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By Mojavechilli · Posted
Hello and thanks for taking the time out to review my problem. I was at an ATM I use occasionally. Plugged in PIN and amount, the cash machine whirred opened and closed a few times then said ‘thanks for using’. I contacted my bank immediately and they have started a dispute. This seems to be a common problem from what I gather reading about this now it’s happened to me. It seems a bit odd that I have to wait so long to get my money back, if I get it back at all. Surely they should be able to check the camera and see that there was obviously something wrong and no money dispensed? is there anything I need to know so I don’t get shafted here by the ATM owner or by the bank dispute? -
but they didn't remove them 'because' you agreed to pay or continue to pay + i bet they are over 6yrs old anyway and thats why they were removed. who were 'they' you complained too.. -
they didn't Lloyds did upon or before sale, anything that they can use to ID its YOU here on CAG, inc AC / ref no's and QR or Barcodes or little numbers down the edges. leave all figures dates etc etc .
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By players4you · Posted
Trouble is I cant do that though - I absolutely have to be able to get a mortgage at the end of this year and if theres a DMP or "arrange to pay" on it then I cant. Understand the ones past the default + 6 years cant start reporting but I assume by your answers that the ones that dont have a default date can. This effectively means I will need to carry on paying those 4. I am thinking stop the DMP - make a personal arrangement with the 4 that arent defaulted. At least it will have more than halved the payment - unless there is a way of guaranteeing that they wont re-appear. -
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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!
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