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    • In fact I just responded to you by email – that what would be very helpful even if you can't disclose the settlement here, would be if you would possibly give us some bullet pointed notes about the mediation and how it went. I'm thickly interested to know if you came under pressure from the mediator to make compromises. What with the various stages of the mediation? I think this information will be very useful for others
    • Yup, safe to ignore,    Yup the 3 letter process is pointless   Yup, for goodness sake make sure they have your current address in writing, (if you've moved since taking the debt)
    • Letter going off today.      On the 25th February 2008 I received a letter advising that I was in an unauthorised overdraft position and if I failed to comply with a balance reduction plan the bank may demand full payment of the outstanding balance.   On the 21st August 2008 I was served with a statutory termination notice pursuant Section 76(1) and 98(1) Consumer Credit Act 1974 stating that on 05th September 2008 the bank was to terminate the agreement.   It is accepted that if a person fails to settle their account after receiving a termination notice the bank is entitled to register a default on the their credit file.   However, instead of registering a default the bank registered the account as a status 6, which shows that payments are 6 months in arrears. The ICO’s Technical Guidance on filing defaults with credit reference agencies states that. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default.   The filing of a status 6 instead of a default meant that damage to my credit status was not just restricted to 6 years, the damage continued and consequently both myself and partner have had applications for credit rejected.   The bank has admitted that had it followed due process and registered a default the same would have fallen of my credit file in 2014. I therefore allege that the bank negligently filed incorrect data with the credit reference agencies, the consequence of which has resulted in damage to my credit status/worthiness and reputation. The damage has extended to my partners credit status by association.   The processing of my data is neither fair nor is it accurate. The bank has breached the First and Fourth Principle of the Data Protection 1998, the First and fourth Principle GDPR (2018 DPA). The bank has been negligent, failed in its duty of care, failed to to abide by the FCAs principle 6, “treating customers fairly”, and has disregarded the ICO’s technical guidance on filing defaults with credit reference agencies.   In order to satisfy my grievance and pursuant Article 17, 82 GDPR respectively, I require the immediate erasure of the incorrect data on my credit file and compensation for the damage the same has caused as outlined above.   Yours Sincerely          
    • Thank you for giving us this update. Many people don't bother. I hope that the mediated settlement was satisfactory to you. Are you able to disclose what it was? And thanks very much indeed for the donation. We need everything we can get.
    • Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text message constitutes an amendment to an existing contract) were particularly helpful and we negotiated a settlement through the mediation service of the courts. Donation to support your website has been sent. Many thanks again. 
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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

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Bournemouth are top, Liverpool should have too much, but anything is possible. They should go for Schwarzer in January, still a very good keeper.

 

 

Ochao apparently!

IMO

:-):rant:

 

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Hodgson got it wrong, the press picked the team. He should have kept faith with Cole, more of the older heads. The defence was shocking at times.

 

Liverpool through to the semi's, meet Chelsea.:-)

Shame none of them were in the England team ;)
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...

Liverpool through to the semi's, meet Chelsea.:-)

 

 

was a fairly good game, good goals. b'mouthe had some good chances (in part thanks to our usual slack panic defending), can see why they're top of the 'ship. hopefully by jan, we'll be more on form and give the russian roubles a run for their money :)

IMO

:-):rant:

 

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Fulham win, played average first half, good second half, average overall.

Birmingham win again. Tottenham win, but should be scoring more goals.

Man City win, without any strikers, Amazon Germany have a few.

Hearts win again, I've got two winning teams scary or what.

Liverpool play tomorrow.

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Hearts win again

 

:whoo:

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Ive got a gut feeling we will be meeting in the playoffs:madgrin:

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

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We are going for auto promotion, we would be top right now, if we had shown recent form from the start of the season. We lost the first 8 games of the season.

 

Ive got a gut feeling we will be meeting in the playoffs:madgrin:
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lfc draw v the arse, we shld've won. slack defending again. 9 pts off 4th! unless we win the next 3 or 4, no chance. will have to win the uefa cup to get in the euro cup :)

IMO

:-):rant:

 

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hearts won again, on tues.

 

12 points clear now, away to Livingston tomorrow.

Rangers play Hibs at Easter Road.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hearts win 1-0 at Livingston :)

Rangers lose 4-0 to Hibs.

 

Hearts 15 points clear.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hearts win 1-0 at Livingston :)

Rangers lose 4-0 to Hibs.

 

Hearts 15 points clear.

 

50pts, roll on the spl, can they do it unbeaten :)

IMO

:-):rant:

 

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50pts, roll on the spl, can they do it unbeaten :)

 

Very much doubt it, bookies are offering 5/1

and 11/8 unbeaten at Tynecastle.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Above Fulham at last!

 

Got very wet at Dean Court boxingday

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I'm not happy about that at all, but were not playing well, we can't expect too much at the moment. Enjoy it won't last long. Hehe.

 

Above Fulham at last!

 

Got very wet at Dean Court boxingday

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We lost again, not great.

 

The clearance was a great goal for LFC.

 

to brighton! at least you wont go down now. maybe wld've if felix was still in charge

 

:) was handball

 

Pardew to palace!

IMO

:-):rant:

 

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