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    • Great thanks. I will get on to it later this evening.
    • Well as I said, this is really outside my experience but I really don't understand why such a one-sided term which is also calculated to negate the court rules about costs is not considered to be an unfair term under the consumer rights act. As far as I can see, the unfair terms provisions simply refer to "a contract" between a trader on one hand and a consumer on the other hand. There is no definition on consumer which suggests that it has to be in terms of buying retail services in the usual way. It simply says that they are entering into a contract outside their normal trade or profession. Have you checked to see whether or not this aspect has been considered? Have you looked in the above case to see whether the issue of unfair terms was raised?
    • So they only sent you the NOSP/NTQ via email to date !   Its good you're seeing a solicitor who can answer all your question, keep us posted on CAG.
    • Thanks Brass.. got rid of Zoom as suggested..   dx100uk.. that's a great suggestion, but perhaps after I win this one we can go after his terminology    
    • pretty much par for the course then for a fleecing DCA that expects, as 99.9% of respondents do, wet themselves and cough up the instant a court form lands. they never expect a defence to be filed and simply don't bother to get their ducks in line.   so get each of these instances of missing paperwork together  list them. pop up on our enhanced google search box and type in claimform card default won or various other sentences and knock up a few words for each instance to relate to the sheriff during the CMD about how each is important within the consumer credit act and for the claimant to not hold them, under CCa rule xxx (for a DN its section 87) , its fatal to their claim.   dx  
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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

Unplanned Overdraft Charges

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Just a quick question, before I ring LTSB tomorrow.


I've had an account with them for a few years and never had any problems with charges, but at the end of January had some problems and went into an unplanned overdraft. They won't give me a planned overdraft (fair enough) but were happy enough to authorise an unplanned one, with all the fees that go with it.


On the 20th of January, I went overdrawn by £74.99

I repaid all of this on the 17th of February.

Over the 27th-29th of February, they again allowed me to go overdrawn by £50

On the 1st of March, they pushed my account to £134.14 overdrawn because of the added charges. I naively assumed these were charges from January and February

I then paid in the money to cover all this on the 19th of March

On the 1st of April, they charged me again taking me overdrawn by £87.91 - I repaid this the following day


I had assumed (wrongly as it turns out) that the charges on the 1st of March were for Jan & Feb, and the charges on 1st of April were for March. I have today (yesterday actually) been charged another £95.95 which I now realise is for March.


I don't have the funds to pay this off until the 19th, so it means again next month getting almost £100 of charges.


Is there any chance they'll either write off these fees based on my misunderstanding, or even just freeze the charges so I can get myself back into a decent position? I also think it's incredibly unfair they decline me an overdraft of £50.00 but then allow me an unplanned overdraft of £49.99 which has now cost me £271 approx (plus the further cost of charges to follow next month).

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