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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Help - need letter to stop current charges


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Hello everyone.

 

I am following the procedures to reclaim my bank charges, which with the Abbey you know will take a while, (they are still stalling about microfiche). In the meantime they are planning to take £80 off me in charges now. :o

 

I want the wording for a letter I need now to stop the current charges. :eek: :o

HELP ME. HELP ME......

 

Thanks......

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try saying that as you are in dispute over previous charges they should cease by taking currents ones until the matter is resolved or words to that effect.

when i win ...... 5% goes back to the site!

 

Halifax- 14/6/06 Data Protection Act.28/6/06 S.A.R - (Subject Access Request) - (Subject Access Request) handed in person. 2/7/06 Prelin sent for £3297. 19/7/06 LBA sent SETTLED

Halifax cc- 26/7 prelim for £140 - 14/8 LBA sent - 21/8 £ 70 offer - 22/8 Halifax agreed to pay £140 after call SETTLED

Halifax loan #1 - SETTLED

SMPL- 20/6/06 prelim sent for £610 4/7 sent lba after no reply. MCOL 29/9

Rooftop Mortgages - 20/6/06 prelim sent for £225. 29/6/06 letter rec'd saying no! /2/7/06 LBA sent

Capital One- 24/6/06 S.A.R - (Subject Access Request) sent. 2/7/06 prelim sent for £137. 19/7/06 LBA sent MCOL 29/9 SETTLED

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Hi

 

What about something like: However, this might be a bit strong at the beginning. but then again it will let them know you mena business?

 

Dear Sir/Madam

 

Regarding my acount........ I am currently in the process of gathering all related information on charges levied against my account as i am in the preliminary stages of claiming these unfair and unlawful charges back. However i note that you are attempting to take an additional £80 from the account in the way of charges. I will gratefully ask that these charges not be taken, as if taken will simply be added to my claim, which i will persue.

 

Kind regards

 

 

Cheers

 

Rayo1973

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Thanks Milamber, I have been trawling through Spiceskull all afternoon. Enough to frighten the life out of anyone but a good result. I will try to find the right page.

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Am I shooting myself in the foot if I send them the following:.......

 

I write with regard to my current account, detailed as above, and your intention to unlawfully remove £80 in charges on 10th August. I would like to point out to you, as you are clearly unaware of the details, that to do so would be unlawful by Common Law, Statute and recent consumer regulations.

On 5th April, 2006 the Office of Fair Trading (OFT) announced that default charges which are set at your high levels are presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 199/2083). Charges at this level will be subject to legal action by the OFT.

As you are aware I am currently in the process of gathering all related information on charges levied against my account in the past and I am in the preliminary stages of claiming these unfair and unlawful charges back. I ask that these new charges not be taken, as if taken will simply be added to my claim, which I will pursue.

If you insist that the charges as stated in the terms and conditions are lawful then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs?

I do hope that as a Customer Service department you decide that it would be kinder to myself not to cause me further hardship by taking my money.

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