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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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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

Have I opened a can of worms?????


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Natwest Solicitors had until today to respond.....nothing in the post so what - if any action can I take????

 

Sorry MoD I don't know myself as I've not reached this point yet... But figured this was worthy of a small to ensure that someone who does know might take a look...:D

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Well Mountainofdebt,

 

You have us all spellbound. I have read through your history, you couldnt write a better short story than this.

You keep at the b&*"*$£s, justice has got to prevail.

 

Power to you, everyone is rooting for you.

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Hi mountainofdebt,

 

Don't worry it is just a matter of time.

 

Corbbetts have filled in their allocation questionnaire and sent me a copy with a letter offering me half of the money. See my other thread in a bout an hour or two.

 

I am writing back saying no, full or nothing.

 

SO WHAT I'M SAYING IS THAT GOOD THINGS WILL COME TO THOSE WHO WAIT ;)

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Take heart friends. We are all at almost the same stage and I got a phone call from Cobbetts 10 minutes ago settling in full - just over £4500

 

Don't blink - even CrapWest WILL settle.

 

:) :) :) :) :) :)

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OMG well done, is that everything? They don't even have my phone number so I'm not going to get a call!!

 

PS Does that amount include the £100 for you questionnaire!

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Have had a letter from Cobbetts with their court allocation questionnaire....eek is mine going to go all the way (knowing my ruddy luck it will!!!!)???????

 

Also the miserable so and sos don't want to wait a month to see if it can be settled in a friendly manner AND they filed it on 8th June 2006 when they should have filed it by the 3rd - you can see that one going down well if I had tried to file mine late!!!

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Woke up to another letter from Cobbetts today - 24 hours after they completed their court allocation form - sent late and refusing to a delay to see if an agreement could be reached - they've now sent a cheque for £2150!!!!!

 

Whilst I'm very pleased that I didn't accept their initial offer of £1200 a week ago, I'm slightly miffed that this amount isn't for my full claim - they seem to have 'forgotten' about the interest and the extra £100 that I've had to fork out because they couldn't (or wouldn't!) send this letter before the 3rd!

 

Anyway have briefly spoken to hubby and he wants to accept but being the dog with the bone that I am I want to send this letter to them:

 

 

Dear Sirs

 

 

Thank you for your letter of 9th June 2006 and its enclosures.

 

However, as you can see from the papers relating to the above claim the full amount being claimed is £2590 which can be broken down as follow:

 

Reclaim of bank charges £2130

Interest on above sum £340

Court Costs £120

 

Total £2590

 

 

In addition, as a result of an amible agreement not being reached before the case was transferred, a further £100 court costs have been incurred.

 

As you will therefore appreciate, £2250 only covers part of the claim.

 

I will quite happily complete the Notices of Discontinuance (form N279) when the claim has been settled in full.

 

I look forward to hearing with you in the near future.

 

Yours

 

 

 

Any thoughts/comments???

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Sounds fine, but make sure you calculate the interest up to today's date rather than the date you submitted the claim.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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mountainofdebt,

 

Yes send the letter, get the full amount - it will "pay off"

 

I'm waiting for my cheque still!

 

Fingers crossed!

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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CONGRATULATIONS!

Thats such great news, I am so pleased for you. Definately pursue the remainder but you must be feeling so good that you didnt blink and settle for the 1200 they offered. I've been following your thread with huge interest because they seemed to be giving you the run around, well done for holding your nerve (and overruling your hubby!)

I'm after a similiar amount back on my personal account and you have really given me hope!

Well done

best wishes

kate:)

----------------------------------------------------------------------

08/06/2006 DPA Letter Sent NW Adv Gold £2513.08

08/06/2006 DPA Letter Sent NW Gold Mastercard £unknown

08/06/2006 DPA Letter Sent NW Business Acc £unknown

08/06/2006 DPA Letter Sent Virgin Card £unknown

08/06/2006 DPA Letter Sent Morgan Stanley £unknown

----------------------------------------------------------------------------------------------------

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Wondered where you've been !

 

Have spoken to my mum about this (gawd nearly 40 and still asking my mum for advice) and she was gobsmacked that we'd got this out of them ......has made her go off and look at her statements now!

