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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.
       
      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!
       
       
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Bilgeman v natwest ** WON **


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Most of the information on here is at worst useful and at best stunningly brilliant

 

 

there are a couple of points that worry me about going ahead and threatening court action.

 

 

When I phoned the Financial Ombudsman they told me that they thought the bank was acting within its rights to make their charges.

No mention of them being unfair or excessive.

 

 

Also I looked on Lloyds TSB's site this morning and they clearly state their charges on the pre-application page for current accounts.

 

 

Surely if they were aware these charges were illegal/unenforceable they'd keep quiet about it at least until you'd opened your account? Anyone got any thoughts about this?

 

Cheers

 

Andy

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Hi Andy,

 

The Ombudsman has said that it will not rule on the legallity of charges and is only there to deal with service issues.

 

LTSB will obviously try to tell you that they are legal.

 

If you want to reassure yourself look at the OFT report on credit card charges and see what a government department thinks of the legallity of penalty charges.

 

You are right to want to be certain in your own mind about the merits of your case.

 

Read around this site and other impartial sites to reassure yourself that the bank charges are penalty charges and therefore illegal.

 

LTSB will try their hardest to persuade you otherwise so make sure you are certain in your own head before setting out to get your money back

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Read around this site and other impartial sites [...]

 

Er, we're anything but impartial here, actually :D .

 

In fact, we're 100%, totally, completely, utterly and without a doubt biased towards justice, lawfulness and the pursuit of happiness (well, ok, I made up the last bit, but it DOES make ME happy to get my money back!)

 

That very bias is what makes this site so successful!!! :D

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Er, we're anything but impartial here, actually :D .

 

In fact, we're 100%, totally, completely, utterly and without a doubt biased towards justice, lawfulness and the pursuit of happiness (well, ok, I made up the last bit, but it DOES make ME happy to get my money back!)

 

That very bias is what makes this site so successful!!! :D

Like I said impartial.No vested interest except ensuring justice for all:D

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im in the same boat, i sent mine the same way as everyone else, informed the company that is working for barclays, wescot credit, also informed the bank. check my threads, think you will find im in much the same boat.

when you send off your DPA request make sure you mention the resolvance loan statements aswell. they are holding out on mine and giving me the run around thinking i wouldnt claim.

 

good luck, even if it clears my debts i will be happy.

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Sorry if this subject has been posted before. I've looked through the forum but couldn't see anything.

 

If the bank bounces one of my cheques as a direct result of a previous charge (not if it's due to insufficient funds on my part), and the payee then applies their own charge to my account (£20 to cover costs for example), what is the likelihood of getting that money back from the bank, either voluntarily (hmm!) or later in court? Just wondering if anyone's tried this.

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I have been loking at this as I have paid a doorstep loan company by cheque a few teimes and if the cheque bounces they have added an 'admin' charge. It started at £5 and has risen to £15.

 

As far as I can tell you would have to go after the company to get that charge back as the bank didnt levy it, the company did. But I would imagine that it is just the same process as getting it back from the banks.

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

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Statements Recieved 31/03/06

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Recieved Lie/Reply 24/04/06

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Hi Folks, hope we all had a good Easter despite the best efforts of the blood-sucking corporations.

 

Before I send this letter off to NatWest, just wondering if anyone has any thoughts about the content. Thanks:-

 

 

I refer you to a letter I have received from Mr Ian Marshall, Manager of NatWest Newtown Branch dated 12 April 2006 in response to a letter which I had delivered there as the most convenient branch at the time. The envelope carried a request for it to be forwarded to Customer Services but apparently it was opened in Newtown branch by someone to whom it was not addressed.

Reading the reply, which I am sure you will have on file, it seems that you are, either deliberately or unprofessionally, missing the point.

I have it on good authority that the regime of 'fees' which you have been applying to my account in relation to direct debit/standing order refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I would also draw your attention to the fact that the most recent spate of charges stems from an initial return of two items on 27 March 2006 (as below)

27 Mar 2006

CHG

UNPAID ITEM(S) , D/D 28.00, AXA SUN LIFE , D/D 20.00, AXA SUN LIFE

-

76.00

 

which I attempted to recall on that morning. I was told that the items would be recalled. I was NOT told that I would still be charged and, as I had done the same on previous occasions and not been charged, was somewhat surprised to see these charges applied the next day.

To date you have removed what amounts to a almost a full week’s wages from my account.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I am not, therefore, coming cap in hand, begging you to return my money as one of your meaningless ‘ gestures of goodwill’. This is not your money in the first place and such arrogance only serves to add to the insulting and dismissive manner in which you continue to behave.

I calculate that you have taken £414.00 plus any overdraft interest for the sum which you have taken. This does not include any amounts which may have been taken further back than 10 January 2006 which is as far back as my online statement shows. I also claim repayment of any sums taken from my account before this date. I am not willing to accept a partial refund.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall consider a claim against you for the full amount plus interest plus my costs and without further notice.

At this stage I have not included any costs incurred as a result of items being returned, neither am I claiming compensation for embarrassment, inconvenience or staining of my character.

Please do not telephone in reply to this letter. All correspondence concerning this matter should be in writing so that I have a record in the event that this matter cannot be resolved.

Furthermore, any moves toward closing my account or restricting services as a result of this letter will be looked on in a very poor light and will be referred to during any action taken to recover this debt.

 

 

 

 

Yours faithfully,

etc

 

 

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I like it - a lot - but if it was my letter I would reconsider the bits in red:

 

Hi Folks, hope we all had a good Easter despite the best efforts of the blood-sucking corporations.

