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    • Thank you, that is really helpful advice. He paid Goods and Services. I have all the messages we exchanged. Hopefully it will be fine, I just thought it dodgy that he's already saying he will send back if he's unhappy before he's even got the book. Why not have those conversations first.  I have another book to sell too and already have quite a lot of interest.  So am I best sending extra pictures of the condition to each interested person and making it clear it is sold as shown in the pictures and I won't accept refunds? 
    • Done.   I wont be able to send the SAR until the end of the month for TT as I wont get paid until then and I'm a little out of pocket as its my first month working after a spell of no work. Wil that be an issue?   Also what's to stop people jsut selling ficticious debts off? As far as I know, a telecoms provider can't charge you when you move and they can't supply, meaning that a large proportion of that debt is ficticious?
    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

Court victory against Npower - Npower transcript appeal. - Fund closed - thank you


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We are asking people to make donations in order to help us collect the cost of the transcript of the hearing and judgement in a recent successful case against Npower.

 

You can read the Npower thread here: – http://www.consumeractiongroup.co.uk/forum/showthread.php?436401-nPower-Mismanaged-account-County-Court-claim-issued-aganst-Npower

 

The case which was heard last week is the culmination of a long 2 to 3 year battle against harassment and mismanagement and incompetence by Npower and their legal department.

 

Although the case did not produce the damages which were asked for, the judge did hold that Npower had contractual duties towards their customer and that they were in breach of their duty.

This amounts to a very significant victory because Npower denied that they owed any duties at all to their customer - whether in the quality of their account management, their complaints handling or even in respect of a duty to provide accurate bills. (Frankly, you could scarcely make it up!!)

 

Even during the case, the Npower lawyer tried to divert the discussion away from the issue of liability altogether.

 

Furthermore, the judge criticised Npower and made it clear that he thought that the customer had had a very difficult time and was entirely justified in bringing the claim.

 

The claim had been made unnecessarily complicated by the poor and unprofessional bullying approach of the Npower litigation department. This fact was not lost on the judge who went on to criticise Npower in scathing terms about the style of their litigation.

 

We will be doing a full write-up of the case and also of the unprofessional approach which Eversir has had to endure for a considerable amount of time, just as soon as we receive the transcript. We will be publishing much of the transcript on this forum for other Npower victims to read.

 

We have just made the application for the transcript but it is likely to cost in the region of £800-£1000.

 

We need help to pay for this and so we invite anybody to make a donation to us.

 

If we are lucky enough to receive more than the cost of the transcript, then anything extra will simply be used as part of our resources to pay our bills and expenses and to keep on going to provide our help for free.

 

If you would like to donate, then please click on one of the donate links and you should be taken to a PayPal page.

 

If you don't have a PayPal account, click the link anyway because you will be able to use a credit or debit card instead.

 

Please only give what you can afford – but do remember that if you are giving a very small amount, that PayPal takes a minimum fee from every donation and also a percentage. This means that if you are considering donating only £1 or so, a substantial part of this will simply go to PayPal – and so without appearing to be ungrateful, you probably shouldn't donate.

 

Please tell your friends or tweet this message using our short url http://cag.tw/1iqb

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No - I don't expect so - not at County Court level anyway.

To get such a thing done would take ages - even if it was successful.

The best thing to do is to go through normal channels, pay for it and get it as soon as possible.

We haven't had much of a response to our appeal so far. It#s a bit disappointing.

 

On a related point, I find that we have now been shut out of two Npower Facebook groups. Npower Nightmare https://www.facebook.com/groups/517771428350844/ have banned us completely - I think because we criticised the suggestion by them that it was necessary to use a claims firm and to pay a barrister £600 for advice.

 

Nasty Npower seems to have put us on moderation so that posts have to be approved - https://www.facebook.com/groups/1401825313433928/ and this means that my message informing people about this new victory has not been published and nor has our appeal for help.

 

I have no idea what the admins of these groups think they are up to and how their action help the Npower victims who come to them. The only people who get comfort from this are Npower.

 

If anyone has access to these two groups, maybe you could tell their members that we have a victory against Npower and that they should come here to read about it. (Mind you, you might get banned!! - not very Charlie Hebdo, is it?)

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Thank you for letting us know, Polly :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes thank you.

 

Apparently the administrator was busy

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I'm not sure if this idea is permissible. Crowdfunding?

 

There are plenty of other community groups doing so but what is a community when it comes to CAG?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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In certain circumstances a court transcript can be obtained free of charge… I was able to get one as I was a LIP and deaf...

That is useful info, thanks. Not for this case unfortunately, but it may be useful to someone in the future

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  • 2 weeks later...

Update one this:-

Thank you to everyone who has donated so far.

 

We have collected about £400 so we still need another £400 or so.

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It has to be done by a transcription service who are authorised to receive the tape from the court and to transcribe it. Much of the transcription has then to be returned to the court for approval by the judge before it can be released to us.

We have made the application. The tape has yet to be sent to the transcribers. When they get it, they will give us a quote for the work which on my calculation will be between £800 and £1000 plus VAT. There is about 3.5 hours of transcription to be done. We are not VAT registered.

If we collect more than we need then the extra will be used for our own expenses.

 

Just another spin-off of the hassle and problems caused by Npower and their legal assistant Kenneth Radley Davies Madley Smadley Hadley Sadley Mavies - lost in court and criticised by the judge for their treatment of their customer and the handling of their litigation.

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Radley, Madely, Hadley and Mavies? Is that a wind up? lol

 

No, it is he.

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I am very pleased to learn that I have seriously over-estimated the cost of this transcript.

For the slowest 15 day turn-around, the estimate is £510.

 

We are still about £100 short on our transcript fund appeal - so if anyone is feeling generous .... donate!!

 

Ta

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The invoice for the transcript has now been paid and we should have it in the next few weeks.

 

Thank you for everybody who contributed to this fund. Your support has been greatly appreciated.

 

I should say that in fact the fund is still a bit short of the target, and we have made the rest up. If anybody wanted to make a few more donations to bring up the shortfall, it would be very gratefully received.

 

We have our server bills coming up in the next couple months as well!!

 

Once we have received the transcript – which has to be approved by the court first – and we have gone through it, we will post up most of it – and certainly any highlights, for everyone to see. This is likely to happen sometime towards the end of September.

 

In the meantime, anyone else who has trouble with Npower, should take courage. They really aren't very difficult. They are simply obstructive and obtuse – assisted by a very poor professional legal attitude from the legal department.

 

However, if you have an issue with Npower, we suggest that you don't hold back. Attack them directly. There is nothing to be frightened of and at the end, the exercise can be very interesting and it is a great sense of satisfaction to realise that you have stood up for yourself against these and other bullies.

 

The more people who attack Npower and other similar soulless institutions, the better it will be for everyone.

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We have now received enough donations to pay for the transcript.

 

Thank you everyone who donated.

 

For those who didn't get round to it - and who have a bit of money to spare - we have a hefty server bill coming up in a couple of months - so we are still happy to receive donations.

 

Thank you to everyone.

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Yes, excellent news :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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YEY!!!!!!!! Im glad I did my bit for it :) Im happy you managed to get the money for it!

 

I owe you all massively for getting me out of a bad situation soooo many times.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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