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    • Minster are seriously a bunch of muppets if they think they could secure a court win on what they have currently provided document wise...still i am not going to be complacent 
    • Hey,   Just wanted to share a quick experience for a lost Hermes parcel worth a couple of hundred pounds. I accepted Hermes' offer to use mediation and was pleasantly surprised! I read all the threads on here and thanks to the Bankfodder's great advice I came in confident and with notes and was not prepared to reduce the claimed amount even by 10p.    Firstly Hermes stated that my item was not one that is normally covered and due to its fragile nature it is not compensated and secondly they gave the ordinary "you have not opted for insurance bla bla". These were their points and even before I started stating my arguments they were already out with an offer to cover the item value in full and the postage costs for it but NOT the small claim fee of 25 pounds. To me this sounded as a reasonable compromise since I got other things to do during the day. This 25 pounds compromise was about 5 percent  of the overall claim value so that was fine by me.    I went to mediation extremely sceptical having read some of the other ppl's experiences, but I'm glad to say mine took only 2 quick calls, everything was settled in no more than 20 minutes, the mediator was superb, extremely friendly, polite and with a sense of humour  and they just asked me to send my bank details in response to their upcoming email and that was that.    p.s -> I could feel the mediator was actually on my side a lil bit, but what reasonable person would side with such a shameful and honestly disgusting company anyway   All in all, I would highly recommend the experience for anyone who's still on fence regarding mediation. Open small claims against them Hermes mfs, make them pay, they are so aware of their unlawful approaches ! On my part, I will never ever use Hermes services ever. However, in fairness, this whole saga's been going on for two and a half months and I've lost so much time and effort and nerves on the matter that it was worth at least 10 times that settlement. I've been through 41 calls with them regarding the item and went to their depot twice to look for my item...   Have a great week guys/gals   Best
    • i see you have all the statements in the earlier post    pop welcome int rate in cell d15 of out CI sheet Latest Spreadsheets - PPI Claims and Charges Claims - Dec 2011 - Payment Protection Insurance (PPI) - Consumer Action Group   enter every penalty charges. on it date    
    • dx I manage to locate quite alot of paperwork from welcome sent previously - what am I looking for? Im a bit worried that they are going to start court proceedings after their letter last week, im not keen to send them bank statements   Hi peterbard this is a secured loan , i dont believe there is any policy in place   dx should I have sent an SAR to Welcome and Coast even though Coast had taken over the loan?  I have a pile of paperwork i have located thats about 2 reems of paper, from the SAR's I have sent previously.  There is a lot of information - the SAR requests more recently were sent on CDROM and were not accessible after a certain amount of time (i think the username and passcode expire or something)
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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

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

 

Zoot

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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

Egg PPI - LBA

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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.

 

IVE BEEN LOOKING FOR THIS LETTER, CAN YOU POINT ME IN THE RIGHT DIRECTION?

 

THANKS IN ADVANCE

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