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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

Interest rate swap

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I want to report a recent success in regards to the mis selling off a interest rate swap.


We (me and my sister) took the a mortgage out in 2007 which had a swap attached to it. As of last week the bank have decided to provide redress as the swap should not have been sold to us.


We have not accepted the offer as yet as I have a couple of quries.


They have agreed to terminate the swap without any fees and will repay all payments which have gone towards the swap and have added 8% simple interest. Would we be able to claim compound interest?


Also we have suffered consequential losses, Ive taken out loans incurred various bank charges and my sister has gone bankrupt. Are there any cases studies or threads I can follow in regards to reclaiming consequential losses?




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We are in the process of accepting the banks offer on a part settlement basis. And will be writing to them asking for compound interest to be paid.


I have been reading the Sempra case and I think we may have a case for restitution.


We were paying roughly £1100 a month towards this policy since 2009. The contractual rate is 5.2%.


At the same time i had a bank overdraft and a credit card from this bank, would I be able to use rates charged to me on those accounts as the bank were unjustly enriched by those rates or would I need to use the contractual rate.


Also does this seem right


amount reclaimed + compound interest + s69?


Any ideas on this anyone?

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