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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/
      • 49 replies

Council tax error caused refund- now they want it back!

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I moved out of Cherwell District Council and they closed my account and sent me a refund. I queried this refund and was told it was correct and therefore it was issued to me. One month later after moving they sent me a bill for the refunded amount. I spoke with them and was told they made a mistake, and was told to write in. I wrote in detailing events and received a letter back now admitting there was a mistake and my bill was calculated incorrectly. Even though the refund was issued after me checking they say I must pay them and if I don't asap recovery action will be taken incuring costs! I have a disability and live on Incapacity benefit and DLA, I spent the refund moving house so I do not have it now. Can they legally ask for it back? Thanks

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I know for a fact that they cannot claim back a benefit if they make an "official mistake" so the same could apply to council tax, however being a tax makes it debatable. I guess there is nothing stopping you offering to pay it make at £5 a month due to financial hardship and you do not have send them an Income and Expenditure sheet as only a judge can request that.

Best cause of action is to ask a CAB office for advice as the council may have made an "official mistake".

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Thanks Surfer01, yes that's what I understood about benefits... but yes as it's a tax I think it may be different. It's so annoying as I thought I'd paid it all and then they do that... even when I checked they said no it's right we owe you! It's just causing me more financial problems now. Yes CAB next on list and I have taken it up with my MP. Thanks for your feedback.

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Although it is a benefit mistake really as they took my council tax benefit into consideration for the whole year which is what caused the problem. So maybe I can argue that... we'll see.

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