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    • Have you put a formal claim into Hermes? I think you should put formal claims into Hermes in respect of each one. I suggest that you leave it about five days apart so that they are treated completely separately. Hermes of course will refuse to compensate you – but then we will help you begin a legal action against them. Once again, I think that your best interests will be served by claiming and suing for only one of them – and then the second one separately once you have the result of the first one. We will help you all the way – but you need to start off by reading around the stories on the sub- forum about Hermes complaints and actions against Hermes. You need to understand the mediation process – and there are lots of good summaries on the sub- forum. Also you should read around on this website about the steps involved bringing a small claim in the County Court. Begin the claims process with Hermes so that you get a denial of liability – and then we will go to the next step.
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    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format   Don't respond to anyone without checking with us first. We would want to know why you are being asked to contact people. However, you definitely need to contact your insurer tomorrow as I've already suggested. You really need to find out what's going on, why they have made the decision that they have and you want copies. Don't tell them that you sent them on SAR. Keep that a completely separate matter – but simply ask them on the telephone to have copies of all the documents that they have assembled in respect of this case. Once again, you should be recording this.  
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
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    • 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
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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
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SabreSheep Vs Natwest + Moorcroft / ** Satisfactory Conclusion **


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Thanks folks.

 

Changed the spelling error thanks :) the spell check would not have picked up on that one.

 

OK the getting to grips with statutory interest. I understand it now as being the 8% that would be awarded on top of my claim. my poc on that bit was confused. I'm hoping the above would clarify that bit. Shall I change " I am claiming interest in restitution" to " I am claiming interest in restitution at a rate of 29.99%" to clarify the rate of restitution?

 

As for doing the cpr request, how do i word that?

 

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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A CPR part 18 request is set out in the form of questions.. you cannot request sight of documents.

 

However, depending on how they respond, you will then be able to request documents they might refer to.

 

I have attached an example so you can see how it needs to be laid out.. obviously the questions will need to be changed to suit your particular situation. Click on the thumbnail for larger version

 

[ATTACH=CONFIG]51684[/ATTACH]

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OK thanks for the template.

Im guessing I file that seperatly

Is it filed to the court, defendent or both?

 

I think I would have to use the following questions

 

1. For every breach of the agreement, what were the costs and how were these costs calculated.

 

Any other questions you think I should ask?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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It only goes to the solicitor acting for the claimant only :) Send via a tracked postal service.

 

andyorch would be the person to confirm what questions you need to ask :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Handy :)

Thanks again

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Just take sections from your intended email and draft it into question form within the CPR 18.The questions must have merit and as your claim is based on the unfair charges and are the crux of your claim.... I dont think it could be considered a fishing exercise or unreasonable for you to request this information.

 

You need to move swiftly with this request as CPR 18 does not apply to SCT once it has been allocated.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy

 

I have updated the suggested email as well. Highlighted changes in black.

 

Will deal with the CPR 18 now

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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IN THE COUNTY COURT MONEY CLAIMS CENTRE

CLAIM NO: XXXXXXXX

BETWEEN:

MR XXXXXXXX

AND

NATIONAL WESTIMINISTER BANK PLC

DEFENDANT

PART 18 – REQUEST FOR FURTHER INFORMATION

To: pERSON WHO SENT ME THE LETTER ABOVE

 

Please answer the following questions.

 

1a What were the costs to Natwest of violating the terms of agreement for all the late/missed Payments on occasions listed in schedule two of the Particulates of Claim?

1b How are these costs broken down?

 

2a What were the costs to Natwest of violating the terms of agreement by “exceeding the

credit limit as listed on occasions listed in schedule two of the Particulates of Claim?

 

2b How are these costs broken down?

 

TAKE NOTICE THAT YOU ARE REQURIED TO ANSWER THE ABOVE REQUEST WITHIN 7 DAYS SERVICE OF THE SAME UPON YOU.

 

Yours sincerely

 

nR bLOBBY

----------------------------

 

Ok can I have some feedback for this please so I can prit and get to post office.

