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    • Yes that sounds correct Commensurate use
    • I don’t have the details to hand, they’ll be on an old IDE hard disk from my old computer and I’ll need to buy an adapter to access those files.   But from memory, I think the case was around 2016 in an English county court. A lawyer was posting progress on a case he was working on, I can’t remember which forum, arguing that Erudios DAF forms breeched unfair contract law.   Erudio settled the matter out of court just before the case was heard when the lawyers client accepted an offer to backdate all his deferments and make changes to future DAF forms.   Very soon after all the posts relating to the case were removed from the forum, I suspect as part of the settlement deal with Erudio.   TBH I wasn’t sure at the time that I was going to be able to use this anyway, given that there was no ruling on the case to refer to.   I just wanted to make them aware that I knew they had granted deferment to somebody who hadn’t used their DAF.   I turned 50 in February 2018.   Strangely, I can’t find a copy of the default notice or their final response.   I say strangely because I have what I thought were all my Erudio letters in a file in date order.   I can only think therefore that they were sent by email and I did have a period were I had to switch email providers and email addresses because emails were being lost, and then when I switched the previous provider deleted everything.   I did manage to backup some of those emails before the previous provider deleted them, but again they would be on my old IDE hard disk, so I don’t have access to them right now.   Sorry I know this isn’t much help.   How essential are these letters?
    • Purchased an ipad from very . 4 weeks out of manufacturer warranty the item broke . APPLE would not replace ad it was out of warranty and said due to consumer rights may be able to get help from the retailer (VERY).   Very wanted a report from Apple before they would go any further . Due to COVID the apple shops have only just opened i have got a report which states there is an internal fault ipad is in excellent condition with no signs of external damage .   Very have said they will refund but less 20% because its been used . Is this right ? All I want is a replacement item I expect a £400 item to last longer than 12 and a half months.     Any help or info would be apreciated 
    • In fact even better, if you could get the property inspected by Social Services then I think that would be all you need. We can then see about taking any necessary action to recover your money – which would probably amount to bringing a legal action – as long as we can find them. Doing know whether they have offices or whether they are traceable? How did you pay? I think that you should get an independent inspection of the property to confirm its bad state of cleanliness. I suggested that if you could get another firm of cleaners in to give a statement then that would be a good idea and it would also be a good idea first of all to write to West Cheshire Facilities Management and put them on notice that you will be carrying out your own inspection and that if it incurs a fee that you will be looking to them for reimbursement of that fee as well as the cost of making good their substandard work.   I tried accessing their website but it doesn't seem to work at the moment. This is rather concerning
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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

Update from 1st letter


Please note that this topic has not had any new posts for the last 5405 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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Hi everyone just got this site info from martin lewis site and have just emailed lloyds with the dpa request will keep you posted dean :)

male professional guy looking to save money

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Welcome to the forum! Keep us posted

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 2 weeks later...

Hi had this reply to DPA request how long should I wait before issuing reminder thanks

 

Thank you for the e-mail.

 

I acknowledge your request for copies of statements/transactions of your account since March 2001.

 

Under the circumstances, your e-mail has been passed on to the Manager of the Complaints Unit within Service Recovery and I have asked that he notes your requests and responds to you at the earliest opportunity.

 

Regards

 

Keith Boden

Lloyds TSB - Service Recovery

Birmingham

 

sent it on the 13th March

male professional guy looking to save money

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If you used the library DPA letter, and mentioned the 40 day requirement, then no reminder is necessary. If they miss the deadline - report them. You have confirmation that they received the request - the ball is now in their court.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

Just sent off email asking for refund of charges over last 6 months only £302.00 but all helps will tell you what happens.

male professional guy looking to save money

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Have you just sent a standard letter or one asking for your statements? I still have all my statements and just wondered if you needed to send that letter first?

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Have you just sent a standard letter or one asking for your statements? I still have all my statements and just wondered if you needed to send that letter first?

Hi,

 

You need to get some sort of transaction history to calculate the refund you want to request. Statements are the easiest way, so best to request these first. Also best to keep to a thread of your own eg [sorceress V bank]. That way you will find the answers to your questions a lot faster. :rolleyes:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You're not treading on people's toes, but someone else would have made the same suggestion. It keeps it simple for people when they get advice in their own thread, and they don't have to read through a lot of other (unrelated) questions...I wasn't having a go at you :rolleyes:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Request was calaculated using information from the last 6 years statements, for excess overdraft fees, returned direct debits and unpaid cheques etc. Will ley you all know what happens gave them 14 days to reply.

male professional guy looking to save money

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Just had this email

 

 

QUOTE

 

Re: Account Charges for Overdraft Excesses and Returned Items

 

Thank you for taking the time to contact us about your account.

 

I understand that

 

· You feel that the charges you have incurred are unlawful.

 

You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

You have requested that all charges incurred should be refunded for the past 6 years.

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website. While banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet payments they have requested us to make.

 

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively, you may wish to consider alternative banking arrangements.

 

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've attached one with my letter. This tells you all you need to know about resolving your complaint with us.

 

If you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration.

 

Yours sincerely

 

 

 

David Just

 

 

 

 

WHAT DO I DO NEXT SUGGESTIONS GRATEFULLY RECEIVED THANKS GUYS

male professional guy looking to save money

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Just got this repsonse

 

QUOTE

 

 

Re: Account Charges for Overdraft Excesses and Returned Items

 

Thank you for taking the time to contact us about your account.

 

I understand that

 

· You feel that the charges you have incurred are unlawful.

 

You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

You have requested that all charges incurred should be refunded for the past 6 years.

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website. While banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet payments they have requested us to make.

 

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively, you may wish to consider alternative banking arrangements.

 

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've attached one with my letter. This tells you all you need to know about resolving your complaint with us.

 

If you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration.

 

Yours sincerely

 

 

 

David Just

 

SOME ADVICE ON WHAT TO DO NEXT WOULD BE GRATEFULLY RECEIVED THANKS GUYS

 

 

MOD NOTE: THREADS MERGED TO MAKE IT EASIER FOR PEOPLE TO FOLLOW YOUR CASE

male professional guy looking to save money

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That seems fairly standard - continue to the Letter Before Action.

 

Please can you udate onto this thread then we can better follow your progress, and it enables people to give you advice knowing the full history.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Right had this response today suggestions please on how to respond would be greatly appreciated Thanks Dean

 

 

Dear Mr Williams

 

Thank you for your e-mail dated 12 April 2006.

 

Unfortunately I am unable to add any further information to my letter dated 11 April 2006 and I am only able to refer you back to the terms and conditions of your account, although I do respect your opinion about our charges.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have attached a leaflet, which outlines how to contact them

 

Yours sincerely

 

 

 

David Just

Assistant Manager

male professional guy looking to save money

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  • 4 weeks later...

Had response from David Just stating Bank had dealt with account within the law and that this was his final statement on the matter, so I have filed a claim today for Court, little bit nervous but hopefully won't come to that.

Will keep you updated.

 

Dean

male professional guy looking to save money

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Your next step is moneyclaim m8, get the court proceedings started.

 

Now the big guns start.

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

male professional guy looking to save money

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Please note that this topic has not had any new posts for the last 5405 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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