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    • Hi All,  I would appreciate a bit of advice re a speeding offence.    I lease a vehicle and the leasing company received a Notice of Intended Prosecution (NIP) dated  7/1/21  relating to an alleged offence speeding offence (fixed camera) on 12/12/20.   As soon as I heard from the police, I wrote back and informed them that the notice was well over the 14 days set out by the Road Traffic Act. and sent them a copy of the notice issued to the leasing company dated 7/1/21.   The police persisted in simply replying and advising me that the it was issued within 14 days! After four letters from me, asking them to explain how this could possibly be within 14 days, they eventually put a bit more meat on the bone and said that an NIP was sent out on the 15/12/20, which would, of course, be within the statutory time.    I then contacted the leasing company again,  and they have confirmed that the only NIP that they received was on 7/1/21, otherwise, they would have contacted me earlier!     The NIP dated 7/1/21 presents as an original notice, not a reminder; not sure if that is relevant.    Any suggestions as to how to deal with this one?     Many thanks.      
    • was your car on the public highway.? and how far were you into the LBL when they took it.?   outline when you took the loan out? for how much and how many months for?   dx  
    • Yes, if you don't want their money then this is the time to write to them rejecting the offer and threatening to start County Court proceedings and 14 days. Don't imagine that your letter of claim will have any effect. It simply a formality and you will have to issue the court papers. If you want to send a letter of claim then post up a draft so we can have a look. Keep it short and to the point. Make sure that you understand the next step – which is issuing the claim
    • i've done it now.  
    • Sorry,  it won’t let me edit it.
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    • 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
    • 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
      • 33 replies

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Hi there,

 

Have been using a different thread, but have now been advised to post a new thread in this forum as I am claiming back charges from Halifax.

 

Current Position:

 

Received statements, am claiming back £602 in charges from Halifax. I have issued 2 LBAs to Halifax which they have until today to respond. If I get home and there is no letter from them, I will be starting my court proceedings tomorrow. Wish me luck and thanks to excellent people on this site who's help so far has been amazing. Once again, thanks to all for your advice and support.

 

Will keep you posted.

 

Skeeloj.

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Great you found us!! - (I am not stalking you honestly! ;) )

 

Sounds like its all going to plan so far, you will see your money very soon!!

Any probs just post away on this thread!

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Hey Shaz,

 

Thanks a great deal. Really appreciate all your help I know your not stalking lol.

 

Can I ask, do you know how much court fees cost and do I have to pay it at the time of issuing my claim?

 

Thanks.

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Thanks for this. It's gonna cost me £80 according the link and I was wondering if I can claim the money back off the Halifax and do I include this in my total amount tha tI am claiming back.

 

Thanks.

 

SKeeloj

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Thanks very much. One last question (for now and sorry for all the questions). My credit cards have not responded to me as yet. I have only issued the 1st LBA to them. Is the next step I send another LBA giving them another 14 days and after that, start court proceedings.

 

Thanks Shaz.

 

Skeeloj.

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Hi there,

 

I submitted my MCOL today and had to withdraw it because I had made an error putting in my account number under the particulars of claim bit. I often wonder things happen for a reason.

 

Yesterday 17 Oct, I got a letter from Halifax saying that they didn't receive my LBA letter of the 12 September and only received my second LBA letter (I referred to my letter of 12 Sept. in this letter) and that they are now looking into my complaint. On 18 Oct (today), I got another letter saying that the figure of £602 is incorrect and they make it £292 in charges and I was given wrong information and they also enclosed a list of charges they are referring too. Well the charges they have listed only date back as far as 2004. They are offering my £109 of the £292 total. Which I will of course refuse. As a result of me going through my statements again and double checking against what they say, I have now realised they owe me £702, £100 more than my original request.

 

When they provided me with my statements of 6 year history, they said they were really sorry, but couldn't provide me with statements from Jan 2004 to Oct 2004 because they were not available. As a result of their breakdown of my charges that they supplied, miraculously they managed to identify charges applied to me from the statements they allegelly couldn't provide me with previously. However, I managed to find these statements i've now discovered another £100 in charges.

 

Please can you advise me what I should do. I was going to photocopy the statements where the charges have been applied and send these to the Halifax and reject their offer and give them a few more days to respond or should I just proceed with my court action?

 

Many thanks in advance.

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As you have amended the amount, you need to send another LBA with the amended schedule, but only giving them 7 days to respond. I would point out that the charges you are claiming go back further than those they calculated. After the 7 days, file.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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  • 4 weeks later...

Latest update... Halifax after telling me my claim was incorrect and was only for £202 or something have admitted that it is £787 and are offering me £209. I have declined their offer by telephone and told them that I would be proceeding with court action. MCOL issued on 4 Nov. They have until 25 Nov to respond.

 

On MCOL it says claim acknowledged.

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