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    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • Thank you I shall give this a go.  If I had the money I'd take it to court just to prove a point in what they are doing is completely wrong. It feels like I'm being held to ransome! 
    • then simply write (by royal mail 2nd class only - not ever email..get free proof of posting from any PO counter) and cancel your membership from todays date.   generally speaking with most gyms you should give 1 month notice before then cancelling your payment method to allow the one membership payment to be taken   however in your case, the 'free' period regarding payment covers that time so cancel your DD too.   Roko are much like David Lloyd gyms, they insist, as they elude too in their schedule in your 1st post, to it being 3mts notice, it is NOT       
    • you can't park there nor leave your car parked there during zonal times.      
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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.
       
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Mupster v NatWest


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Hi Mupster.

 

I am a few days ahead of you. AQ submitted and recieved a copy of Cobbetts AQ this morning.

 

You can read about it at Twister v Natwest.

 

I think we are both close - but I know Cobbetts can drag it out.

 

Good luck!

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Thanks, I have read your thread - I didn't realise that we got sent a copy of Cobbetts AQ. I'll look out for that. In the meantime it's a waiting game......

;) Mupster
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Letter received from Cobbetts dated January 17th.

 

Dear Madam

 

Our Client - National Westminster Bank Plc

 

We refer to the above matter.

 

Thank you for your letter 6 January 2007. (The one Deller posted on this thread for me). Upon consideration of the schedule you provided we note that you set out charges incurred on 03 November 2000. Under the Limitation Act 1980, you cannot bring a claim more than 6 years after the date on which the cause of action accrued. You issued your claim on 05 December 2006 (prelim letter dated 1st November 2006 so I included 3rd Nov 2000 quite legitimately I thought) and you are therefore only legally entitled to claim between the periods 05 Dec 2000 to 05 Dec 2006. As such, you cannot claim for the charges incurred before 05 Dec 2000, which from your schedule total £37.40 with interest. Are they right? At least they've LOOKED at the schedule.

 

Our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff. Our client is also commited to ensuring the transparency of the information that it gives its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding. (Surely this is all about me claiming not because they charged me in the first place but because of the inproportionately high charges they levied?)

However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £950. (NatWest branch originally offered me £960 which I declined as per letter in templates - claim is for £1455 plus interest and court costs).

Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

 

1. you agree not to disclose to any third party the fact of, or any details relating to, this payment (is this a new thing I wonder?)

2. you write to the Court withdrawing your claim.

 

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Friday 12 January 2007. (So their offer closed before they actually wrote the letter on 17th Jan? Anyone got a time-travelling capsule I can borrow?)

 

We look forward to hearing from you.

 

Yours faithfully

 

Cobbetts LLP

 

I would like to reply and have been mulling this over for a couple of days now, I don't want to just send off a letter written without due thought but I would appreciate any suggestions as to any important bits I should say. Also, are they correct in dismissing the first item on my claim? I thought I had done it correctly and sent the prelim letter as per template dated 1st November 2006 so I believed I could include this first charge?

 

I am sure this letter is fairly standard but it does seem to be a bit 'bullying' as if they are telling me my claim stands no chance in court etc etc.

 

Luckily for me I have such great friends on this site!!!!!!!!!!!!!!!!!!!!!

 

 

;) Mupster
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Don't worry Mupster I received exactly the same letter, they certainly try it on don't they. You are correct in thinking that your claim starts from the date you sent your preliminary letter. Send this as a response, it did the job for me!!

 

Thank you for your letter dated Xth January 2007.

 

I first contacted your client regarding their unlawful charges on XXth XXXXXX 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitations Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth January 2007.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

  • Confused 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Oh Deller - thank you!!!! The letter is excellent and I will send it off to Cobbetts without delay. Your help is really appreciated.....you're like a knight in shining armour :p

 

Hope all is going well for you x

;) Mupster
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Oh Deller - thank you!!!! The letter is excellent and I will send it off to Cobbetts without delay. Your help is really appreciated.....you're like a knight in shining armour

Not a hijack; just wanted to add my thanks to Deller for that letter. I'm planning to claim from when I first give them notice of my claim and I know that Cobblers will try the same trick with me.

 

I've now subscribed to this thread because it contains a lot of good advice.

 

Keep going, Mupster. that last offer looks like you're real close now. I'm with you all the way. :) :)

 

Bear

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Thanks, Bear, I've been watching your progress as well!

 

Stick with it - I personally feel like I'm running a marathon with this one and appreciate all the encouragement I can get :D

;) Mupster
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Thanks, Bear, I've been watching your progress as well!

Not much of it really yet. I'm currently waiting for the statements, etc back from my initial S.A.R. I sent it with a lovely big CAG label on the front of the envelope.

