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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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IS/HB + expected windfall/what happens to my claim?


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Hi

 

I'll try and keep it short.

 

I'm currently in receipt of sickness (longterm) related Income Support and Housing Benefit. Anytime soon I'm expecting a lump-sum payment which will take me over the £16k savings criteria (I assume this is still the max limit) which means I'll no longer be entitled to receive these benefits.

 

My query is what actually happens to my current claim?

 

Fag packet maths say I'll be below the £16k in around 15 months time where I would be entitled to some benefits. I dont expect my health to improve during this time. Is it a case of starting afresh or will my existing claim be continued/re-opened?. It's something that scares the hell out of me and really wish I wasn't receiving this money.

 

Thanks.

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When your capital falls below the limit (which is £16k, as you note) you would need to make a fresh claim for Employment and Support Allowance, as IS is no longer available on grounds of incapacity and new claims are not accepted. Also, savings of £6k - £16k will result in a reduction of your weekly payment by £1 for each £250 in savings over £6k. That's what you would need to do assuming the rules are the same then as they are today.

 

However, a complicating factor is the upcoming introduction of Universal Credit, which will change everything. Does anyone know if we've heard any timescales for UC?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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You may be able to keep your benefits if you have essential house repairs etc.........but seek advice regarding 'deprecation of capital' first from CAB or other advice agency.

 

I'm on HB so 'repairs' are down to the landlord.

 

I'm using pliers to work the cooker, walking on threadbare carpets and sleeping on loose springs. Even with a holiday I doubt I could satisfactorily spend over £18k.

 

Thanks for the tip though.

Edited by Henry_Lloyd
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When your capital falls below the limit (which is £16k, as you note) you would need to make a fresh claim for Employment and Support Allowance, as IS is no longer available on grounds of incapacity and new claims are not accepted. Also, savings of £6k - £16k will result in a reduction of your weekly payment by £1 for each £250 in savings over £6k. That's what you would need to do assuming the rules are the same then as they are today.

 

However, a complicating factor is the upcoming introduction of Universal Credit, which will change everything. Does anyone know if we've heard any timescales for UC?

 

 

Thanks for that. So basically my claim is shut down completely.

 

Will this UC replace the current ESA [problem]?

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Thanks for that. So basically my claim is shut down completely.

 

Will this UC replace the current ESA [problem]?

 

The idea is that UC will replace JSA, ESA, and IS as well as HB/CTB and Working Tax Credits. But under current rules yes, your IS claim will be closed from the day you receive the money. Because you anticipate it will be ~15 months until your capital falls below the limit, no linking rule will apply so you would need to start afresh.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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The idea is that UC will replace JSA, ESA, and IS as well as HB/CTB and Working Tax Credits. But under current rules yes, your IS claim will be closed from the day you receive the money. Because you anticipate it will be ~15 months until your capital falls below the limit, no linking rule will apply so you would need to start afresh.

 

Once again, thanks.

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