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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Damn nothing again!!!.....c'mon halifax you know yuor just delaying the inevitable..;)

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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and again nothing!!!, even had a letter from Hellifex and it was just a promotion!!!!!

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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They have 28 days now to enter a defence! Read up on the next stage which is you filling in an allocation questionaire, a template for which is in the library, read some longer threads too to prepare yourself for what to expect in terms of defence!

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Hi SHaz,

 

Thanks, Ive been through Jonnies guide for AQ and Ive downloaded the court bundle, have briefly run through that...:)....fingers crossed theyll pay up before, but if not Im gonna be fully prepared...:)

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Well its finally arrived, got a letter saying they would pay the 6 years but not the 12 I was claiming....darn it!!! Anyone any ideas if they would actually take the issue to court if I was to only except the offer as partial payment???

 

But anyway Im well chuffed!!!!!!

 

Thanks to everyone so far for there help......bring on Lloyds!!!!:grin: :grin: :grin:

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Well done! Got my letter today, too.

Halifax (current a/c)- £3705.00

04/09/06 - S.A.R - (Subject Access Request) sent - lost by P.O.

20/09/06 - Prelim letter sent (special delivery)

30/09/06 - Reply to Prelim; Received statements

04/10/06 - LBA sent (special delivery)

14/10/06 - Offer received - £962 (err..no)

17/10/06 - MCOL issued: £3705 + £777.11 interest

19/10/06 - Moneyclaim acknowledged w/intent to defend

28/10/06 - SETTLED IN FULL!!

To be continued: Capital One(charges); Citi/Associates(charges); GMAC(ERC); GEMoney(charges); TMG(charges)

 

 

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Hi Sthurley,

 

I am claiming for 8 years & got the same letter as you on Wednesday I need to reply within 7 days as to whether I acceopt the 6 years or wish to go for the extra 2( which have most of the charges on!)

 

Am waiting for some advise from here will keep you posted

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Thanks Moses, Ill keep an eye out and see what advice comes up.....:)

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Well Ive decided to push the matter and not except the offer of 6 years and push for the 12 years......they have until 16 Nov to file defence......:grin:

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Got it - will keep an eye out now :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Sthurley

 

just wondered how you replied to the offer & the intention to go after the remainning 6 years?

did you just send the letter from the template library?

 

am struggling a bit in spain here as we've just moved house & it's pretty hectic don't have the time to just sit at the laptop & get my head straight at the mo so any help would be great many thanks

 

a very stressed

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hey Moses,

 

By the time I made up y mind it was to near the 7 days to reply deadline, so Ive just left it......they have until the 15th Nov to file there defence or ill apply for judgement by default...:)

 

What are you doing are you pursueing the more than 6years amount??

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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hi there,

 

I had a letter like you offering the 6 years worth but not the extra 2 years I was claiming back.

as most of the charges were on those 2 years don't feel like accepting the offer but like you i've left it too late to reply ( the 7 days is up today) I've been busy moving house & took a while to sort the internet out etc etc... (it's a bank holiday here so everything stops) so I'm just going to leave it & see what happens!!!!:eek:

 

will keep in touch as i think i'm just ahead of you

 

keep calm:D

 

(i'm trying to:cool: )

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Guys don't feel pressurised by the bank's deadlines and stick your own. Your claims have been served and it's up to them to come up with the 'goods' on YOUR terms, not their's. I'd like to see them defend the fact that they've concealed the true cost of their charges even up till now, which is an argument in itself against their take on the statute of limitations.

 

Stick to it :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well you'll never guess what ! the halifax have only gone & paid the 6 years charges into my account- I'm panicking now as their letter said "unless you can prove evidence of this further loss the halifax will file a defence in respect of this part of your claim.Please confirm,within 7 days, that you are willing to settle your claim upon these terms.I haven't contacted them at all.I will arrange for £xxx to be refunded to your account"

 

I'm not touching the dosh but should I now let them know I'm continuing with the 2 extra years claim & do I need to inform the court?

 

Also they have paid the 8% interest figure as at the date I sent my schedule to them when I filed the MCOL (11th oct) should they not pay it at todays figure?

 

And they haven't refunded the £10 S.A.R - (Subject Access Request) fee although I haven't mentioned it anywhere on my claim as I didn't know where to include it? Duh! Would still like to know for when I have the courage to tackle the Abbey for my hubby!

 

any ideas as to next step anybody???

Pretty please:oops:

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Moses, I'd be tempted to send a rejection of settlement offer, saying you'll accept what's paid as partial acceptance on the clear understanding that you'll pursue the rest in the court claim currently running. You can also mention to them that the case will be deemed settled by YOU when they pay the remainder. They should pay you the 8% and daily interest when the case is settled, and as far as you're concerned it's not settled yet.

 

You can also contact the court for advice, letting them know Halifax have made a partial payment (even though you didn't request it) just so that you're keeping them informed too. I think it's not the first time Halifax have done this. As far as I'm aware neilbass is in a similar situation.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just checked mine moses and they havent payed me anything, but I would defo get a partial exceptance letter out just to cover yourself, although reading my letter it says, 'PLease confirm within 7days that you are willing to settle your claim upon these terms. Upon 'reciept' of your agreement we will arrange for £1728 to be refunded....

 

So they shouldnt pay if they dont get an agreement from me, is yours worded the same???

 

Sean:grin:

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Hi Sean

 

Yes my letter did say please confirm within 7 days (which I haven't done )& then "upon receipt of your agreement I will arrange for £dosh to be refunded to you r account"

 

It's a tad difficult for me to reply yet as my hubby is over here in Spain as we just moved house.He goes back on Saturday night & I need him to be in England to post the recorded delivery letters for me so I guess I'll have to hang fire till next week.

I might try to email the court in Northampton though & let them know I've had a partial payment & see what they say

 

will let you know & I'm sure they'l try the same with you but I'm not giving up for sure!!

 

Take care8-)

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hi Moses,

 

Well Ive checked today and still nothing, what date can you claim by default??

 

Ta

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Guest bluecloud

The bank have 14 days from the date the claim was deemed served to notify the court that they intend to defend the claim. If they do not notify the court within 14 days you can apply to the court for the judgment to be entered "by default". If this happens then you need to visit the court ASAP as a defendant is still able to enter a defence at any time before you request the default.

 

Once the court is notified of an intention to defend the bank have 28 days from the date the claim was deemed served to either file a defence or settle the claim. If they do not file the defence within 28 days you can apply to the court for the judgment to be entered "by default".

 

Sounds complicated but it isn't really. :)

 

 

.

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Hi bluecloud

 

I know it's Sean's thread but just a quick question- can you tell if the bank has filed a defence from the MCOL site or will you just find out from the court by post?

 

cheers

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Guest bluecloud

Assuming that MCOL keep everything up-to-date then you should be able to find out when the defence is filed just by looking up your claim.

 

Don't forget that it can take a couple of days for the defence to be filed as the banks do like their paper-trails.

 

 

.

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Hi sean any news about your claim?

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hey Moses,

 

Nope still quiet!!!....nothing at all, Im just hanging out for the 15th and see if I can get it by default......hows yuo, heard anything yet???

 

 

Sean:-)

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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