 

I wonder what they think when they see that CAG label. They probably say, "Ah well, here's another one we're gauranteed to lose". Mind you, they are probably consoled by the fact that Cobblers will annoy us as much as possible on the way to a settlement. :p :p

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Copy of AQ received this morning from Cobbetts and they had included the following (standard) in the 'other information' section:

 

"Case management direction cannot be proposed until the Claimant serves a reply to the request for further information which was due on 5th January 2007. In light of this, the Defendant may amend its Defence or apply to strike out"

Do I ignore this?? I have already sent the above letter as Deller suggested stating that I was not prepared to complete CPR18. I have also read quite catagorically that only the court may request further information - not Cobbetts.

 

Thanks folks

;) Mupster
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This is like you say Mupster, pretty standard. You've replied to their cpr18 request as advised and, as you've stated it's the court who can request this information not Cobbetts.

 

The courts are quite aware of these tactics they are trying to use and must be getting pretty fed up with them. It might be worth your while now forwarding a copy of your response to the court, at least then the court will be aware that Cobbetts are still trying this on.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thanks, Deller, I was thinking that myself and recall you advising me to keep a copy of the letter in case I should send it to the court.

 

And thank you for keeping an eye on me, it's so good of you to stay on the site and help others, I will endeavour to do the same!! :cool:

;) Mupster
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Hi Mupster,

 

Thanks for the support with my thread - I sure hope Cobbetts plan their cheque run for this Friday!

 

I also have a case against Barclays for my Girlfriend and really need some help - I was hoping you and Deller would check out that thread too. Think I may have just messed up.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/60883-help-struck-out.html

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Hi Twister, I will have a look at it but in the meantime slow down a bit - it is a long (sometimes drawn out) process for most of us and I was thinking more along the lines of the end of Feb not this week!! Hope I didn't get your hopes up.

;) Mupster
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The judge was looking at the AQ's on 23 January and I still haven't heard a court date. Any idea how long it usually is before you hear back from the courts? Would they mind if I rang them?

 

Thanks, Mups

;) Mupster
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It certainly wouldn't hurt to phone the court and see where your claim stands.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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The judge was looking at the AQ's on 23 January and I still haven't heard a court date. Any idea how long it usually is before you hear back from the courts? Would they mind if I rang them?

 

Thanks, Mups

 

It's what they are paid for!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Well I did phone the court this morning and was told that both AQ's had been received and the lady told me that with regards to setting a court date she was going to 'pick this one out and get it done.'

 

Can't say fairer than that, eh?

 

Mups

;) Mupster
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Had a court date through this morning - 26th March.

 

Here's the content of the court letter - I'd be grateful if I could get some confirmation that everything on it is 'standard' and I just need to send off the court bundle on Monday to the court & Cobbetts.

 

 

....with an estimated time of one hour.

The following directions apply to this claim:

1) The Claimant shall (unless she have already done so) within 14 days of service of this order to send to the Defendant and to the Court:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made;

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

c) A statement of evidence, if such is to be relied upon, as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties and, if so, identifying the relevant clause(s) persuant to which the charges were applied.

d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2) The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimes:

a) Persuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not, why not;

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

d) Any witness statements.

e) Copies of decided cased and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

3) The original documents shall be brought to the hearing.

4) The court must be informed immediately is the case is settled by agreement before the hearing date.

 

Please help me to do this right, I really don't want to mess it up at this crucial stage!!!!!!!!!!!!!!!!!!!!!

 

Thanks guys (& gals),

 

Mups x

;) Mupster
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a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made; Schedule of Charges

 

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;Your Statements(just the ones with charges)

 

c) A statement of evidence, if such is to be relied upon, as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties and, if so, identifying the relevant clause(s) persuant to which the charges were applied.See here:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

 

d) Copies of decided cases and other legal materials to be relied upon.

Basic Court Bundle

 

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

  • Haha 1
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Mupster

 

I have received my court letter and date yesterday but I am waiting before sending the court bundle.

 

Last week I called Cobbetts and they told me they had sent a request to Natwest to return to me the full amount of my claim on the 1st February. I asked for this in writing and they faxed me a letter stating that this had been done and Natwest take about 14 days to send the cheque to cobbetts. Suspicious of what was in the fax I called the Litigation Centre at Natwest and they confirmed that I was going to receive my cheque and it would be within 14-21 days after the request made on the 1st February.

 

It appears that Cobbetts just wait to see if you are going to file the AQ before giving up and it is Natwest who are delaying the cheque.

 

Anyway, I am going to wait on the court bundle as it is a lot of work especially since the decision to return my money has been confirmed to me in writing.

 

Good Luck!

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I have found 2 statements of evidence on the site, one of which I should include in my court bundle, but neither of them relates to the defence I received from Cobbetts. I am well confused. Their defence only goes on about me not having provided them with any particulars (which of course I HAVE).

 

Any ideas????? :confused:

;) Mupster
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