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    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
    • Seeing your posts I am feeling very grateful that the online process was not available last year when I first had to apply so didn’t choose it for the second one.  Paying the fee was my big problem as that had to be done over the phone but other than that I had no issues.  I am convinced that sending all documentation in one package to one place was no bad thing.   Other than waiting on the ombudsman I’m not sure where you can look to.          
    • No problem. Glad we helped.
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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

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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