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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

first direct account closure - injunction route


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This has just happened to me with HSBC, if you claim twice you are then shut down. Here is my repsonse to them regarding this -

 

Dear Sirs,

 

Thank you for your recent letter ( ref xxxxxxxxxx ) informing me of the recent 'commercial' decision that has been made regarding the above bank account.

 

I am extremely upset and disturbed by the logic that has been applied in reaching this decision, as I have been a customer of HSBC for some time and have in the past made use of a multitude of services ( such as two loans, credit card and monthly salary credit, share purchasing service, ) provided by you and also potential future use of financial services such for example as mortgage, pensions, travel insurance, travel money and life assurance.

 

However, I am in no way asking or actively seeking for any appeal, review or legal pursuit of this 'commercial' decision. I am confident that in time this perceived 'retaliatory' action will be resolved by higher powers than ourselves for other future cases.

 

I would also like to draw your attention to the recent FSA statement, which I have enclosed below for your convenience.

 

Secondly, I believe that these type of behaviours have the potential to generate damaging negative publicity for yourselves, as does the wider bank charge issue, unless it is managed in a more logical, fair and sensible manner.

 

Lastly, I do not request, need or require a response to this letter, as I now consider this a closed matter.

 

 

Thank you for your time on this matter.

Briefing Note BN 023/06

 

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint.

 

However the relationship between a bank and its account holders, including the circumstances and manner in which accounts are closed, is governed by the Banking Code.

 

We have therefore raised this issue with the Banking Code Standards Board, and informed those firms involved that we have done so. As a result of those conversations, we understand that the Banking Code Standards Board intends to state its position on this issue presently. We encourage the industry to use this opportunity to demonstrate the value of the Code in ensuring fair and reasonable outcomes to such disputes.

 

Now the fun bit. Im gonna have the last laff, cos when the 23rd August comes around - the day of account closure, guess what? The account will be in OD by £ 0.63p. Lets see what they come up with when they see that.

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They will send you a letter, telling you that you are overdrawn and charge you £35 for the privelage.

 

:D :D :D

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Have you got another account with another bank? :?:

 

wel..., in my haste did not take the precaution of opening another account. but i do have a joint account, if it comes to the worse. i have sent them a letter yesterday, raising a formal complaint, so i'm just waiting to hear back from them.

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I would still suggest opening another account now, whilst you are still able to. Looking around it seems that the easiest one to open is a CoOp Cashminder account, although I am sure others are just as easy to open.

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I would still suggest opening another account now, whilst you are still able to. Looking around it seems that the easiest one to open is a Co-Op Cashminder account, although I am sure others are just as easy to open.

 

thanks. do you admit to whomever you're applying to for a new account that your existing account is to be closed and why?

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5289 days.

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Thank you

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