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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 I Think Ive Messed Up!

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I Have Had £148.00 Of Charges Refunded From Halifax. However I Have Now Incurred 3 More = £88.00. Ive Rang Halifax As I Dont Believe They Are Valid Charges, However They Are Insiting They Are Valid And Will Be Taken From My Account Within 7 Days.


I Signed An Agreement When I Got The 148.00 Back Which The Declaration I Signed Read:

i Confirm That I Accept The Offer Of £148.00 From Halifax In Full And Final Settlement Of My Complaint Regarding My Bank Charges Made On Any Of My Halifax Account

Does This Mean I Cannot Claim Back Any Charges Since The Date I Signed This Declaration? Halifax Seem To Think That I Cannot Claim Them Back Because Ive Signed To Agree The Above But I Believe That I Haven't Singed To Agree That I Wont Claim Back More Charges As It Doesnt Say This In The Declaration. Am I Right? Can Anyone Help Me? Please


If I Can Claim Thm Back I Will Deliver The Lba Tommorrow.if Not Then Ive Messed Up.


Thanks In Advance

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I would they that your agreement was to that complaint as it did not say any future complaints prehaps one of the Mods can advise

Lloyds TSB - N1 claim issued 18/07/06 - £3440 Offered unconditional settlement 23/08/06

Vodafone-Information Commisioner assessment -default removal -25/07/06

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Hi Mrs F


The question of whether you can claim depends upon whether the document you signed was a deed. If it was a deed it would have to say that it was a deed, be signed as a deed and signature witnessed. If it was a deed the agreement is enforceable and you can not claim.


If the document was not a deed then you can claim despite signing this agreement. This is because an agreement is not enforceable in English law unless there is what is termed 'consideration' this simply means that something must be given in exchange for something else. With your agreement you have promised not to claim, which represents your consideration, but they have not provided anything in exchange, because the money they gave you already belonged to you.


Hope this helps



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I Signed An Agreement When I Got The 148.00 Back Which The Declaration I Signed Read:

i Confirm That I Accept The Offer Of £148.00 From Halifax In Full And Final Settlement Of My Complaint Regarding My Bank Charges Made On Any Of My Halifax Account



The agreement says 'made', ie charges already made, it doesn't say ' to be made' ie future charges and any agreement that takes away your legal rights is invalid.

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when you signed for £148 how much were you actually claiming for ?

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance


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Hiya Everyone Thanks For You Help So Far.


I Was Claiming £176.00 Back Last Time But Agreed To Settle With £148.00 .


I Have Definatley Not Signed A Witnessed Documentor A Deed, I Have A Copy Here And It Says At The Top 'acceptance Form In Full And Final Settlement' Then What I Wrote Before Then The Signature/dated Boxes For Both Of Us To Sign (joint Account)


Im Gonna Try And Claim Them Back Anyway Because I Looked Upon The Agreement As A Settlement To My Complaint At That Time Not A Future Settlement For Any Further Claims I May Have To Make.


Im So Sick Of The Halifax, These Charges Were Accrued Because Of An Error On Their Part Which They Are Refusing To Accept Was There Fault.

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I agree - the acceptance was in full and final settlement of your claim. That aside, you are prevented from signing away your rights to future actions.


As for the charges, I think Spiceskull had a letter that stopped all these. Have a look at his thread.





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