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    • I find it difficult to imagine that they actually want to "repossess" the property. Presumably there is nothing in the lease which says that service charge debts are automatically secured on the property. You haven't told us anything about the value of the property as opposed to the value of the service charge which is being sought. To a certain extent it's outside my experience – but it seems to me that this would fall under the heading of an ordinary debt. Of course if they obtained a County Court judgement, then they might eventually be able to enforce it against your assets – one of which would be the holiday home. So I think you ought to give us a bit more detail and also post up the claim form in PDF format please
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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

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Started my war against RBos yesterday after going to my bank to plead them not to charge me £28 for going 32p over on my account (I put money in the account as soon as i was aware of it about 4 hours later!!!) Anyway they said NO so in a strop i sped home and got my letter printed and cheque signed to get my statements back.

 

Been debating this for a while but yesterday was the final straw lookin forward to a new year and a new bank account anyone know any decent ones???

 

Em.

 

(:-x me yesterday)

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  • 4 weeks later...

Recieved the first package of my statements from RBS today i'm claiming for two separate accounts this one adds up to £264 was gonna post off my letter tomorrow to ask for these back or should I wait till i get the next lot through and ask for them all at the same time?.

Opened two flex accounts with Nationwide and have transfered all my direct debits and salary over to them, not giving RBS another penny!

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No reason to wait.....get your letter off!!!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 2 weeks later...

RBS - COWBOYS !!!

 

Had to phone RBS today as they still haven't sent out my other account statements "we will re-request them free of charge bla bla bla"

 

Went onto my online banking and they have taken the £10 fee from my account along with a "Historical Statement Fee" of £5 and yes you guessed it sending me over my limit again pending a further £28 charge :mad: !!!

 

Straight on the phone to charges department,

:they said "along with the £10 fee you sent us we also charge £5 for requesting historical statements"

:I said "you are not allowed to charge more than the statutary £10 fee for the data protection act subject acess request, which you have already taken"

:they said: "you should have been informed of the additional charge?"

: I said "well i wasn't, so you have taken money from my account without my knowledge or permission" (think i should charge them for putting me overdrawn without prior arrangement!)

:they said: "we'll have to look into it and call you back"

 

They phoned 5 mins later and said the charge had been refunded it was a mistake! and they will ensure that no charge is levied on my account. ;)

 

They also mentioned that my statements for the other account were sent out yesterday so should be with me any day now.

 

Bring it on !!!

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  • 2 months later...

Heres an update of my progress so far looking for some advice now:

26th Feb - sent off my letter requesting payment of charges on two of my RBOS accounts (The letter included a schedule for both accounts 1st account £176, 2nd account £585, a combined total requested of £761)

no response within 14 days

14th March - sent off LBA

16th March - recieved a letter saying "thanks for my letter of 1st March 2007, we do not agree bla bla bla........ However having reviewed your case and as a gesture of good will and without admission of liability in this instance we are prepared to offer you £176......., To accept this offer in full and final settlement of your complaint please let me know by completing the reply letter attatched"

The reply letter states Re: Account number ********/**-**-**, which is the account number for the 1st account and the claim of £176, there is no mention of my other account or the amount in total im claiming.

I am unsure if I send the acceptance letter that this will mean I cannot pursue the claim for the 2nd amount of £585?

Are they trying to confuse me into saying "yes il accept, claim over" or do they deal with the accounts separately. I haven't recieved another letter for the other account and was going to accept the refund but state that I will continue to pursue the request for the other account and start court procedings if I dont not recieve the money for the other account.

Does this make sense?

Advice greatly appreciated.

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Simply put in your letter something along the lines of:

 

I accept this settlement for my claim against account xxxx only, please send the cheque at your earliest convenience.

 

However, there is still a (EDIT - not complaint) claim outstanding for account xxxx for £xxx and as you have failed to reply with regards to this I will now be issuing a claim for the full amount, plus the standard 8% interest and costs.

 

Try and jazz it up a bit too, just written quickly.....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Edited post #7

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Is this okay?

.........

Thank you for your letter dated 15th March 2007. I accept your offer sent 14th March 2007 for settlement of my claim against account: ******** only. Please credit the account at your earliest convenience.

 

However, there is still a claim outstanding for account: ******** for £585. I am giving you a further 7 days in which to issue your final response letter and then I will pursue recovery with a County Court if necessary for the amount of £585, plus the standard 8% interest and costs.

I have included for your attention the schedule of the claim for account: ********.

Do you think anything else should be added?

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Is this okay?

 

.........

 

Thank you for your letter dated 15th March 2007. I accept your offer sent 14th March 2007 for settlement of my claim against account: ******** only. Please credit the account at your earliest convenience.

 

However, there is still a claim outstanding for account: ******** for £585. I am giving you a further 7 days in which to issue your final response letter and then I will pursue recovery with a County Court if necessary for the amount of £585, plus the standard 8% interest and costs.

 

I have included for your attention the schedule of the claim for account: ********.

 

Do you think anything else should be added?

 

 

 

Great, just need to have a look at the grammar around here (in red).

  • Haha 1

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 4 weeks later...

Hey, lookin for help !

I have recieved my refund of the first account (£176) but have heard no more about the second account the claim for (£585), they didn't even acknowlede the letter (above) had been recieved they have gone over the "7 days to issue their final response", now i think it's time to start court proceedings but i can't find the threads there are so many.... and i'm cracking up with uni work at the mo can anyone give me some advise or direct me to the threads i need to look at.

Greatly appreciated

Emma

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Head over to the library. Also there is a Guide in the FAQ section that tells you everything from start to finish.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Following my post on 19th April I recieved an offer from RBS for £409 for the outstanding account, which is £179 less than i'm claiming for. I was going to accept this as part payment of the amount outstanding but plan to go ahead to claim the remeining £179 outstanding through the small claims court I was going to give them a further 7 days to deliberate this then go for it.

Any thoughts? is this the right plan of action?

Emma.

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