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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Spitfire -V - HSBC


Spitfire
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Sent off my first letter today :D

 

Asking for all the charges they have made on my account over the last 6 years. I can see this might be the first of many letters, but I'm not going to give up , its my money and i want it back...........please:)

 

I will record every letter and all dealings i have with them on here

 

Wish me luck :D

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Go for it, it is your right and if you stick to your timescale and the rules you can't loose! Welcome to the site, by the way! You dont need luck, only elbowgrease and a bit brain!;)

 

Thanks for your kind words of encouragement. :D

 

My timescale is now written on my calender so as i don't forget when to send the next letter ;)

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I have a question. I've seen someone mention in another thread that he claimed for interest on his overdraft. Is this allowed ? Now i have an overdraft that I've been in and out of for the past 5 years. I have been charged interest on this of roughly £15 - £20 a month.only (when in the overdraft)

i was under the impression that i could only claim for the charges.

 

All help welcomed :D

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Recieved all my statements this morning :D

 

And.....sent my cheque for ten pounds back to me. Their exact words

 

'We are happy to waive any fees for the production of this information and we return your payment' :o

 

In fact it was a really nice letter :D

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  • 4 weeks later...

First letter was sent requesting a refund on charges made and it was ignored, second has now been sent. Next step court. can someone point in the right direction on how to take them to court because I can't seem to find anything on this. Ta

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If your using form N1, then your local County Court

 

Thank You !

 

I've just realised that neither of the letters were sent recorded delivery. Do I still carry on with the claim or do I have to start again. What I'm worried about is that the claim will get thrown out due to them claiming I've not sent the original letters.

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I have a question. I've seen someone mention in another thread that he claimed for interest on his overdraft. Is this allowed ? Now i have an overdraft that I've been in and out of for the past 5 years. I have been charged interest on this of roughly £15 - £20 a month.only (when in the overdraft)

i was under the impression that i could only claim for the charges.

 

All help welcomed :D

 

your earlier question seems to have been missed. you can claim for the overdraft interest that was caused by the charges, so if all your overdraft was made up of charges you would reclaim all the interest and less if it was part made up of charges. the spreadsheets in the library calculate it for you. But you would need to include it in your letters to the bank, and if you haven't already and you wish to claim it now, you would need to start again with a new prelim letter.

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Hi spitfire, have you decided whether you're going to use MCOL (money claim on-line) or take the forms to your local court?

 

Which is the best way? if i go through the local court do i have to take them in person or post them ? If i do have to go in person it may be a problem as i live in the middle of nowhere, and getting to my local court with two kids is a bit of a trek.

Which do you suggest is better ?

 

All this advice is great, thank you so much

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the advantage of using mcol is that you do it from the comfort of your home but you are very restricted with the number of words you can put on the form. I believe you can post forms to your local court.

 

Don't worry about not using recorded delivery, although it is better for your peace of mind and I would recommend it in future it is unlikely that they will claim not to have received two letters. And even if they do there is no legal onus on you to use recorded.

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MCOL - Very convenient, can follow acknowledgement and defence on-line, but limited POC space, cannot attach schedule of charges.

 

N1 - in person or by post, can attach schedule, greater scope for POC, already tranferred to your local court,

 

Thank you. :D

Think i might go for the post option... recorded this time :rolleyes:

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  • 4 weeks later...

WEHEY !!!!!!

 

Got my offer today from HSBC. It's £65 short of the asked amount but to be honest I'm happy with what they have offered plus I'm also scared I will be asked to move my accounts and i really can't afford to do this right now.

 

What a nice little bonus just before Christmas :D

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Hi spitfire - was the offer from HSBC or DG solicitors? Did you make your court claim?

 

The reason I ask is that someone else on here made the mistake of accepting an offer made by HSBC (not DG) after they had raised a court claim, and the offer from HSBC did not include court costs or interest.

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Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

 

Thanks yet again :D Don't suppose there is a template for saying thank you is there :oops: lol guessed not. And i will be making a donation as soon as the money reaches my account :D

 

Where do I find the Bank survey ?

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Hi spitfire - was the offer from HSBC or DG solicitors? Did you make your court claim?

 

The reason I ask is that someone else on here made the mistake of accepting an offer made by HSBC (not DG) after they had raised a court claim, and the offer from HSBC did not include court costs or interest.

 

I did not raise a court claim and the offer is from HSBC. They have sent me two copies to sign. I'm guessing one for me and one to send off to them.

 

thank you for all your support in this. :D

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