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    • Did you submit any kind of response to their defence submission?   You are perfectly within your rights to do so and can use it to elaborate on the facts and present the legal arguments behind your case.  Just write it in the same template as their defence and send it to them and the court.  Ensure that they acknowledge receipt as it will become evidence.   It also gives you the chance to unpick their defence, apply for parts to be discounted where you can argue for such a move and make the case why their request for costs should be dismissed.   Look up the legal definition of unreasonable conduct as that is the only reason for permitting defence costs in the small claims process.  Then state why you have been reasonable and why they are unreasonable.  This usually is because they never reply to emails, never listen, reject all requests through their own processes and leave you this process as the only available course of action.
    • When I said Europe wouldn't be pleased to see David Frost back, I didn't expect that within about a week of being appointed he would unilaterally extend the grace periods for goods travelling to N Ireland and risk legal action and damage to the UK's reputation in the world. It's quite concerning to me, but clearly not to the government, what's being said in NI by unionists and loyalists.   It's hard to believe he was our ambassador to Denmark when he behaves like a night club bouncer and only seems able to negotiate by confrontation.
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    • Almost £100 a day for a courtesy car??? Sorry, but somebody has seen her coming and is treating her as an open cash till. Who recommended that?     If it seems muddled to you – then how do you think it feels to us when we are receiving this information third hand. I think that you want to get her to come here and to give us the story first hand and also as already suggested, I think that a carefully drawn diagram with a key as to whose who is essential. Having some kind of printed off map with Mr XXX and Mr ZZZ blah blah blah. On the basis of what we've been told, it appears to us that she was driving along minding our own business and then somebody who was parked on the same side but facing into the traffic pulled out directly in her line and she took avoiding action.   And this is shocking treatment as far as I'm concerned because apparently her own insurer is saying that they are stuck because they don't have evidence and so they are putting their hands up to another insurer/driver who presumably also doesn't have evidence. I think you are dealing with a lazy insurer that isn't really interested because they only involve the third party insurance – not comprehensive so that they know that they are going to take a particular loss so they're not bothered. Do we have any idea of what the other side story is? Or has that not been revealed to you? We can deal with this and we can help you challenge this and probably with a high chance of success – but we need better engagement. I understand that your sister is pregnant – but pregnancy isn't an illness – and I think that she would feel empowered if she got to grips with this directly. Certainly, what we need is better engagement and if it has to be you acting on her behalf – then the first thing you need to do is make sure you understand the story because if you don't then what snowflake's chance in hell do we have?
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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
      • 33 replies

Default Due to Bank Charges


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Defaulted 4 years back on two Nationwide accounts when I was made redundant. I managed to get one of the defaults removed by going to court regarding charges but cases were then stayed and was not able to progress with the second account in time.

 

Are there any avenues that I would be advised to investigate to get the default removed as the defaulted amount almost entirely consisted of bank charges?

 

Any advice would be most appreciated.

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although it is clear that all bank charges are in dispute, they have only been formally in dispute since July 2007.

 

Any bank charges related default placed on the credit reference agency register after July 2007 will have been placed there unlawfully -- in breach of the banking code, in breach of the current account contract, in breach of the information Commissioner's guidelines. Such defaults can immediately be challenged and should be removed completely from the register.

 

Additionally any default for bank charges which have been formally disputed by the customer and which were placed upon the credit reference agency register after the bank charges dispute was commenced, is also unlawful -- for the same reasons -- and can be challenged.

 

You say that you are defaulted four years ago. This was before the beginning of the test case and was also before The Consumer Action Group was started and therefore was before the bank charges revolution. You probably had not disputed bank charges at the time. Unfortunately this would mean that although the charges have subsequently come into dispute, the default would have lawfully been placed upon the register and there is probably very little that you can do about it until the final outcome of the test case.

 

You have done very well getting one of the defaults removed at all. This is quite an extraordinary result. The only thing I can suggest that the moment is that you lodged a notice of dispute on your credit file and also point out to the CRA and also to the bank that as soon as the test case is decided you will be requiring a refund of all charges and the removal of any charges related credit file entries including compensation for any damage that these entries may have caused you.

 

I suppose that your nationwide accounts are closed. If they are still open and you are using them then there may be some other action that I can suggest.

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Thanks for the reply. The account that I received the refund of charges is still open and I am currently using it. The account that has the remaining default has been settled and closed.

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Thanks for the reply. The account that I received the refund of charges is still open and I am currently using it. The account that has the remaining default has been settled and closed.

well it's a shame that it is the other way around. We might have been able to suggest a way forward.

 

Are you paying charges on the open account?

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