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    • 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.    
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    • 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.
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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
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Hi there , just looking for a little info in regards to a recent claim i put in to santander and wondering what the outlook may be ?

 

I joined an online REVSHARE business called " MY ADVERTISING PAYS " back in march 2015 , and this was the first program i had got involved in when i started network marketing online ,

 

i invested about 4-5 grand in this business over a period of about 18 months ,

the idea of this business was that for every credit pack i bought costing $50 i would receive $60 back , ( yes i was gullible and believed this) as it looked legit at the time ,

 

i had now managed to purchase 235 of these packs over a period of time ,

i was earning roughly $100 off this program ,

 

when it came to the time i wanted to withdraw

, they then turned the option off ,

leaving thousands worldwide with mass losses ,

 

i contacted santander , and put a claim in that i didnt receive the service i had signed up for , and would like them to put a fraud claim in so i could claim the funds back ,

 

i used my visa debit card to do all these transactions ,

over the time period ,

 

they have since closed down " MY ADVERTISING PAYS" and reopened it as " THE ADVERT PLATFORM " and started doing the same again !!

 

what are the chances of me getting any of the money back ??

 

ty in advance

 

badboy09

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If it looks like a Ponzi scheme (almost said the sc word that rhyms with ham, but the site autoedits that!), but the promoter says "no, it's not!" : look at the scheme itself.

 

Does it rely on new joiners to create the revenue being paid out? Clearly.

 

(Not essential but a 'warning flag'; does it tempt existing members to "re-invest" their "gains"?). This one seems to have done so.

 

Your own maths tells the tale.

235 packs bought at $50 : $1175.

 

Yet you believe you "invested" 4-5,000.

Even if that was $4k instead of £4k (keeping the figures as low as possible) where did the extra $2825 come from?!

 

So, I suspect any claim you could make would be limited to the $1175, but even then : you were buying into a business, albeit a Ponzi one.

 

I suspect Santander will say "you were buying a service with risks,and that is what you got", in denial of any claim.

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ty bazza , yes it was a foolish and costly one , the reason i said $4k was because it was , the way it works is this , you buy a credit pack it lasts for 90 days , then expires but it pays you $60 from the $50 you invested , and with the amount of packs i had i had quite a few expiring and then i was using the $60 i made and investing it into another credit pack , if that makes sense , i have had way more than 235 over the period of time i was in it , but its hard to calculate when packs drop off ( expired) and then when other ones are bought , when i spoke to santander they had amassed all the payments i ever made to this company and its roughly 4 grand there and abouts , and yes it did rely for you to bring in referrals to the business to , it sounded very appealing at the beginning when they showed you how easy it was to earn money , and it had been around for a couple of years as well , might as well take it as a lesson learned i guess :(

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You still haven't lost 4 grand.

 

You've bought 4 grands worth over the whole period.

 

However, they've "paid out" for the ones that expired and got paid before the pyramid collapsed!

Why should you be considering claiming for the one's you bought and got paid out for, (regardless of what you then chose to do with that money!)

 

Your claim should focus on what you bought and didn't get paid out for (but even then I don't rate that claim's chances!)

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