 

Is it worth delaying my response to their letter a day to allow this a day to get served and stop them filing a defense and thus allowing the claim to get allocated before the 7 day time expires?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Corrections made so far : Natwest changed to National Westminister Bank

 

Particulates of claim changed to Particulars of Claim

 

Going to send

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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The claim will not be allocated until you advise the court you wish to proceed should they submit a defence and even then you have 28 days to respond to said defence so you still have over a month to finalise the CPR 18..

 

Dont worry about about them submitting a defence...up to them.... makes no odds to your claim.

We could do with some help from you.

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Thanks Andy

 

OK CPR 18 sent. special delivery. they will get that tomorrow.

 

Ill send my email response tomorrow

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Im also wondering, if they fail to answer or reply to my CPR 18 request if I can use that as a reason to try and strike out their defense?

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Not unless you turned it into an application and get the court to force compliance.

We could do with some help from you.

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could I do that as part of draft directions or do an application to aquire documents if they mention any in the reply?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yes you can include an application with your DQ fee £155....for information not documents...disclosure comes towards the end of a trial at standard disclosure.

We could do with some help from you.

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Email just received

 

 

Dear Mr Blobby

Thank you for your email below.

I refer to your Part 18 Request dated XX June 2014 and the request that the Bank respond to the questions therein within 7 days of the date thereof. As the Bank is yet the file its Defence to your claim we consider that your Part 18 Request is premature. However, if after the Bank has filed and served its Defence you consider that there are issues in the Banks Defence that require clarification, then that will be the appropriate time to raise such a request and the Bank will endeavour to respond to them. Consequently, we will not be responding to your Part 18 Request dated XX June 2014.

In order to assist the Bank in understanding your calculation of the interest you are seeking in your claim, please clearly set out how you came to the figure of £XXXX?

I look forward to hearing from you.

Yours sincerely

 

The Legal Man from RBS

 

Im guessing they want the spreadsheet.

If i send it do I update it to the current day? This will obviously increase the value of the claim. Is that correct?

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Appears "the Legal Man from RBS" has gone on holiday till the 1st of July.

 

I am considering a response along the lines of;

 

Dear The Legal Man from RBS

 

Thank you for your email sent on the 26/06/14.

I am disappointed that you view my request for information as premature. I would like to draw your attention to the fact that during my pre court conduct, The bank rejected my complaints saying that the charges reflected the costs of breaking the agreement" Therefore I am entitled to that information relating to those charges as per my Part 18 request.

 

I also like to point out that as the information requested forms a significant part of this case that by providing it might allow us to resolve this situation without unessasary cost and expence to all parties involved as well as to avoid the waste of Court time and resources. I ask you to comply with my Part 18 request.

 

In order to assist the bank in understanding the figure for interest in restitution in this claim I have attached the spreadsheet used to calculate the figure. Please note that the claim now stands at XXXX and Interest of restitution calculated at XXXX. This brings an updated total of XXXX. As you are aware the court has the discretion to award S69 interest of up to 8% on this top of this claim.

 

I hope this helps to clarify the matter.

 

Yours Sincerely

 

Blobby Blobby

 

Mr Blobby

 

So now I invite comments suggestions and ridicule (maybe not the last part)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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If they responded to the CPR 18 they may not need enter a defence and agree settlement :-)

We could do with some help from you.

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Im not holding my breath for an easy resolution but it does look like at the end of that last email that they might be considering upping the offer.

 

I am prepared to go all the way. Thanks to you guys im hoping that the technical issues can be answered along the way :)

 

I will of course start putting flesh on my "Electronic Bundle"

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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So question

 

Do i attach the spreadsheet as it looked like when I filed the claim, or update it to today?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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As it was...they are aware it will continue to accrue...leave off the 8%

We could do with some help from you.

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Thank you.

 

Now just tried to phone the office and it went straight to his answerphone.

Anyone know of a number to get through to their team?

 

Going to send the email regardless but just going to have to accept its not going to get looked at till the 1st

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Ok email sent with original spreadsheet. Long weekend now.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Ok email sent with original spreadsheet. Long weekend now.

 

Only if your obsessing with it...relax and enjoy your life.:wink:

We could do with some help from you.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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