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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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

Co-op threatens sanctions and financial punishment.


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Received a standard letter template from the Co-op, hopefully attached?

 

However, it wasn't until I re-read their missive that I noticed the wording they used.

 

"Continued misuse of your account means that we can impose restrictions to your banking facilities, including your debit and credit cards, or even close your account"

 

Now considering this is only the second time I have bounced a direct debit, I find their language very threatening, quite how depriving me of £30 is ever going to force me to not "misuse" my account is totally beyond me?

After all, isn't the reason why these DD bounced because I didn't have enough money in there in the first place?

 

No wonder the finance industry is in such a mess, I rang them (Truecall) and spoke to a pleasant enough lady who told me they can only waiver bank fees once in a 12 month period, when I told her that the only payments going into my account between now and their attempted 'charge' of £30 is going to be my benefit money, it sort of fell on deaf ears, 'it's in the terms and conditions' yadda yadda yadda, 'were allowed to take money out of the account' yadda yadda yadda.

 

So letter of complaint is going out first thing tomorrow, along with my thoughts on why I feel their charges are unfair, and if they wish I will send them a letter of appropriation. In the meantime I'm looking for another bank!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Whenever i argue with my bank, i always demand to know the name and employee ID of the person i am talking to, so i can call them as a witness if i need to take court action. You wouldn't believe how fast i get passed to a manager and have my problem sorted.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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'were allowed to take money out of the account'

 

Who do they think they are, some government office or the tax man. They are just another business but one that gets it's stock (our money) for nothing and makes a profit on it, a bit like the waste recyclers but less ingenuous.

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Yes she did try and get me to speak to her manager, but I told her I would rather deal with this in writing so I can have a paper trail of evidence.

 

Don't really want to transcribe all the calls..:lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

So, ended up telling them I'll need a £30 overdraft to buy some food for the month seeing as they had taken my benefit money.

 

They ended up giving me a £40 O/D, which I used £30 to buy my food, and took the extra £10 as a means to compensate me for the trouble they had caused.

 

I then opened a new account with a separate banking group, and transferred all payments to it. Leaving Co-oP with a £40.17p O/D.

 

Looking forward to the ensuing influx of deforestation.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Well this has escalated somewhat!

 

Not at all worried mind, truecall is doing a stirling job rejecting all their calls, and recording all their failed attempts to harass me via the phone.

 

Todays post brought me a DN, and a faulty one at that!

Whilst they have learned to give the required fourteen days in which to rectify, and state an actual date, unfortunately the amount they want is the total amount they claim is owing, tut tut, try again, and remove the bank charges you have added and the interest it has accrued on those charges, then come back and we can talk like adults.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

58 calls since the 15th Oct, all expertly rejected by Truecall.

Now correct me if I am wrong, BUT, I have made it clear to them verbally NOT to call me again, (letter to go out this week regarding their harassment, and the charges I will present them with should they continue to ignore my request)

 

I am quite sure that truecall informs the caller that their call is not appreciated and NOT to call again? Can't get much clearer than that, at least they can't say that the five calls in one day they made they didn't understand?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Harrison v Link.

 

Hit them where it hurts.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 weeks later...

So after sending them a suitably direct letter informing them to remove my number from their database yadda yadda yadda, and to never call me again,

the total number of calls they have now made stands at 83, yes eighty three!

So by my poor maths @£18 per unwanted call = £1494.00 then the fee on top of that plus interest at the stat rate... :typing:

 

So just to inform the 'collections department' exactly where I'm at, I rang them and told them that I issued them a letter of harassment last week, and it clearly stated should they continue in their harassment and intimidation, that I would be billing them for the entire call history they have made. They have continued, so I have again informed them verbally, to remove my number from their systems, only for the silly boy to respond with 'they might contact you again when it gets to our other department'?

 

More fool you if you do!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 5 months later...

Just a V.quick update on this, currently paying them £1 a month, they still have ownership of the account and the £1 a month payment is coming off the total owed.

 

They have also refunded the bank charges and interest added to those charges, bringing the account below £180....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Lovely letter off Co-oP, informing me that Robbersway are now in charge of this account, and all payments blah blah blah must go to them...

 

S/O won't be getting changed, £1 a month is still being paid to the bank direct, looking forward to Robbersway first threat letter.

