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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • 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
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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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Dear X


I am acting as lay representative for xxx. I refer to your letter dated xxx.


[only include bits in square brackets if they are a road you are going down.]


We do not believe that xxxx is liable to your client for the amounts claimed or at all. [it is our position that your client accepted xxx's immediate resignation on xxxx.][it is our position that your client was in repudiatory breach of contract due to xxx which xxx accepted, thus bringing the contract of employment to an end.] [The contract of employment does not clearly refer to liability on account of agency costs.]


Please also be aware that xxx was unable to work during the six week period for medical reasons, due to xxx. Please find enclosed select documentation in support of this. Your client would have incurred agency costs regardless and consequently there is no loss for it to pursue. Furthermore, if it is your client's position that the contract of employment continued for a six week notice period and the court agrees, your client would be liable to xxx for at least statutory sick pay during that period.


In relation to the figures mentioned in your letter, these do not add up due to xxx. Further proof of xxx is required due to xxxx. Pursuant to paragraph 5.1 of Annex A of the Practice Direction on Pre-Action Conduct, if your client wishes to pursue this matter you are required to provide such documents within as short a time period as is practicable.


For these reasons, the claim made by your client is not accepted. If your client chooses to bring proceedings they will be vigorously contested. xxx reserves the right to bring a counterclaim for unpaid pay of xxx and/or sick pay during the six week period.


Yours sincerely





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Oh thank you both so much, your input will make it much easier for me to word now, really appreciate your time.


Agreed, some people give too much information away, on a personal and business level, I'm a huge offender!


Thanks again

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Does this look okay? Looks a bit rude to me, but trying desperately not to waffle or give anything away I cant go back on as Sweetlorraine suggested.



I am currently acting as lay representative for ****

In response to your letter dated 14/03/2014, we do not believe **** has any liabilities to your client for the amount stated, or at all.



The contract of employment does not clearly refer to liability on account of agency staff costs.

***** was declared unfit for work by her GP, therefore unable to work the 6 weeks notice period. **** remained unfit for work until 1st March 2014.




Information required



Explain the figures in your letter as they don’t add up.

Substantiate losses and provide proof.



If your client chooses to bring proceedings, they will be vigorously contested and *** ** reserves the right to bring a counterclaim for unpaid pay and holiday pay. Once I have received the requested documents, I will forward to you, all documents we intend to rely on in court.

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I think you should remove the last sentence. The CPR encourages disclosure of essential documents by each side before proceedings are issued, but you shouldn't be undertaking to provide all documents you intend to rely on in court at this early stage. This comes later if proceedings are brought.


I would add something like 'and accordingly your client did not suffer any loss as a result of xxx's resignation.' after '1st March 2014'.




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Um, after removing last sentence, and adding as suggested above, should I add, enclosed is the medical certs covering the 6 weeks relevant period, and list employment contract, letters between the parties as docs to rely on court, or do I send some of them now, maybe just the correspondence during the first 2 months

Sorry, bit confussed,

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Save it until you reach the disclosure stage of court proceedings. Before proceedings have been issued there is no requirement to provide any documents. Despite their very broadly worded request, it is not normal to provide everything you might want to rely on before proceedings have been issued.


I would probably provide the medical certificates, providing the certificates clearly show that she was unable to work during that six weeks. If they don't clearly show this then I would keep my power dry and simply not provide any documents at all.


Certainly no need to provide the letters or employment contracts or letters as they already have these.




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Medical certificates are clear, so I will send those, 2 x each for 4 weeks


Glad you clarified the documents issue, I was concerned as solicitors did state in their letter to send documents with the full response, so thanks for that.

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  • 5 weeks later...

If you have already replied clearly setting out why you deny liability, and retained a copy, then probably not necessary to provide the same information again. It is looking like they will go ahead and issue a claim so you need to be prepared for that.




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crossing my fingers it's posturing. You've already replied, of she intended to go to court, why would she be delaying?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks Emmzzi, that's what we're thinking, she's said at least a dozen times she'll take it to court, just get on with it and let's get it over one way or the other.

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  • 2 months later...
  • 6 months later...

A year on and heard nothing more. Hoping that's the end of it, but will update in the unlikely event of anything further.

Many many thanks for all who offered advice ate he time.

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