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    • Sorry, but we need to see the entire claim form in PDF. Scanned. I'm particularly interested to see the description of the parties. Also, I notice that you said that you would provide further details of your claim. This was unnecessary – and probably you shouldn't have done it. Have you sent them something now?
    • Its new Premium account costs £15 a month and comes with features including phone and travel insurance. View the full article
    • and here is the Hermes response:   Intention I intend to defend all of this claim   Signed I am the Defendant REDACTED Hermes Legal Department 19/10/2020
    • Here is my claim:   Particulars of Claim I posted the Item at a collection point which I was provided the following tracking number: REDACTED The tracking did not update past the point it was collected from this shop, and I had flagged this up from the 6th. PackLink have offered compensation amounting to £25 which I have refused. They do agree that the parcel is indeed lost, but are not willing to payout the value of which the item sold for. PackLink have refunded me the cost of the label which amounted to £7.08 There is a packlink reference number for this case, which is: REDACTED In essence, PackLink admit they are at fault, but are not willing to compensate me for the full value of the item at its sold price. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.   Details of claim Amount claimed£1,490.00 Court fee£70.00 Total amount£1,560.00
    • Thanks for your reply, yes they got the items back undamaged.    The police got of to sign the recorded warning but the man in tesco didn't have me sign anything, he just took my name and address,  didn't ask any other questions or say anything about a "fine"   Was just a one off.  I had just lost and buried my 21 year old nephew.  So really wasn't in right frame of mind. Deffo wont be doing that again.  Nearly 30, with a clean record up till now so was a big shock for some stupid items that I had the money to actually pay for.     I'm currently in the processes of being refereed to a therapist. To try and help.    I'll make sure that I update this if I recieve any more letters from them and I'll make sure to keep them. 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Taking HSBC to Court


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Since December I have been writing back and forth first to Metro the to DG asking for three things:

 

1.Validation of the ‘debt’ (the equitable accounting of the transaction)

2.Verification of your claim against me. (A sworn affidavit.)

3.A copy of the contract binding both parties.

 

 

 

 

They have not been able to provide me with that information. Keep sending me copies of my statements and finally last month sent a letter stating they no longer wish to carry on corresponding with me. They have threatened legal action and what not but won't sit down. I did use use a template letter from a guy named John Dempsey where if the couldn't prove it they owe me 5x the asking amount for me to pay. I sent them this letter recorded delivery about half dozen times with amount. They kept sending me till the gave up various letters as to why one issue couldn't be addressed.

 

 

 

My question is taking them to court one asking debt be discharged and can't figure out second.. thought it would be harassment as what they are doing is fraud.

 

 

Below is what was sent out a few times recorded delivery but never mentioned whenever it was sent this similar letter.

 

 

 

FAILURE TO TIMELY COMPLY WITH THE REQUEST FOR PROOF OF CLAIM, ENUMERATED HEREIN, CONSTITUTES DISHONOUR AND A TACIT ACKNOWLEDGMENT THAT YOU OR YOUR COMPANY ARE WITHOUT STANDING TO STATE A CLAIM RELATIVE TO THE INSTANT MATTER.

YOUR ORIGINAL PAPER REFERENCED ABOVE WILL THEN BE RETURNED, WITHOUT DISHONOR, FOR FAILURE TO STATE A CLAIM.

FURTHERMORE, YOU, DG SOLICITORS ACTING ON BEHALF OF HSBC AGREES TO PAY ME FIVE TIMES THE AMOUNT OF THE SUM YOU ARE REQUESTING FROM ME, AMOUNTING TO - £8690.85 -AS COMPENSATION FOR THE BOTHER ETC. I HAVE BEEN CAUSED.

 

 

Any advice would be great!

 

 

Andrew

 

 

Love mary Croft and her free book!

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I already know the amount to claim against them my main concern is besides discharging debt for compensation what is the claim against them that I tell the court. I am working on filing the papers only but hung on second part to claim against them. Is it just discharging debt and compensation? Next thing is when I go to court judge will want to know compensation for what? But this last question will write something down after starting court action proceedings.

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Hiya Andrew, in a county court claim situation all you can claim is the amount that the bank have unlawfully deducted from your account plus any interest that has been accrued against those charges.

 

In addition to that your allowed to add the cost of bringing the claim to court so you add your court fees to your figure and then finally your allowed to add 8% county courts act section 69 interest and that is what you should put on your claim form :).

 

If you win your claim then you are allowed to ask for your costs in producing the paperwork and minor expenses attending court etc but this all needs to be documented with receipts for printing, photocopying etc and you time will need to be recorded accuratly... also this will be at the discretion of your judge and even with a large claim your unlikely to get more than £150 to £200

 

pete

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You're right pete , the last I heard the maximum that judges were allowing for time costs (for preparation of case etc) was £9.50 per hour .......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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