Truecall will hopefully start logging their failed telephone harassment calls, lets see how many the bank can rack up this year, as it is ultimately their responsibility of any

third party they choose to employ, they can carry the can!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Ok, need to pick some brains here.....mine is defunct!! :frusty:

 

To date, Robbersway have sent me three missives, last one being yesterday, gave em a little toot, wanted to bait them for a while, anyhow..

 

This account has now gone through the whole, default and termination process twice, first was figures WITH fees/charges/int second one was WITHOUT

all of their fees/charges & Int, plus Int was stopped before they terminated.

 

A GOGW was made by me as a result of their GOGW to refund all fees etc, of £1 a month, they obviously wanted a I&E form filling in, 'computer say's No!'

just set up a S/O to maintain monthly payments, however......

 

On telling robbersway that I was paying the bank direct, they insisted that the bank hadn't received any payments since June, so checked online banking and sure enough, they were returning my S/O the day after it had left my bank..

 

I'm just putting a letter together of my own to send the bank to question them as to the legality of what they are doing.

Now as I understand it, when the agreement is terminated, that basically means that the agreement no longer exist (Y/N?) therefore unless there is any express permissions written into the agreement, interest, charges, fees etc can no longer be added as the agreement which allowed them to do so has been terminated by themselves? (Does that make sense?)

 

Therefore, the part that says they ''may pass your account onto a third party debt collector to collect on their behalf'' is surely unfair/unlawful?

 

And IMO the only way they can get around this is by selling the account under the LOPA giving the 'new' owner the debt to chase, but surely they would need you to make a new contract with them in order for you to pay them?

 

Or am I really really confused?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Isnt there a law or regulation that says a creditor cannot refuse a valid form of payment towards an outstanding amount owed?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think your right, there was one somewhere with the OFT DCG, time for some digging.....

.

.

.

.

A ha!

[Note: paragraphs 3.9c of DCG and 3.48 of DMG](2) unless the credit agreement requires payments to be made to a third party, refuse to accept a payment tendered to the firm by the customer or by a person acting on behalf of the customer;

http://fshandbook.info/FS/html/handbook/CONC/7/12

 

I think I might be understanding it a little better now......so whilst the 'agreement' has been terminated, the actual 'contract'' has not.....? :noidea:

 

Time to start reading the small print I think, back in a week!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...

So CooP have now sold the ''ACCOUNT NUMBER'' only? to 'Asset Link Capital (No.5) Ltd (ALC5) Who have 'appointed' Link Farcical Outsourcing Ltd (link) to manage this account on their behalf??

 

Confused, yep me too?

 

I'm going to hold off baiting them for a while, just until I can do some research and then ring them, only to laugh you understand.....:phone:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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if the only payments into the account are clearly marked as benefits

then BCOBS should kill the debt dead.

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414497-Success-with-Satans-bank-using-BCOBS

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry attempted to post up the two scanned letters that Link sent, one they allege to be from the bank, but in the same font, and on the same paper as their own begging letter.

 

I know they use others letter headed paper, but I've already lodged a complaint to the bank using the word, 'fraudulent use of' and am leaving link farcical to their own devices for the time being, lets see how much rope they need to hang themselves...

Edited by Bazooka Boo
Brain fart and can't post up scanned missives??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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With a little luck, the attachments should show the latest missives from, link,

 

 

and the fake letter from the Co-oP bank,

 

 

both sent in the same envelope,

 

 

both with the same font,

 

 

and both using the very same paper,

 

 

yes I really do inspect these missives that closely!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sadly the debt buyer are permitted

to use the OC's logo's etc.

 

 

in a NOA.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hmm, but I'm thinking along the lines of SLC and their use of fake DCA's etc......

 

Surely this is misrepresentation?

 

Doesn't really matter to be fair, as I don't deal with DCA's, unless I want to bait them....I don't know, these are the second

clowns to chase for this, surely they know they're :deadhorse:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...

The latest missive in this somewhat tedious saga.

 

I note that they claim to have sent me correspondence before, they've not, this is the first begging letter they've sent.

 

I also note that they claim that the debt is registered for six years or until the balance is cleared!

 

Maybe they know something we all don't?

 

Ha ha, my bad, school boy error! Convert jpeg to pdf.....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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begging letter

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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begging letter

 

 

dx

 

I know, I rang them and told them I wouldn't be paying them anything, as I was previously paying £1 a month direct to the bank who kept on refunding

the payment to my account before selling it on.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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