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    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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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

HSBC litigation?


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17 hours ago, Shah57 said:

There was no going forward income as the 1st lockdown came 6 weeks later and I went straight onto universal credit after that and have been on it ever since. 

 

Bottom line, at the time it was the only account I had add and all of my savings of £16500 were in there which I had no access to after it was blocked.

 

15 hours ago, Shah57 said:

 I could go directly to court and as I'm on Universal Credit I'm exempt from any fees. 

 

If you had £16500 of savings, you weren't entitled to universal credit as your were over the £16,000 capital limit. Did you not declare your £16,500 of savings to the DWP?

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It doesn't matter whether or not you could access the money, the fact that you didn't declare it is potentially fraudulent so you're at risk of prosecution or at least a large benefit overpayment which you'll have to repay. You should inform the DWP about your savings to prevent any future issues arising.

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@Will Goodfellow

 

In exceptional circumstances, like the OPs, there shouldn't be any problems. 

 

The savings of £16k were not accesible I would imagine as the account was frozen etc 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Yes - Possibly as the access to the £16k of savings etc was restored after so long. 

But its unlikely if HSBC can provide a letter of culpability for the issue. 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I doubt the DWP will care much that the bank account was frozen, the fact is that Shah57 wasn't eligible to receive UC and failed to even mention the £16,500 plus another £1000 in compensation, £17,500. And still didn't notify the DWP once the savings were accessible. The DWP is not going to just ignore that fact and decide to pay UC where a person is over the capital limit. People would be stashing money in accounts and getting the accounts locked by the bank for fraudulent activity in order to keep the capital and claim benefits at the same time. It's not going to happen.

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You've been advised to send an SAR.  Have you done that?

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I understand also that you receive £1000 from the bank by way of some kind of apology. Did you accept this £1000? On what basis was it paid to you? Was it paid in full settlement? Did you accept it on that basis? Please could you post the letter which accompanied the payment or which gave you the notice of the payment

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