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    • i believe thats ok let @Andyorchcheck it over mind   dx  
    • here comes £25..you have to wait sadly before issuing your letter of claim.
    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • 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.
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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.
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Bilgeman v natwest ** WON **


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Absolutely.

 

I'm keeping the long letter on file for just such an opportunity in the future and sending the shorter version off today. I will post again with updates.

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'Thank you for your letter of 11 May 2006.

As you will be perfectly aware your offer of partial settlement to my claim is derisory and unsatisfactory.

Against that background I am proceeding with my timetable, and shall be raising a claim in the court on (got to work this out yet)'.

Couldn't resist the tiniest bit of self-indulgence ;)

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I've just phoned in desperation about five more lots of charges which would have swallowed up this week's wages and managed to get them cancelled after being passed around about five departments. Remains to be seen if they're as good as their word when I check my account in the morning.

 

Just the previous £400+ to go after then!

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  • 2 weeks later...

Well, I've had my letter back from Mr Higley telling me they were in the right and if I want to accept the reduced amount I still can and how disappointed he is that I'm 'contemplating' legal action - so I must be doing something right.

 

Next stage.....

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You've seen it here before....

I liked spiceskull's simple response very much.

Don't give them an ounce of doubt that you are not contemplating but will take action.

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  • 2 weeks later...

I suspect that this is too long and detailed again but I would love to send it:-

Dear Mr Higley

Thank you for your letter of 23 May 2006. It is clear from this that you believe I do not know what I am talking about.

The reason I have declined the ‘goodwill’ offer from Mrs Crompton is, of course, as you well know, the charges you have applied to the account are unlawful and unenforceable.

Please will you stop prevaricating and return my money without further delay. I am giving you this one last opportunity, although I do not have to do this, to settle up before I pass the matter to HMCS Money Claim Online. Of course, if I do this, I will also be claiming back the court fees which, unless you make further charges in the meantime, stand at £80 on top of the £719 I will now be claiming. If you return my £719 to me without further delay I will consider the matter settled otherwise I will file my claim twenty eight days from the date of this letter on 3 July 2006.

There will be no further reminders and please be assured that I will take this matter as far as necessary to recover what is rightfully mine.

Yours sincerely

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Yeah...probably a little too aggressive as well. I imagine you'd get a response similar to the one I received, basically saying "f*** off then," with a paragraph that's practically a postscript saying how sad they are that you're taking action.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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  • 2 weeks later...

Hi again

 

I sent a watered down version of the letter I wanted to send - no threats, no aggression - and I've received a (fairly quick, it has to be said) response from 'Stuart Higley' (busy bloke, in' 'e?). I wonder if anyone can tell me what he's trying to say here and if this is now a standard reply?

 

'Thank you for your letter of 7 June 2006.

 

Since I last wrote the bank has responded to the Office of Fair Trading's statement, which is referred to in the various websites you have quoted (CAG, Martin's Money Saving Expert). We have considered this and do not accept its findings in relation to the setting of credit card fees (I'm not claiming for credit card fees, just current account penalties). We are concerned that the Office of Faor Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS (I presume they are involved with NatWest?) or the industry in relation to other entirely different products.

 

However, I acknowledge as a consequence of not refunding your charges, we will be faced with court action. Can I please remind you to use the Registered Office address to prevent any delays.

 

Thank you again for writing ('S'okay)

 

Yours sincerely etc'.

 

Sounds like they're trying to form the basis of a case here. What do you all think?

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I'm sorry for posting this as a new thread as well as in my 'Any Thoughts' one but I thought perhaps it wouldn;t get read there and I do think it might be important.

 

I sent a watered down version of the letter I wanted to send - no threats, no aggression - and I've received a (fairly quick, it has to be said) response from 'Stuart Higley' (busy bloke, in' 'e?). I wonder if anyone can tell me what he's trying to say here and if this is now a standard reply?

 

'Thank you for your letter of 7 June 2006.

 

Since I last wrote the bank has responded to the Office of Fair Trading's statement, which is referred to in the various websites you have quoted (CAG, Martin's Money Saving Expert). We have considered this and do not accept its findings in relation to the setting of credit card fees (I'm not claiming for credit card fees, just current account penalties). We are concerned that the Office of Faor Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS (I presume they are involved with NatWest?) or the industry in relation to other entirely different products.

 

However, I acknowledge as a consequence of not refunding your charges, we will be faced with court action. Can I please remind you to use the Registered Office address to prevent any delays.

 

Thank you again for writing ('S'okay)

 

Yours sincerely etc'.

 

Sounds like they're trying to form the basis of a case here. What do you all think?

 

MODERATED: Threads merged. Please stick to one thread.

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Yeah, I got about the same sort of thing. Thing is, we're not using the OFT thing as our reason for suing, but rather actual parts of the law. Their registered office is (I think) in Bishopsgate, London.

