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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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

Ishmo186 vs HSBC


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Here we go just sent my prelim letter to the bank today so going to wait the long awaiting 14 days till LBA letter is sent out, thanks for all the info guys, just crossing my fingers, wish me luck

 

Ishmo186

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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cheers digger help was great ive clicked the scales ill keep you all posted thanks agai

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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Ive read a few posts and most people send there letters recorded delivery, ive sent mine first class to my local bank, would this make a difference or do people send their letter reocrded to get there faster lol.

 

============================================================

 

Prelim sent : 23/9/2006

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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also what are the standard charges that MCOL charge and do i get these charges back??? thanks

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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How much do you usually get charged as i will have to pay using my hsbc account which will probably make me go over my Over draft limit therefore incurring more charges, are they re claimable? thanks

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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As far as I am aware the amount you are charged for MCOL depends on how much you are claiming back from the bank and you get that back when u win.

 

wouldnt worry about how you sent your letter. you may want to use RD for your next letter so that HSBC cant pretend they didnt recieve anything. I handed all mine in at branch and asked for a reciept because I didnt want to have to pay postage on the very heavy schedule copies i needed to send lol.

So, its best to get some sort of proof of sending but dont worry about what is already done. stick to your timetable and dont give them an inch!

 

Good luck

 

Kaz :D

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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my claim is for £2700 and cost me £120 on MCOL. I think it starts at £30 and goes up depending how much your claim is for. it calculates it all for you when u use mcol. hope that helps.

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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thanks kazzy ill bear this in mind and send my next letter recorded delivery.

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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got a letter today from bank,how ironic i sent my prelim letter on sat and then got a letter about current account plus and a review of overdraft fees, little do they no i am claimingmy cash bk, not long now, 12 days left to go till LBA letter is sent out, it told everyone at work and there like "no you've got no chance" so slightly bricking myself with the negative feedback ive got at work.

If i win my claim, will HSBC close my account or take away my overdraft facility because even if i win my claim i'll prob still need my overdraft facility, any ideas thanks ishmo!

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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is it easy to change all your direct debits over to another account, because i have got an abbey national account that i could use but not sure how to change everything over, sounds like a bit of a ball ache lol.

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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they dont tend to close your account until u make more than one claim on the same account or a claim for more than one account. So basically, as long as you only sue them once u ought to be ok lol

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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that should be okay, just hope they dont take away my overdraft facility, i may even ask them to increase the overdraft limit to 1500 other than the £500 one i already have then i cant be charged if i go over. still considering in changing bank tho hmm? 11 days left to go and counting nothing heard yet!

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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hey i still havent heard anything from them yet, is this normal as i have been waiting for 7 days now, or am i bein impatient, if i dont here anything from them shud i still keep to my deadline and send the LBA letter on the 14th day? thankss

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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Hi ishmo.

In any case stick to your deadlines. It is HSBCs tactic to make you nervous. In my case, they waited every time to the last minute or ignored deadlines. One day after I filed my MCOL I had a letter offering me only part of my claim, but after the deadline ended. Should that happen to you, see my letter to them in my thread.

NO SURRENDER go and get them!

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hey guys well the 14th day is up tommorw so think its time to send the LBA! anybody listen to radio 2 yesterday as they had a debate on there about claiming your money back, and they had this woman from the bank on there saying that the banks are right we are wrong, well she wouldn't be saying that if it happened to her would she, anyway crossing my fingers

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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Yep its a case of being very patient and calm.

They knwo your tiemtable for dealing with this so just stick to it and be as calm and clinical as possible.

You have to remember they will do everythign they can to filter out those claims that they think will be a push over, its the cheaper option for them.

I love the smell of banks coughing up refunds early in the morning

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well i havent heard from them 14 days after the prelim letter so ive sent the LBA letter today, just hope they pay more attention this time!gettin abit nervous now as the money claim is getting closer but also feeling good as i can add on the extra 8% just hope it doesnt get to that stage and they offer to settle early.

Another thing is that i went to the abbey bank yesterday to change everything over, i had an account with them ages ago but due to not using this account for ages it has gone inacive and they are now saying i have to use the abbey account for a while so my credit score goes up or something along those lines. just cross my fingers HSBC don't close my account as revenge )o:

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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Help Help Help, not heard anthing from hsbc yet BUT i checked my account via online banking and ive gone over my overdraft limit, so i had two bills go out today but on my transactions the money has gone out then it says reversal and then the money has gone back into my account??? does this mean that the DD has bounced?? i also have got a £30 charge???what does this mean? have they stopped me paying for these by bouncing them as revenge, please help!

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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yes it means they have bounced it AND charged you for it. dont worry, u can add this money to your MCOL claim. they've done this to me loads of times.

 

i had a call from them today saying they were going to put more charges on my account and i simply informed the guy i would start another claim against them in court if they dared to charge me again. (im already at mcol stage). its worth ringing them and letting them know about pending court action so they are better off stopping it as you are already taking action.

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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thanks kazzy, ive not got long till the mcol stage, bit anxious tho as i have to now ring up the people that the direct debits have bounced and explain why cant pay, oh well cant wait till i get all my money back from them, do i send a copy of my spread sheet on the mcol stage to mcol or do you just tell them the round figure?

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

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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