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    • Minster are seriously a bunch of muppets if they think they could secure a court win on what they have currently provided document wise...still i am not going to be complacent 
    • Hey,   Just wanted to share a quick experience for a lost Hermes parcel worth a couple of hundred pounds. I accepted Hermes' offer to use mediation and was pleasantly surprised! I read all the threads on here and thanks to the Bankfodder's great advice I came in confident and with notes and was not prepared to reduce the claimed amount even by 10p.    Firstly Hermes stated that my item was not one that is normally covered and due to its fragile nature it is not compensated and secondly they gave the ordinary "you have not opted for insurance bla bla". These were their points and even before I started stating my arguments they were already out with an offer to cover the item value in full and the postage costs for it but NOT the small claim fee of 25 pounds. To me this sounded as a reasonable compromise since I got other things to do during the day. This 25 pounds compromise was about 5 percent  of the overall claim value so that was fine by me.    I went to mediation extremely sceptical having read some of the other ppl's experiences, but I'm glad to say mine took only 2 quick calls, everything was settled in no more than 20 minutes, the mediator was superb, extremely friendly, polite and with a sense of humour  and they just asked me to send my bank details in response to their upcoming email and that was that.    p.s -> I could feel the mediator was actually on my side a lil bit, but what reasonable person would side with such a shameful and honestly disgusting company anyway   All in all, I would highly recommend the experience for anyone who's still on fence regarding mediation. Open small claims against them Hermes mfs, make them pay, they are so aware of their unlawful approaches ! On my part, I will never ever use Hermes services ever. However, in fairness, this whole saga's been going on for two and a half months and I've lost so much time and effort and nerves on the matter that it was worth at least 10 times that settlement. I've been through 41 calls with them regarding the item and went to their depot twice to look for my item...   Have a great week guys/gals   Best
    • i see you have all the statements in the earlier post    pop welcome int rate in cell d15 of out CI sheet Latest Spreadsheets - PPI Claims and Charges Claims - Dec 2011 - Payment Protection Insurance (PPI) - Consumer Action Group   enter every penalty charges. on it date    
    • dx I manage to locate quite alot of paperwork from welcome sent previously - what am I looking for? Im a bit worried that they are going to start court proceedings after their letter last week, im not keen to send them bank statements   Hi peterbard this is a secured loan , i dont believe there is any policy in place   dx should I have sent an SAR to Welcome and Coast even though Coast had taken over the loan?  I have a pile of paperwork i have located thats about 2 reems of paper, from the SAR's I have sent previously.  There is a lot of information - the SAR requests more recently were sent on CDROM and were not accessible after a certain amount of time (i think the username and passcode expire or something)
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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
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Hello,

I have an eviction date of 13/07/2011,

 

i am £7500 in arrears with my mortgage

the original repossession hearing was back in 2005/2006,

since then I have had a very poorly baby,

been very ill myself and still have problems with my blood pressure and liver.

 

NRAM have issued an eviction date and i have complied with them and provided all my I&E details.

I rang today to make my normal payment

 

the gentleman stated that they have made a decision and that i need to pay £4k off the arrears

and increase my offer of overpayments,

 

they are stating that i have in excess of £500 surplus income a month....

..i deffo cant find this surplus in my bank!

 

I have offered to pay £200 per month on top of my normal payments.

I am not able to pay the £4k and they have suggested that i contact the court to let them decide.

I am petrified that i am going to lose the house,

 

i am married and have two children age 10 and 5, we do not have any family support

so there would be no were we could go to.

 

I have admitted to NRAM that i had not been prioritising my debts

and that I have since seeked advise from a financial advisor

and that i am in the process of dealing with our debts with payplan.

 

I have made arrangements to go into my local court on friday to fill in the form

but im not sure what details i need to provide.

 

Can anyone help?

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Did they take the payment from you?

Have you kept up with your court order in respect of paying the arrears and normal CMI?

 

If you have not kept up with the order then they can start playing funny beggars, but if you have they have absolutely no right to try and force you to pay more, my lender tried that with me and I very happily told them what they could do with that :-D!

 

If you havent and need to go to court, in my experience provided you are able to maintain payments going forward and with your circumstances cant imagine a judge allowing the warrant to go ahead. Remember they dont want to evict people when they can afford their payments.

 

Ok so you have let your priorities in terms of finances slip, dont we all sometimes, the important thing is to take your head out of the sand and start dealing with them, unfortunately they dont just go away!

 

Oh one more thing, have they been adding charges to your arrears?

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Hi, Over the years the arrears have increased

I was only originally paying £100 per month from the suspended order but i do know that i can maintain the additional £200 and i have done this for the last 3 months.

 

I honestly thought that i did not waste money until i looked properly on my bank statement and realised that i do!!

 

I have been honest with NRAM and admitted that i did let my priorities go and that this has been the kick up the bum that i needed to get my head out of the sand and deal with my debts.

 

NRAM are looked at my income from jan-mar and matching this with my expenditure from april-june and i have told them that hubbies wages have dropped but they are not bothered.

 

NRAM have stated that the charges have been added onto my mortgage and the arrears are just arrears. Just realised they didnt take the payment, I will ring them back straight away!

