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    • Thank you. I'm the type of person who has to understand how everything works.   That annoying kid in class who always has his hand up!
    • a court bailiff will not do that and fleecing DCA's cant use HCEO as its a regulated consumer credit agreement under £5k. you'll not find one CCJ thread here where this has ever been any diff. forget google! bit like the USA election was rigged and trump won twaddle.   stick with cag eh?   so use our search top right in the red banner backdoor CCJ whilst you await getting the info.      
    • please just type no need to keep hitting quote....   read what it says in red at the top of the CPR 31:14 template..carefully again.. i can see this thread continuing with these series of schoolboy errors and you screwing up if you dont learn to read and follow things carefully .   just send the CPR as is no need to worry about if or not something is applicable . they rarely respond anyway which is why we say don't miss defence filing date whatever happens..  
    • Stop worrying about bailiffs and read what dx100uk  has posted  ..........................................................
    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj? Or point me in the right direction so I can read up on it.   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
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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

Basic Current Account - Debit Card Fraud***Resolved***


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I'm doing the cardinal sin and posting this on behalf of a friend who doesn't have access to the Internet from home.

 

My friend has had £200 stolen from their account by debit card and are currently on ESA/PIP due to serious medical issues and mental health conditions. My understanding is the transactions were taken by debit card.

 

The Fraudster attempted a payment of £500 and then £400 and then £200 the formers were declined and the latter was accepted. The card in question has now been cancelled and it was reported as soon as they became aware.

 

Barclays are insisting that an investigation be done before any money is refunded taking at least up to 10 working days. We all know that isn't true per the FCA rules here: https://www.fca.org.uk/consumers/unauthorised-payments-account

 

This is going to cause them serious problems as they need to attend medical appointments and put food on the table etc. They have offered a £35 GOGW payment in the first instance. The question becomes, how does one quote the legislation over the phone to effectively force the bank to behave themselves and issue those 'temporary refunds' until the case is investigated?

 

Whilst I am sure they would be happy to make complaints to the FoS etc.. They need access to their funds and the bank are being deliberately obstructive. They want me to speak to them later today to see if quoting the FCA rules has any effect. But is there anything else you could advise in the second instance.

 

Friend is classed as vulnerable adult with serious mental health issues too.

This is how I spend most of my life :ranger:

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After visiting the local branch with my friend this afternoon and quoting the FCA guidelines attached in this post. The bank have credited my friends account for the amount stolen.

This is how I spend most of my life :ranger:

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Excellent work and a good result.

 

Phone conversations were unlikely to bring the result you needed unless you told the phone staff the call was being recorded by YOU for later proof.

 

You now need to ensure the bank LEAVES the refund and accepts that YF was NOT responsible for the fraud.

 

You've given no info about the nature of the fraud so it's hard for us to offer advice about this but feel free to come back if necessary.

 

:-)

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