 

Before I send this letter off to NatWest, just wondering if anyone has any thoughts about the content. Thanks:-

 

 

I refer you to a letter I have received from Mr Ian Marshall, Manager of NatWest Newtown Branch dated 12 April 2006 in response to a letter which I had delivered there as the most convenient branch at the time. The envelope carried a request for it to be forwarded to Customer Services but apparently it was opened in Newtown branch by someone to whom it was not addressed.

Reading the reply, which I am sure you will have on file, it seems that you are, either deliberately or unprofessionally, missing the point.

I have it on good authority that the regime of 'fees' which you have been applying to my account in relation to direct debit/standing order refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I would also draw your attention to the fact that the most recent spate of charges stems from an initial return of two items on 27 March 2006 (as below)

27 Mar 2006

CHG

UNPAID ITEM(S) , D/D 28.00, AXA SUN LIFE , D/D 20.00, AXA SUN LIFE

-

76.00

 

which I attempted to recall on that morning. I was told that the items would be recalled. I was NOT told that I would still be charged and, as I had done the same on previous occasions and not been charged, was somewhat surprised to see these charges applied the next day.

To date you have removed what amounts to a almost a full week’s wages from my account.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I am not, therefore, coming cap in hand, begging you to return my money as one of your meaningless ‘ gestures of goodwill’. This is not your money in the first place and such arrogance only serves to add to the insulting and dismissive manner in which you continue to behave.

I calculate that you have taken £414.00 plus any overdraft interest for the sum which you have taken. This does not include any amounts which may have been taken further back than 10 January 2006 which is as far back as my online statement shows. I also claim repayment of any sums taken from my account before this date. I am not willing to accept a partial refund.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall consider a claim against you for the full amount plus interest plus my costs and without further notice.

At this stage I have not included any costs incurred as a result of items being returned, neither am I claiming compensation for embarrassment, inconvenience or staining of my character.

Please do not telephone in reply to this letter. All correspondence concerning this matter should be in writing so that I have a record in the event that this matter cannot be resolved.

Furthermore, any moves toward closing my account or restricting services as a result of this letter will be looked on in a very poor light and will be referred to during any action taken to recover this debt.

 

 

 

 

Yours faithfully,

etc

 

 

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Yes, change the considering and tell them how it is, define your own timelines. But I like it otherwise ;)

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Thanks, Both, I did wonder about that. Best not let the weasely toilet-drinkers have any excuse for prevaricating, eh? Any more observations eagerly awaited....

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It's fine - just don't use words like 'consider' - it sounds undecisive. As Neo says, tell it to the bank like it is: it's your money, they will pay and if they don't then you will take them to court. Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Probably someone has raised this before but I was thinking about the banks' claims that their charges are fair. Well, even in the fantasy land they exist in, if they were once long ago, they have continued to rise far in excess of inflation so how do they make sense of that and how well would it hold up in court? Sorry I haven't put that very professionally but I think you can get the gist of what I mean. And I'm not a professional.

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Absolutely. My point is they were always illegal so increasing them by more than the rate of inflation should make them even more illegal than they already were. Hypothetical, I know, but even more unjust than before.

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Please be aware that these charges are unlawful and not illegal. There is a subtle but important difference in meaning.

 

I'm not sure that there are degrees of unlawfulness as such. There are definately degrees of disporortionality and I suppose that to the extent that the increases make their charges more disproportionate to cost, then the chances of winning become greater.

 

I'm in a pedantic mood this morning.

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  • 2 weeks later...

Sorry if this subject has been addressed before. Couldn't find it anywhere. If it has, perhaps someone would be kind enough to post a link.

 

I'm a self-employed courier with a rapidly deteriorating bike. I work under contract for one company and my money is paid into my bank weekly (mandatory). Running costs escalate all the time as you can imagine. I have to have access to funds to keep the old heap on the road. The point is, the most recent spate of charges I've incurred will almost swallow up next weeks' money leaving me with none to cover the above. I'm in the processs of opening a basic account with another bank but until then my money will automatically go into the existing one so next week and the following week's money will yet again go towards paying Natwest directors' golf club fees.

 

What I would like to know is, if this renders me unable to work and earn money, would I be able to claim for loss of earnings and any other inconvenience resulting directly from unlawful charges? Or even, maybe?? If I cannot pay my tax on time purely because of these charges, can I make them liable for any fines and overdue charges the IR might impose? If anyone out there has any experience it would be useful to know so I can compose aletter to the lovely people at Natwest informing them of the likelihood of court action to recover several weeks' money and anything else I can think of.

 

Have a good Sunday:)

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Have you discussed the situation with your bank? If not, then the answer to:

What I would like to know is, if this renders me unable to work and earn money, would I be able to claim for loss of earnings and any other inconvenience resulting directly from unlawful charges?

...would be an EMPHATIC no. If the bank is unaware of your situation, then there is no way that they could be held liable for anything resulting from that situation.

 

This is not to suggest that them knowing would make them liable, but they might be slightly more helpful if they knew the areas that you needed help with. My first suggestion would be to speak to them ASAP, to outline the difficulties you are in, and to see if they can cut you a little slack.

 

Good luck, and keep us posted.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Have you got another bank account, one that you could use instead? If so, it may be worth having your wages paid into this instead. There are many threads discussing the merits of different parachute accounts - just do a search on 'parachute'

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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I presume you will then be claiming the unlawful charges back.

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.

 

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I've alreday started the ball rolling and given them notice to that effect so it may be a litle too late to start appealing to their 'better nature' any case

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