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Hi there, I can help you with the form. However, you should fill in the budget sheet I have affixed as it is the one used by Citizen's advice and Nationaldebtline and it the one we normally use for these situations. The I&E forms that lenders ask you to fill in are not so detailed so your finances work in their favour. I have also affixed an N244 form to ask for a hearing to stop the eviction and I will give you the instructions for completing it later.

 

Firstly complete the budget sheet and then let me know how much you can afford to pay towards the arrears each month. I can then work on a defence statement to go with the N244.

 

A few Questions:

 

1. Is the mortgage solely in your name or joint?

2. Are you working?

3. How many children do you have and what ages ?

4. How many payments have you missed since the suspended order?

 

As soon as you answer the questions we can get to work.

Budget Sheet.xls

n244_0400[1].pdf

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I am now sat here with tears streaming down my face, i didnt realise that there are people out there willing to help...Thanks slgsue and Ell-enn. I will fill in the forms and contact you back ASAP.1. Is the mortgage solely in your name or joint? - Joint Names2. Are you working? - Yes we both work full time3. How many children do you have and what ages ? - Yes two age 10 and 54. How many payments have you missed since the suspended order? - not sure i will ring them and askEll-enn - i rang to make my normal payment plus my £200 extra but in shock of it all i never made the payment - should i ring them back and make the payment or take with me to court on the day?

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Make the payment as planned. Judges like to see that you mean what you say.

 

Try not to get into too much verbal discussion,

keep things as much as possible in writing

and send via registered/recorded post or email.

 

This is important for a number of reasons

, 1 being you have a papertrail which cannot be denied as you have evidence of sending it

 

also from my experience the conversations get messy and upsetting.

Remember they are not interested in really helping you and its not personal to them,

 

but for you this is your life and you could be pressured into agreeing into things you really cant keep to.

 

for ref I've merged the old thread

you ideally I suspect need to follow the same process again?

 

at some point in time you need to get an SAR running to them

and reclaim all the arrears charges/letter/phone/dd return/debt visit fees too.

and any stupid insurances et c they made you take out.

 

 

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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Ring them back and make the payment - this will help your case when you get to court - don't get into any discussion about what you are going to pay !

 

Have I got this right? the original suspended possession order was for you to pay an extra £100 per month in addition to the normal monthly payment, but you have increased ityourself to £200 extra and have paid that for the last 3 months ?

 

Just fill in the budget sheet - don't do the N244 yet until we're ready.

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Multiply your hubby's weekly wage by 52 and then divide by 12 that will give you the monthly amount.

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Hi,

 

Ive completed the budget planner....how do i get it to you?

 

Original suspension was May 2007 for £100 extra per month, yes things have happened and we have missed payments, now arrears of £7k, field agent came out and i increased it to £140 per month extra and then once we received the eviction notice i saw financial advisor who said that we could afford extra £200 per month so i have offered this and i have paid this in May and June april i paid £140 extra on top of agreed amount. Spoke to NRAM tonight who state that the arrears are 13 months worth and that any charges are being added on the mortgage balance.

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Hi, you can send it to me at Ell-enn@consumeractiongroup.co.uk

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Hi, got it and sent you a reply :)

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Yes, I'll try and do it this afternoon, I'm at work so will have to fit it around meetings otherwise it may have to be this evening. Do you have a printer at home?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Sorry, one more question - have you made the payment you were going to the other day ? this will help your case.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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That's great - can you get a print out from your bank account showing the payment - if you're on internet banking it should be easy (you might need to use a felt pen to blot out any other transactions on that day. We need to include the proof of payment with the N244. Was it an extra £200 you paid?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi, yes i made the payment my monthly payment is £560 and i have paid the extra £200. Yes i can go onto my online banking and print a copy, as of today it shows the payment going out but it doesnt show who to...will that matter? I may be able to get a copy from the bank if not....

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If you go into the online banking in the morning it should show up who it was paid to (my bank doesn't show the name on the transactions till the next day) and print it off then.

Affixed is the statement for Q.10 of the form. You need to fill in the info where there are XXX's at the top and also in the statement itself (remove the XXX;s) read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

On the budget sheet – write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the proof of payment except it will be Appendix 2.

Now assemble as follows:

N244 - signed

Statement - signed

Budget Sheet - Appendix 1

Proof of payment – Appendix 2

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

Buzbenic N244 Statement.doc

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These are the instructions for the rest of the form:

 

1.Names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Thank You soooooooo much! I have changed the additional payment amount to £200 as you have put £250...is that ok? I am going to go in tomorrow so i will let you know what date we get.

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I thought you agreed last night that given the excess shown in your budget sheet you would need to offer £250 extra?? Did you change the budget sheet ? I'm sure the last one we did showed £250 towards the arrears ? you need to be careful here that the statement reflects what is shown in the budget sheet - if you have an excess of £50.00 the judge will expect you to pay more. Can you confirm you received the budget sheet I sent you with the redistribution (was sent at 9.28pm)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Sorry my fault cross wires I was looking at wrong one! U have got the correct one now.

Yes I an going to increase offer. I can pay the extra £50 for June and I'm still in time to do it today what do you think?

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