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    • yep did warn of this before.   let it run they'll sell it on.  
    • Update from FOS. They have sided with Tesco Bank. Their main reasoning for this is due to "floor limit's"   Thee statement the FOS put is as follows: "Regardless of who the retailer is, it’s not unusual for stores to have the aforementioned ‘floor limit’ in place. And if the store doesn’t request authorisation from Tesco for the transaction to be approved then it doesn’t have the opportunity to decline it, and once the transaction goes through Tesco has an obligation to pay that amount even if it takes the consumer over the agreed limit.   So based on the information that I currently have I can’t find that Tesco’s done anything wrong because it’s correctly applied the over limit charges as per the terms and condition of the credit card.   And while these same terms and conditions state Tesco has the ability to stop transactions and prevent consumers going over their limit, again this is only possible if the retailer requests authorisation for the transaction.   But there’s also no obligation on the business to stop these transactions, the terms and conditions say that it can or may stop them but don’t state that they will.   It’s important to remember that ultimately it’s always the consumer’s responsibility to manage their account and make sure that they stay within the agreed credit limit. It’s not the business’ responsibility to manage the consumer’s account for them and stop them from going over the limit."   If all merchants have floor limits then what's to say for example Currys having a floor limit of £500 and someone with a credit limit less that £500, does this mean the transaction goes through?   It seems like this so called floor limit is an excuse for Tesco's to make money.
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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

Employment tribunal result : Holiday Entitlement to include regular overtime


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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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