Jump to content


  • Tweets

  • Posts

    • 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?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • 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

Banks responsibility when accepting cash


Please note that this topic has not had any new posts for the last 1498 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I would like to know how much help you would expect from a bank if cash was paid into an account found to be a fraudster. I thought they made enquiries into the receiving bank account over a certain amount of money.

Link to post
Share on other sites

Thread moved to an appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Banks should check the identity of the person setting up the account and once done unless they receive anything from official sources regarding anything criminal, then they will presume all entries on the account are perfectly legal.

 

Along time ago, a relative had a cheque sent to an old address by a company who owed them money. A person living at their old address had somehow opened an account in my relatives name so they could cash the cheque. I suspect my relative had stupidly allowed confidential post e.g bank statements to go to their old address and the new tenant used some of the post for identity fraud. In the end my relative got the money that was owed to them and this dodgy account set up was closed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I don't understand how they open these accounts.

Every time i opened an account I had to produce a photographic id and 2 proof of address.

Easy to get the proof of address forged, but what about id?

Do they forge passports???

There are so many security features in passports nowadays that it's incredible that they can be forged so well to fool banks' officials.

Scary...

Link to post
Share on other sites

It depends on the circumstances really. The paying bank should do what it can, but I don't suppose that would be much, as the account details etc. will be held by the receiving bank not the paying bank.

 

The receiving bank would have more information but you might need a court order to get it, and by then the account would have been emptied.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Thanks for replies. I wondered where the bank stands with money laundering rules. A bank clerk takes over £10k cash from someone and pays in to an account the customer does not have a paying in book for. You'd think certain enquiries would be made.

Link to post
Share on other sites

If they suspect money laundering they aren't allowed to say anything to the customer, as this would be "tipping off". Instead they should complete a SAR (suspicious activity report) which someone else will then look at and investigate further if required.

Link to post
Share on other sites

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

any cash movement over £1k requires some form of ID to be shown by depositor if ordinary current account. the problem is that if cash paid by vistim directly into fraudster's account it proves who they were but not the fraudster....

Link to post
Share on other sites
any cash movement over £1k requires some form of ID to be shown by depositor if ordinary current account. the problem is that if cash paid by vistim directly into fraudster's account it proves who they were but not the fraudster....

 

As usual then all geared up in favour of the fraudster.

 

Thanks for links Stu

Link to post
Share on other sites
As usual then all geared up in favour of the fraudster.

 

Thanks for links Stu

 

The AML regulations aren't intended to be "anti-fraudster" though (in the same way speeding laws aren't intended to catch drink drivers, although getting noticed for one might flag you up for the other!)

 

Just because a drunk driver doesn't get stopped for speeding if they drive under the speed limit, doesn't mean the speeding laws are wrong.

It isn't unreasonable to ask how the fraudster got an account in a name other than their own, though, (if they did!), as the AML requirements should have prevented it in many circumstances.

 

If they had forged (but good quality) documents : the AML regs may make it harder to pass, but can't prevent it entirely.

 

Was the recipient account in a false ID?

Link to post
Share on other sites

More advertising in banks is a start. Bold posters alerting to fraud.Completing a mini questionnaire to ground you before you pay in cash over a certain amount. One question which comes to mind is 'have you spoken to this person on the phone if they claim to be a personal friend' Don't assume.

 

It's banks' job to be anti-fraudster. For the record maybe we should have more random car stopping, more drink and drug drivers would be taken off the road.

Link to post
Share on other sites
  • 2 weeks later...
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...