 

As for the RBS thing, Natwest are owned by them now.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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  • 2 weeks later...

Had a letter from the Collections Centre demanding bringing account up to date. Hah!

 

Reply to be sent today:

 

'With regard to your letter of 21 June 2006 regarding the exceeded overdraft limit on the above account please be informed that this matter is the subject of a forthcoming claim against NatWest, papers for which will be served to the appropriate office on 5 July 2006 as previously stated.

 

The amount you mention is part of almost £1000 of unlawful charges applied to this account and therefore your request for repayment is turned aside.

 

Please note that any further unlawful charges will be claimed back in the future.'

 

 

I used the term 'turned aside' deliberatley because that's the phrase another bank used with regard to a separate matter. I like to speak to them in their own language where possible. It's only polite.

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Eeeeee, they're some little tinkers, aren't they. Another £76 of charges went on yesterday for unpaid direct debits (one for £3 - I had one for 46 pence returned some time back a got the standard £38 pocket-pick for that). That will also be getting claimed back as will the £40 they very nicely informed me will be going out on June 30 or whenever for balloons for their Christmas Party or something.

 

What nice people!

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Time to file my claim. They've had all the time they're getting so, with the court fee, it's up to over a thouand quid. Can't afford the court fee today but as soon as I have it the claim's going in. I bet they're quaking in their golf shoes

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Hi

 

I presume this is the right forum for this.

 

I'm currently claiming several hundred pounds from my bank.

Their charges have resulted in my balance going well over my overdraft limit.

I,m a few days away from filing my claim.

 

 

Meanwhile they are writing to me,

despite my having told them several times that they will be getting taken to court,

demanding the money back and threatening me with action if I don't.

Marvellous, innit?

 

 

They unlawfully take money from me and then demand I pay them even more to clear the unofficial overdraft that's been caused by it. I don't think so.

 

 

Do I just ignore them or have I got to keep wasting time and money wriitng them even more letters?

Also, I've asked them to conduct all business in writing but they keep phoning to speak to me,

the excuse being that I haven't yet asked their department to communicate in writing.

 

 

Surely all my requests should be passed to all relevant departments with the same eagerness that instructions to hassle me are?

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fraid it doesn't work like that does it? you owe them anything they want it straight away, however if they owe you it takes a lot longer!! itsthe same with any large institution!!!

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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But surely I don't actually owe them anything if what we all believe on these forums is true coz it's not their money, it's mine and the fact that they dispute that doesn't change the law? I'm just wondering what will happen if I refuse to pay using that argument and pointing out that the court may take my view ( I hope) as well.

 

Now they're phoning me up 'to discuss repayment' despite the fact I've asked them to put everything they wish to say to me in writing. I suspect by 'repayment' they mean to them, not me. On we go...

 

They are trying to contact me by phone now. As it will be a week or two before I have the cash for the court fee I thought I'd send them this:

 

'I will not discuss this matter over the phone. Please regard this letter as an instruction to conduct all future business by letter so that I have a copy. Do NOT telephone me at home.

 

With regard to the above matter and further to my previous letter of 26 June I understand you have been trying to contact me by telephone to discuss this. There is nothing to discuss. The money you claim to be outstanding is part of a sum I am claiming as unlawful and therefore will not be paid to you because such a move might be seen by the Court as an admission of liability.

 

Enclosed is a list of charges I am claiming back from you. I will give you one last opportunity to settle this matter before filing my claim fourteen days from the date of this letter. Obviously I will expect you to clear the overdraft on this account with some of the money. The remainder is to be paid to me by cheque at my home address as above. If you do not comply with this request my claim will be filed on 27 July 2006. At that stage I will also be claiming overdraft interest at 8% and the Court Fee of £120.

 

Enclosed for your information is a breakdown of the charges claimed.'

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Tell them your account is `in dispute` at the moment, and as soon as this is resolved, you will move on and address the issues, but until then things will have to remain as they are. It is unreasonable for them to demand payment while you are taking legal action, any court would agree with this.

Won....:D:D:D...£3778.50

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The amount is in dispute you need to put that in writing .What they are doing is harrassment if your read this thread and also search this site for ' harrassment' you will find how you can stop this .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M 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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Tell them your account is `in dispute` at the moment, and as soon as this is resolved, you will move on and address the issues, but until then things will have to remain as they are. It is unreasonable for them to demand payment while you are taking legal action, any court would agree with this.

 

This is true!

 

It is also part of the OFT debt collection guidelines, which you can print off and take to court if needed!

 

also you might have s40 (1a) of the administration of justice act too.

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As a sideline to this I had a letter demanding the return of my cheque book and card (both torn to shreds and incinerated weeks ago). What's the position these days about withdrawal of facilities as a direct result of being overdrawn solely because of unlawful charges?

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