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    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccessful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccesful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • lastly did you send a CPR request?   Sorry I know CPR stand for civil procedure rules but the last thing i sent was the DQ to the court and the defence.
    • Thankyou dx   I have now redacted the claimants first WS   I have also redacted the bindle which contains the claim form and my defence   I will upload but just one last check please     The date of the alleged contravention and the times are all visible. Also, on the photographic ANPR the times are also visible.   The various hearing dates are also visible except the exact time of the day.   Is that OK or do i need to remove some of this info?    
    • bundle and WS are the same thing. all you need to do is do a witness statement  you have an advantage here don't lose it  you have their WS so can we can rip it apart.   do the link FTM says please get their WS up totally read our upload guide carefully inc use of PDF reducer /merge sites.   we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.   forget everything else you think you need to do or might have been wrong in process.   all you need to do is get a WS done and file it to the claimants sols and the court. pref by 18th.   lastly did you send a CPR request?      
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Refund Interest Calculation


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Hello

 

A major bank (per this thread section) has contacted me regarding incorrect charges that were wrongly added to a loan I had with them back in 2006 which was settled in 2007.


In calculating the refund amount, they added simple interest @8%pa (13 years worth) to the repayment. I remember reading somewhere that such interest should be compounded instead of simple. The difference in final amount between the two methods of calculation is fairly significant.

 

I wanted to know if you were aware of the case law(s) or legal principle(s) applicable so as to apply compound interest as opposed to simple interest to the refund amount? Or perhaps you can refer me to something to read? I'd like to request compound interest if at all possible. I don't want to waste time trying to get Compound Interest unless there are strong legal grounds for doing so.

 

Left to them of course, they prefer to pay simple interest as the figure will always be less.

 

Many thanks in advance.

 

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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I will guess this is because they didn't send Notice of Sums in arrears letters.

interesting to see hfc doing this, though I will guess its HSBC tidying up the mess they inherited.

 

if the creditor fails to provide a notice of sums in arrears when required to do so,

 

then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided),

 

he is not entitled to enforce the agreement.

 

In addition,

 

The debtor is not liable to pay any interest that relates to the period of the creditors failure to supply

…..

 

they have deprived you of the money by charging said interest

it cant be compounded

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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