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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
      • 33 replies

Today sent my first letter to HSBC - Despite being a newbie!


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Thanks Bankfodder, useful to know :)

 

Well it's the 16th, and the post's arrived, almost unsurprisingly there's nothing from HSBC. I'll wait and see if anything turns up tomorrow that they may send today, but I won't be suprised if nothing turns up, I'm sure it'd only be a generic response... and we all know how it costs the bank £25+ a time to send out a generic letter! :lol::wink:

 

9 days left to enter a defence... :twisted:

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Do I understand that you have put in a claim for an indeterminate amount and that they have not complied with your DPA request, but that the clock is still ticking on the DPA?

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I managed to get all my statements online and work out the total charges, less any that have been previously refunded, and therefore the amount I am claiming is accurate... although I have all my statements via online banking I did request statements under the DPA which so far I have heard nothing about, by Monday 20th the 40 days will have expired.

 

Just to note, my DPA request was done under the old style letter which requested a refund of all the charges or to be sent all my statements (under the DPA). I do feel this was still a clear request under the DPA which they should have at least acknowledged!

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Dear Dave

 

They do not like bad publicity. I got the deeds to my garage back £116,000 wrote off and an offer of another hundred thousand which I have turned down. Becauise it is not enough for what as happened to my wife.

 

Type the name of the Chief Executive into your search engine. Type >>> Dyfrig John HSBC BANK. See how I advertise their product.

 

Regards

 

Harry

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What on earth has that got to do with this thread? :?

 

recieved a letter this morning dated 16th March saying they would contact me again by 6th April 2006 and expect to be able to give me a full response then, they currenly have 5 days remaining to enter their defence and i've recieved no information on statements relating back to my DPA request...

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Hi Richard,

 

I've been following your 'diary' and if my calculations are correct their DPA deadline expired yesterday. Did you hear from them regarding that (a legally required deadline)?

 

If not, the Dave/BankFodder seem almost overzealous that the bank should be reported - I know that I will absolutely certainly report them (the bank that is) when my deadline is one second overdue...

 

Hope the next part goes well for you...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm eager to know how you are getting on Richard? :D I'm very new to this site as well as forums but I'm very determined to get my bank charges back. Going to be requesting my DPA details on Friday from both HSBC and Capital One!

 

I hope you get the result you are looking for. As I'm quite confident you will... :wink:

Life is a comedy to those who THINK and a tragedy to those who FEEL!

 

Consumer Action Group = Best Website in the WORLD.

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well HSBC still have 3 days to enter their defence or at least acknowledge the claim... Saturday is the day of judgement, the day by which they must enter their defence or acknowledge the claim, I will then apply for a judgement to be made.

 

I've been incredibly busy over the past few days with work (doing 14 hour days) so haven't had a chance to enter a complaint regarding their failure to comply with my DPA request. Though rest assured I fully intend to.

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well.... seemingly no defence entered so far (well status on moneyclaim online hasn't changed at all)

 

but having tried numerous times since midnight to apply for a judgement i'm being given the error message

 

You cannot request a Judgment by Default at this time.

 

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

 

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

 

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

 

Argh! Will try again in the morning, not too sure what the hold up is though?

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Have been on the phone to the MCOL Helpdesk who have told me that although 14days has passed, because the 14th day was on a weekend I cannot request judgement until the end of today (end of the first working day after the deadline). So submitting my claim on a Saturday has given HSBC an extra 2 days to file an acknowledgement or defence! Fingers double crossed they won't though, I could really do with some money ASAP! lol.

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  • 3 weeks later...

Any news on this case?? I am due to start MCOL next Wednesday so really interested with how you got on.

HSBC - Default Judgement - £4892

HSBC, PA 29/3/06 LBA 12/04/06

HSBC, Court Claim Filed - 26/04/06

Lloyds - Claim - £625

Lloyds PA sent 16/05/06

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 728 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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