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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

Lloyds and plunging me into trouble years ago!


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Back when I was younger and stupid,

I got myself into a world of financial trouble which all stemmed with this rotten lot.

 

 

I ended up being charged £90 for being O/D by a couple of quid,

struggled to pay this back and kept going O/D because they were authorising payments to allow me to do so.

 

 

I had to, needed fuel etc to get to work.

 

 

This spiralled to the point that charges totalled £1,500 but they kept increasing my O/D limit to cover it every time,

they must have done this about 8 times and whacked interest on top.

 

There were times I was being charged £234 in one month,

my income was £800 and with other things to pay I just got stuck in a massive debt spiral

that led to me being granted a DRO in Feb 2011.

At the time the balance was £1,408.

 

Would I have a case to claim any money back from them, possibly on irresponsible grounds?

 

 

Yes, I was very stupid at the time (also had a CC with them which I was struggling with so they offered me a loan to pay back instead!)

all these charges I was never going to pay off because of extra interest on top.

 

 

They rejected a bank charges claim from me in 2009,

wondering if it's an idea to go down this route and will the DRO scupper anything?

 

 

Balance is 0 with CRAs,

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Pity as reclaiming this would be easier than for bank charges. Not impossible but very very difficult. Hopefully someone will be along soon with some advice.

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  • 3 weeks later...

I'm glad you mentioned this, thought i'd check with them today and i had a fee paying account. Totalled £159 over 2 years going back to March 2007. Got a claim in for that, thanks!

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matters not

the cost should simply be removed from the total

 

 

don't forget you are entitled to 8% stat int on each payment from the date it was made

 

 

StatIntSheet v101.xls

 

 

you need the date of the usage and what it cost them.

 

 

sar might reveal it.

 

 

what actually happen when you used it , full recover or what?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Flat battery, they came out, jump started it, charged me about £25 quid for it and off they went! I do remember it now, was on the way to work and all the dash lights etc and radio just went off. Got there and it wouldn't start again.

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  • 3 weeks later...
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