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    • Yup and if you don't have / can't find the default notice, you can SAR the Original Creditor. That should contain the date the default notice was issued, sent out and sold to the DCA.
    • Sorry I missed the part about the message. Excellent news that it was clean so that we can say that any damage has been caused was hundred percent by virgin. Once again, please make sure that you have got copies of all data anywhere which is related to this problem – including damaged credit file – et cetera. If virgin do start correcting their records and deleting data then your credit file will be updated within two or three weeks and it will then be difficult to get hold of the history. Of course what would be funny would be if they simply updated your credit file as "settled".
    • My credit file was clean before this-the only missing payments or problems are those with Virgin. I did address the question of the number of the mystery handset in the post above-it just gives out the message stated. I shall get in touch with Sunderland Crown Court about the first claim-the chap from Reading said if it was their area(South East) it would be able to be as you now have an address where it is proved they could be served, but he didn't know if it was the same in every area. Obviously, it is not just a change of address but also a change of area and so a change of court that will be dealing with it.
    • They are making a big deal of the supreme court case Prudential, that compounded interest is not applicable.   A mistaken payment is not a transfer of value and such only simple interest applies    Judge thinking of striking out compound interest
    • Great, thanks for the update. I sort of wish that I hadn't suggested the ICO complaint now because clearly virgin are on notice and they seem to have expressed an intention to erase data. I didn't realise this was going to go on like that. So you've got some money in the bank – and the other thing is that it is evidence that they are aware of everything and is there is not even an attempt to challenge the judgement, I think that amounts to a bland acceptance of the responsibility – although I suppose they would say that they simply paid because it made economic sense. So I wonder what is happening to the first one? Are you able to enquire? So the clock is ticking away on the third one so we will move on to the next stage as soon as that time limit has expired. I think the fact that there are two judgements against them – and one of them has been satisfied now will assist your latest claim if it gets as far as a judge to show that virgin are serial breachers of their data protection obligations   I asked earlier on if you had a telephone number for the mystery handset and whether you had tried calling it. Also, could you address the question I put about the state of your credit file. Also, have you got copies of everything – including credit file – in case everything gets cleaned up?  
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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

FAO Dave - re: Bank's Damage Limitation


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Hi Dave,

 

Just wondered if you could clear up a query regarding offers of payment from banks...

 

If a bank's offer, before court action, is less than the amount claimed BUT states that it is a full and final, do you still need to respond with "I accept but will claim the remainder" or should you ignore it and proceed?

 

My guess is that "full and final" means you can't say both....

 

It is not mentioned specifically in your sticky.

 

Cheers

John

 

(p.s. - only posted this because your inbox overfloweth...!!)

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I know this ones for dave, but in my personal opininon i wouldnt accept it and press for the full amount.

 

Stop letting the money do the talking and think without being emotionally attached to the cash.

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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I would say that if you make an offer on the basis of it being "Full and Final" that is a condition. Therefore if you are not accepting their "offer" - that "offer" would no longer be on the table.

 

I would say that you also do not have to wait for the end of the 14-days - they have given their "final" offer - so it's off to court then!

Alan, Derby, UK.

 

 

 

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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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Thanks Natasha (and Alan), but the query is not for me. I would dismiss it out of hand!

 

I have responded to other posts asking the same question (because it is not specifically dealt with in the FAQs) and need clarification, as do others by the look of certain posts.

 

Cheers anyway.

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Personally, I would write back accepting, but stating that you accept it, but you will continue for your claim for the remainded as you believe the money to be legally yours.

 

Barclays (and probably others), will withdraw the offer, from past experience, but then pay up when faced with having to go to court to prove that they are entitled to the cash.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Thanks... :-)

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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your welcome.

 

Yeah i understand what your saying, people have to be very careful when accepting "offers" and make sure they read the conditions of the offer throughly.

The reason i said think without being emotionally attached, is because people tend to start thinking is this the best offer they can get, start to get scared and give in so in my opinion even if it didnt say "full and final" i still wouldnt accept it until the full lot is on the table.

 

Best wishes

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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Share on other sites

"you're" welcome ;-)

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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  • 12 years later...

This topic was closed on 2019-03-08.

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

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Please note that this topic has not had any new posts for the last 5435 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.

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