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    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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    • read it properly, doesn't say will anywhere. i don't think we've ever see any of these threats go anywhere.    
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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!
       
       
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    • 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

Capstone/Preferred/SMPL or whatever they're called now


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Hi

 

I have just had some refunded via a complaint made to the FOS. My complaint was not initially about charges but they did come into it.

 

I have also had another complaint against another company settled today via the FOS but they have only agreed to refund half of the charges but with interest and compo for distress will still be a tidy sum.

 

If you go via the FOS they look at whether you were treated fairly and whether the company could of done more to help rather than just pile on the charges. So if you can show that they were not being fair or they made some sort of admin error (most likely in case of Capstone) you may be able to get somewhere.

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  • 1 year later...

Has anyone successfully claimed back arrears fees/late payment charges etc from these numptys?

 

I reckon they owe me quite a sum in late payment fees as I get paid four weekly rather than monthly and they refuse to alter my mortgage payment date so I get charged £25 late payment every time :-o

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Yep. I am in the process. I have received over £600 back, not as much as I wanted but better than nothing. Used the FOS who have been very helpful. They offered more & paid less so I have gone back to the FOS. Capstone say they made a mistake, but they offered more so I am going to make there life hell they have made mine hell. If I made a mistake it would different.

 

Write to them asking for the charges refunded they won't give you them. Make sure you send recorded delivery as you will need proof you have written to them chances are they will avoid the question. They will fight but stick it out I rejected the 1st offer from Capstone & got a better one.

 

GOOD LUCK

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No, I originally wrote to them asking them to freeze the litigation fees they were apply each month as they were adding more than I was paying in arrears therefore only going backwards. Thay have been frozen for the time being, it's was FOS that claimed back the other charges. If they had done as I asked in the first place it wouldn't cost them as much.

 

I would write to them asking for a change in payment date if you haven't already done so. Make sure you ask for a reply in writing, within a time scale I only gave them 7 days from receipt of the letter. You can check when it was received on the POst Office web site.

 

Once they reply with a refusal either telephone the FOS which is what I did or down load a claim form from the FOS web site.

 

Anyhing else I can help with please ask. I really want to see these people taken to the cleaners, so the more people claim the more chance of seeing it happen.

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  • 2 weeks later...

I'm currently at the litigation stage as I missed the opportunity to escalate to FOS. You should check your contract though as mine states that they will "only charge fees to the extent that has incurred costs". If they change that and say that and say they are part of the remuneration this surely is contract misrepresentation and in any event you signed up to those terms.

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  • 5 weeks later...

Well, i've finally received my details back and i'm now ready to take the next step. Can I use the usual Bank Charges template letter?

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  • 2 weeks later...

Hi

 

I currenty have a mortgage with preffered/capstone and I have been in arrears coming up to 3 years now. I would like to claim th charges back, but wouldnt know where to start, if someone could point me in the right direction in what type of letter and information is required it be much appreciated. It be nice to actually pay off my arrears with the money, and also ho long does it take to process. Cheers

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  • 1 year later...
  • 7 months later...

Hi all

 

I recently wrote to Acenden as they have charged me over 2k in fees/charges etcs, yesterday i finally received a response stating it's basically my own fault for not paying on time, but they are willing to reimburse me £50 compensation!

 

Is this an admission of guilt? Could somebody please advise me on the next step?

 

Thanks in advance.

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Hi all

 

I recently wrote to Acenden as they have charged me over 2k in fees/charges etcs, yesterday i finally received a response stating it's basically my own fault for not paying on time, but they are willing to reimburse me £50 compensation!

 

Is this an admission of guilt? Could somebody please advise me on the next step?

 

Thanks in advance.

 

as where the hell the rest of the PENALTY charges reclaim is!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am a single person struggling to get by, they were incredibly unhelpful - refusing to change my payment date, sending round field agents that i did not want for 100 quid a pop, charging me buildings insurance cancellation fee every year even though i tell them every year i have my own ....

 

Just sick to the back teeth of them, unsure what to say to them next?

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well reclaim that too!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the £50 compensation - without removing any of their ludicrous charges - is their final offer you are now free to take the case to the FSO. The FSO MAY agree that if you are given a late arrears payment because you were late with one payment, then they were wrong to put it on AGAIN the next month if you were on time with the next payment just because you didn't pay off the late arrears charge. You might get back most of your charges. The FSO seem to understand it is is unfair to put charges on failure to pay off charges.

 

Do you have your statements? If so, you need to itemise all charges you think are unfair. Others on this forum may disagree but I don't think its worth saying each charge is too high. They are, of course, but the FSO does not seem capable of saying so. Your best argument is to say this charge should not have been placed on the account.

 

I have been successful in reclaiming £2000 worth of charges, but it has taken a year to do so.

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I recieved a a similar letter from them initially. They were willing to pay £140 as a gesture of goodwill.I simply wrote back one more time and asked them to send a breakdown of their charges and why they had charged so much.I didnt get a reply to that question but I did get an improved offer of just over £1000I regret it now, but I accepted it. I have no more rights to reclaim any more charges from them as this was built into the acceptrance of their offer.The main problem really is knowing what you can and cannot claim for. I played ignorant and tried to claim every 'charge' added to my account (approx 5k in total)I would send one more letter asking them to justify their charges. List each one and see what response you get.

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Thanks guys! I have responded asking them to break down their charges. I am especially fuming about the Insurance charges, why should I be penalised for having my own buildings insurance - which I provide proof of to them every year :-x

 

If I don't get a satisfactory reply this time I shall enter the FSO route. I shall keep you all updated!

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