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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

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Hello to everyone I'm new:lol: .

 

I am trying to follow the help and advice given to reclaim my bank charges.

 

I admit I have a terrible finance history. Following the collapse of my life/marriage and the loss of my business, husband, home and everything I own, I became very ill with depression and sickness. I am currently on benefits and struggle very much, daily, to live alone in a tiny basic flat and to try to pay a little each month to the creditors who have traced me, :oops::sad: but I have to say that although I don't currently deal with pressure/decisions very well at the moment I am determined to try to push on and reclaim what the banks forced from me.:rolleyes:

 

I have a couple of queries, mostly because I don't know the right wording to use.

 

Firstly, Abbey are currently about to claim £80 charges from me this month as 1. I went overdrawn (they withdrew my overdraft facility, so I have no agreement) 2. two cheques were cleared one day before the money went in, so I was overdrawn £12 by one day. I did write and explain that it would cause me hardship if they did this and that it was within their power not to, but she actually said that they had already let me off some of the charges once this year and could not do it again. so my first question is "is there a letter written somewhere that I can copy, with the legal details in, telling them that it is against the law for them to take the money and they must not take so much." I know that when it finally sorted out that I can reclaim it, I am just trying to lessen the hardship now.

 

Secondly, I sent the first letter asking for copies/details of the charges. They sent me the microfiche excuse, so I sent them the second letter saying 14 days left or off to court, and now they have written saying "microfiche are not covered by the D.P.Act and will be sent in due course". Does this mean that now I have no option but to follow the non-compliance procedure letters, or have I missed a stage.

 

For the first time in a couple of years I am trying to get back a bit of strength and self respect, so I hope that someone out there can help me. (I have already read loads of the stuff written on the site, but I have a bit of a memory problem at the moment and I can't consistantly retain all the facts.) but If someone can point me the right way I will go looking again.

 

I am so glad to have met you.

 

Regards..

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Hi Juney, please read the step by step instructions and FAQs and spend a couple of days reading some of the threads in the Abbey forum, that way you will get an insight of what to do, when you are ready start your own thread in there.

There are some templte letters in the template libraray

Good luck

  • Confused 1

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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