 

When she asked why I'd not told her we were doing this, I told her that it was becuase I'd have the usual "your wasting your time" reply ...mum is still one of the old school that thinks all bank managers work to help HER, lol!

 

Anyway Neo I am sure you'll get a positive response sooner rather than later especially as we seem to be working to the same timescale!

 

Just promise to let me know when you do!

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Was talking (well ok it was more lie gloating but hey I'm a woman!) to hubby last night and I said I was curious as to why Natwest hadn't paid the interest and the additional court cost of £100 and that I'd write them a letter about it.

 

Anyway hubby got abit touchy (and no he doesn't work for a bank!) and said that he wanted to drop it, that he was totally fed up of it all and that that it was obvious that the banks were only settling as it was cheaper for them to do that instad of taking it all the way to the courts as they were obviosuly allowed to charge something.

 

(I guess it didn't help at this point when I said that if that was the case why didn't a bank take 1 case to court and then if they won, it would set a legal precedent for the rest of the banks)

 

Anyway I've sort of agreed to drop the issue of the interest and £100 - well when I say drop it I know hubby isn't going to sign any more letters about it - so here's my question :

 

If I rang up the solicitors and asked for a full breakdown of the cheque (even if I can work out how they've done it) as our claim was for £2590 which included the charges, interest and original courts but there is now the additional £100 to be considered - to be sent to hubby, would they do this? I'm am assuming of course that they won't speak to me (due to the DPA).

 

Also I assume acceptance of the cheque would be indicated by the presenting of it so I guess that means I'm hiding the cheque until I get a response from the solicitors eh?

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Husbands!!!?? Cant live with em cant live without em! hope he enjoyed his humble ice cream!

 

I reckon you could have a bit of a new tack here by NW and Cobbetts. ie they give you nearly what you're owed but shave off a few hundred quid to save themselves a bit of money in the face of the inevitable landslide of claims they have coming. They may be assuming people wont have the stomach to fight for the remaining part as theyve got most of their claim.

I don't know in this case but usually institutions are relatively happy to discuss thing with a spouse, especially if they have had authorisation from hubby or previous contact with you.

Rock and hard place spring to mind, its a clever tactic by NW cos if they get 100000 claims and shave off say 300-500 from each.........well it all adds up.

little b**ggers!!!

good luck

kate:p

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Shaun - haven't had a default notice so that's 1 less thing I have to bug them about

 

Kate - you may be right. I could understand the £100 extra court costs as I only paid it on the 2nd and this letter came out a week later but the interest???? I have a feeling that they won't talk to me, which to be honest I haven't a problem with - so long as they realise that they have effectively short changed us.

 

And so the battle continues!

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Congrats on your (almost total) win, I've been following your thread with interest as I've started my MCOL against Natwest a few days ago. I was SO looking forward to hearing what happened at the next step and how far they would actually go with this! I'm disappointed I won't get to see that next step, but totally for selfish reasons (ie. so I will know what to do if I get to that point!)

 

Totally understand your reasons for leaving it where it is, a tough situation for you to be in the middle of! It took a lot of guts for you to get where you've got & I'd like to thank you for keeping us all up to date with it so we know what to expect!!

 

Can't thank you enough! Jubbit.

 

PS: Now that hubby is happy, make sure you remind him he wanted to settle at their offer of half the total, so the work you've done for the other half should be yours and used to treat yourself!! haha ;)

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I've decided to phone them up in the morning to ask them for a breakdown and if (or should that be when ???) we get the extra £440 I WILL be keeping it for myself, don't you worry on that score!

 

The rest of the money will be going back to Natwest as a repayment off their credit card - so its a double whammy for them in my book!

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Just to add my tuppence, but way to go Mountainofdebt :)

Having stumbled across this site this morning, read through most of the Natwest section (and Faqs :rolleyes:), and spent this evening with a pile of bank statements and realising that I probably have a claim of £5000 (at least, but don't want to push my luck) for the last 6 years, I feel enheartened by your tale of Mountainofdebt vs goliath. Congrats again mate, fully deserved :)

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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