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    • I thought I would modify the wording of the particulars to reflect the partial refund, please let me know if there is anything I need to amend   Breach of contract and/or Conversion, unfair trading the claimant used the defendant's delivery service reference number 6200157247452489 to send a parcel containing a laptop computer value £719.10 to a UK address. The defendants damaged the parcel and then destroyed it with no warning to the claimant and without authority. The defendant's actions are Unfair Trading within the meaning of the Contract Protection of Unfair Trading Act 2008. The defendant partially reimbursed to the value of £300, as per insurance taken out by the claimant. The defendant refuses to reimburse any further. The claimant seeks £519.10, the remaining value of the laptop plus a maximum of £100 damages for conversion in the discretion of the court: total £519.10 – plus costs
    • sadly both yourself and HSBC do not understand how the hacking works. google pay IS CPA its not a DD. if it was a DD , where is the copy of the Direct debit mandate you signed...there isn't one ..   last break this down..   disputed payments - 4 November 2020 <> 3 February 2021 for the total amount of £2,621.44. The disputed transactions took place using four of your HSBC Debit Cards. - i doubt you said using 4 cards at all.   notice carefully they fail to mention what the you stated in post 1at ALL.   in November of last year, as when I was out shopping I found out my card had been suspended by HSBC. I was then contacted by the bank informing me that the account had been hacked, so HSBC then issued to me a replacement card.   but have said: The debit card ending 0297 was created on 23 August 2019 and was sent to the address we hold on file. The card was stopped on 17 December 2020  ...they are hiding something here ..a fatal bank mistake.   nothing HSBC has put actually means anything, it's all twaddle proving they have never even thought about CPA on card 1. even the Roblox IP comment and google play transactions can all be explained because....   i suggest all this stems from your sons gmail account being hacked, them being able to read all the emails in/out on the gmail online portal and thus being able to log-in to google pay , get the 1st cards details from funding source page..away they go.   all of the fraudulent transactions thus made via google pay to ebay etc and o2 or a account that got setup via the 1st card before it got cancelled in december....   pretty simple when you break it down.   rather than you typing things up it's much better to scan letters etc to pdf please. if and when you do SAR HSBC then all of the above can be proved.    
    • Good evening all.   I thought I would start a post here so others can follow it from start to finish to see how it all ends as reading posts on this forum have been invaluable to me so far and I want to contribute.   I'll deliberately leave specific details out due to the case still being open. I will say that the guitar is worth several thousand pounds.   At the start of April 2021 I booked a Hermes collection through Parcel2go, to return a guitar back to the store as I wanted a refund. The store policy where I purchased the instrument from is that you have to organise the return yourself. I usually use a more reputable courier but only two were available.   I did declare the instrument for it's true value but I did not take out the extra insurance offered as it was several hundred pounds and I knew Hermes would not pay out due to it being on their endless list of prohibited items.   My parcel went out for delivery over a week ago. Apparently it was not delivered. The tracking states it was later scanned again at the depot, where no further updates or changes have occurred.   Prior to collection I took photographs of the instrument, pre and post packaging so I can show that it was definitely properly packaged and labeled in case anything like this was to happen.   I have since contacted Hermes several times (impossible by phone, all done by the online assistant on their site and then email responses following on from that) and have finally been informed that they have lost it.   I have submitted a claim through Parcel2Go as this seems like standard procedure, plus Parcel2Go state they will investigate but I'm sure that's only asking Hermes where it is and getting the same answer. The payout offered is the basic £20 fee as standard by Hermes.   I have every intention of going as far as I can to get all of the true value back as I understand that they have a legal right to ensure that they do not lose or damage goods shipped. Any advice or guidance offered here could be the difference between achieving that goal or being very upset.   I will update you to let you know if anything changes.   Status right now: waiting to hear back from Parcel2go in regards to the claim    
    • You must rewspond to it and its best with a snotty letter.  
    • HSBC already say google pay is NOT CPA, DD= CPA, and they said the system not allow them to stop any google pay.   DX is not i dont want to listen to you, but they insist said anything set on phone is NOT CPA.    when i change the new card but the info on phone still keep old info, I did try before, i couldnt pay anything via the phone, so where gone wrong?
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    • 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
      • 32 replies
    • 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
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Executors - Fraud & the Role of Banks


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Do you think Banks should give this information to beneficiaries, and their lawyers, without a court  

  1. 1. Do you think Banks should give this information to beneficiaries, and their lawyers, without a court

    • Yes, Banks should give this information to those who can show a 'legal interest'.
      0
    • Yes, a Bank's "Duty of Care' should ensure all assets held with their bank are declared.
      0
    • Yes, Banks should have a 'Duty of Care' to report crimes.
      0
    • No, a bank should not give this information to anyone unless ordered to do so by a court.
      0
    • No, a bank's 'Duty of Care' ends on the death of their customer.
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    • No, Banks should have no 'Duty of Care' to report crimes.
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My mother died and her second husband was named as the sole Executor of her estate (that is another issue not covered here).

 

Her second husband received Probate and was given the legal position of Executor and Trustee, as well as being one of several beneficiaries.

 

The Probate Document which he has signed as being 'a true and accurate representation' of her assets is in fact not true or accurate. I have evidence to show she had more assets at the time of her death than he has declared.

 

He has withheld assets from the Probate document. This is ‘fraud’.

 

I contacted Santander and Bank of Scotland and sent them certified copies of the Probate Document and certified evidence and asked them to confirm to me, and my lawyer, that the Executor had indeed missed assets from the Probate document and to therefore report him to the relevant authorities.

 

Both banks, Santander and The Bank of Scotland, have refused to do this.

 

First they said they 'had lost all of the documents' I sent them.

They then stated 'client confidentiality'. Although they have evidence of a crime being committed and their first 'Duty of Care' is to their customer, my mother, not the Executor who is committing the crime in her name.

I have asked. My lawyer has asked. The Police are unable to ask as the law does not give them the authority to investigate without going to court.

 

In refusing to give the information requested or report him to the relevant authorities, they are helping the Executor to continue with his crime.

They say to do so I would need to take it to court. At a cost of thousands.

 

I have been to the Police and although this is a criminal offence being committed by the Executor, the current laws to not give the Police the ability to get the information from the Banks and for them to press charges against the Executor.

If I want him held accountable for his crimes I must fund a costly court case to make them give the information.

 

This man is 'getting away with daylight robbery'.

 

I feel my family are being failed by the law.

 

I want to know how we can make Banks stop 'helping Executors' to hide such crimes.

 

I want more power to Beneficiaries to be able to have fraudulent Executors held accountable and Banks to be more transparent without having to resort to costly court cases.

 

Please note I do have a lawyer involved. However, the lawyer can only follow the laws as they currently stand.

To get the information from the banks requires a costly court case. Then there will be another court case to hold the Executor accountable.

 

Banks should be able to state whether an Executor has not declared all assets on the Probate document as they still have a 'Duty of Care' to the deceased, before any 'Duty of Care' to an Executor.

 

Can we get consumer action to make changes ?

Can we get more transparency from Banks ?

Can we get justice ?

 

Do you think Banks should give this information to beneficiaries, and their lawyers, the Police and the Tax Office without a court case ?

 

Please help.

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