted costs order if the judge was unimpressed - which will no doubt be reflected in his case management notes.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

Have editted the title for you.

 

The thing now is to clear your balance if you have one, and stop using this company.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Share this post


Link to post
Share on other sites

Tis is the season of goodwill to all men-and of course women.

Since Eversheds and Citi appear to be in need of some memory revitalisation-as a gesture of goodwill I am presenting here a list of cases they appear to have "Forgotten about"

In fact take it as Ex Gratia (Brian can share it too)

 

Its nice to see that Tommy Coopers boxes of tricks are still in demand in your offices,but rather a pity that they dont quite do the job in front of Judges.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...