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    • Please take note: I got 2 tickets for 32  miles in a 30 zone on different days.  The police said its their policy to ticket anything over 30!!   I had to pay £100 for one and do the course as well.  Even as a disabled driver there was no give on the tickets. Please stop saying that it has to be 35+ it really does not. West Midlands police in Nuneaton so definitely dont go 1 mile over in that area.  
    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
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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

Bank won't refund £900 based on Email fraud. Any come back?


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Hi All

 

Really appreciate your help on this.

 

I have googled and I don't think there is anything we can do, but thought I'd check here.

 

My mother had a quote for £2700 for some building work.

She Emailed the builder and he set a date to start work.

She had a reply saying it was confirmed etc.

They sent numerous communications.

 

Then she had a reply from the builder on a fake Email address that looked just like his asking for £900 payment to secure the date.

She checked his references etc and it all seemed okay.

 

2 weeks later the builder called her asking for payment to get the scaffolding started. Obviously she thought she had paid. She hadn't.

 

The bank investigated and the fraudulent account now has no money in it so they say she has lost it and it she was at fault.

 

I told her to ask the bank in writing how long the account was open,

how many frauds occurred and when was the first one.

 

I heard you can complain based on the bank not closing the fake account in a timely manner.

 

Anything else you would recommend?

 

Thanks

 

D

Edited by dx100uk
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This is a really curious story because apart from any other questions I have, I wonder how the fraudster knew that your mother was dealing with this particular builder and knew to produce an email identical to the builder's. I find myself uncharitable wondering whether the builder wasn't involved in some way.

 

Anyway, where an account is subject to fraudulent use of the card then the bank has a duty to refund the money immediately and without any questions and carry out the investigation later on. In practice, they disobey this rule and they cause lots of problems.

 

However your case is very different because here your mother went ahead and based on instruction which she received in an email which had nothing to do with the bank, she went ahead and made the transfer.

 

I can't really see that the bank is involved here.

I do agree that if the bank has been negligent in some way in allowing a fraudulent account to be set up then this is a matter of concern but I find it difficult to think that the bank are gonna put their hands up to this.

 

I'm afraid that your only course of action would be to begin a complaint with the bank and then eventually move your complaint to the ombudsman.

 

I expect the ombudsman will find in the bank's favour. It was the bank which held the fraudulent account the same one as the builders bank?

Edited by dx100uk
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Someone with good knowledge of IT security told me recently that people should be careful with any transaction online which is not properly secure. Email is not a very secure way of agreeing to a contract and organising any payment arrangement. The email details will be hacked and the content will be available to fra*udsters to pretend they are the contracting party wanting money transferred to them.

 

Never provide any information that is a security risk within an email. Presume that your email content can be read by people that will attempt to use it illegally.

 

And it is not just restricted to email either. There are people out there who can harvest your data from what you are looking at on your computer screens. Always make sure you have the latest computer security software and keep it updated. At home make sure any passwords for secure sites that you have written down are hidden somewhere safe.

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This is a really curious story because apart from any other questions I have, I wonder how the fraudster knew that your mother was dealing with this particular builder and knew to produce an email identical to the builder's. I find myself uncharitable wondering whether the builder wasn't involved in some way.

 

Anyway, where an account is subject to fraudulent use of the card then the bank has a duty to refund the money immediately and without any questions and carry out the investigation later on. In practice, they disobey this rule and they cause lots of problems.

 

However your case is very different because here your mother went ahead and based on instruction which she received in an email which had nothing to do with the bank, she went ahead and made the transfer.

 

I can't really see that the bank is involved here.

I do agree that if the bank has been negligent in some way in allowing a fraudulent account to be set up then this is a matter of concern but I find it difficult to think that the bank are gonna put their hands up to this.

 

I'm afraid that your only course of action would be to begin a complaint with the bank and then eventually move your complaint to the ombudsman.

 

I expect the ombudsman will find in the bank's favour. It was the bank which held the fraudulent account the same one as the builders bank?

 

Thanks. I don’t think there is much we can do. It’s actually a Common [problem]. I checked on line. Basically fraudsters look for builders Emails and know they’re not that tech savvy and payments is pretty basic. They then monitor the comms on that email and then jump in with a spoofed email half way through so you think you’re talking to the same person when it’s not.

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