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By BankFodder · Posted
I think you need to make a crime report to the police and get a crime reference number. -
By BankFodder · Posted
That's okay – and we will help you. However I think you need to have a look at the BCOBS rules and understand them and also appreciate that the bank are likely to rise up and muster all possible resources to defeat you. For the bank to have a judgement involving BCOBS against them would be quite serious for them even if it is only for a very small amount of money. Also, you need to be aware that if the court refused to exercise its discretion and to make a costs order against you that it could be quite substantial. The basis for you refusing an offer from the bank would be that the larger issue of the CIFAS marker against you and the effect it has had on your life and the fact that it is continuing means that it is reasonable for you to continue your litigation. It will be up to the judge whether they want to have some sympathy with that view. I think that it is a very reasonable view – given that we are talking about a breach of statutory duty and they have effectively admitted that they have treated you unfairly and therefore they are in breach. However you can be certain that you will receive lots of intimidating correspondence from the bank if they realise that you are going to reject their offer. Of course I am assuming that they are going to make you an offer – but I can't imagine that they won't because they will consider the amount of money that you are claiming is so irrelevant compared to the reputational damage they would suffer if the judgement went against them, that they would be prepared to go to great lengths to persuade you to withdraw the case. Of course another possibility – although probably remote – is that they might agree to review their CIFAS decision once again – but without admitting any wrong so that they simply correct the record rather than erase it and also you would agree not to demand any compensation for the injustice that you have suffered so far. This could be a working compromise if you are happy to accept that. It would mean that your credit file would be corrected and you could open a bank account and get insurance et cetera although the record will still be against you for the amount of time that the CIFAS had been on your file. Of course this is all speculation. But you need to make sure that you are familiar with BCOBS and that you are prepared for the stress of bringing the County Court action against a furious defendant -
post hidden don't put up docx file all your pers details are in file/properties/info
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I don't have many dates of original debts. They are all between 2002 and 2006 approx. Most defaults were 2009, there are none showing on my credit report. Cabot 5 cc £15k £25mth 2 od £2.5k £ 6mth 1 loan£10k £20mth Cap one cc £8k £16mth Pra cc £1.5k £ 3mth Moorcroft cc £2.3k £5mth Aic cc £5k £8mth Link cc £5.2k £10mth Robinson way cc £6k £13mth Cc £7.5k £14mth Nco Europe/Arrow loan £1.7k £3mth Loan £4k £7mth Intrum cc £1.5k £2mth Cc £2.8k £8mth Capquest catalogue £1k £2mth I may have done something wrong, I have already posted 5 cca requests, 2 of which were to moorcroft and aic. I have also sent a CCA to pra group, link financial and 1 Robinson way account. Please advise what I should do now
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Well then that changes it slightly... You have to keep paying £20 per debt. Which was agreed with the court i assume?
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
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I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
Picked By
BankFodder,
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