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    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
    • The US president rejects claims that unemployed Americans have less of an incentive to find work. View the full article
    • Hi Toum   We really need more info, like :-   Nature of the goods you were expecting to be delivered. What does the seller have to say about the failed deliveries and the delivery with missing content. Are there still items you can track which may be delivered.
    • You'll hear from them as soon as they learn the DD is cancelled !!   Re timescale for how long they hound you, impossible to say. However, once you learn to properly ignore threats, demands, etc, it really doesn't matter.   Keep us posted.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • 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
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Cheque for full amount received today!


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due to being a bit strapped for time using this site at my work pc, i have accidentally done something a bit stupid... i have sent my bank the spreadsheet with the 8% interest column on it with both first letter and letter prior to court action.

 

in both cases NatWest have written back saying that they don't have to explain charges etc, but make no mention of my error of asking them for 8% interest (my guess is this is a form letter and they haven't responded to mine personally anyhoo...)

 

anyway, i am now due to complete moneyclaim site info (and have now fully read the info and faqs...!!!) and submit tomorrow, but not sure if i need to contact bank again saying that i only want to be reimbursed the charges amount, not the interest and give them another two weeks to respond... or just proceed with what i've given them so far

 

can anyone advise? feel like a complete dunce so please be gentle with me... i really want to get my £1000 back!

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Hi, i don't know if what you did was right or wrong but i did that from the start, so my spread sheet with interest was sent to them from the prelim stage, i have now won full settlement so don't stress out to much, your claiming it anyway so may as well let them know from the outset the full amount you want back which if rightly yours. Good luck with the claim.

Tracy

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No need to be distressed! Try to stay calm and do everything as directed here! Take Michaels advice on it not being a race!!! :)

 

Keep us updated!

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  • 1 month later...

Hi, I’ve got a bit of a weird situation, and would welcome some advice… I’m in the process of reclaiming bank charges from NatWest, and am now at the stage where I’ve received the defence papers from their solicitors. I have already opened another bank account, but when transferring standing orders etc, realised that my NatWest bank loan could only be paid for out of my NatWest account.

I tried to get a loan with my new bank, but the application was refused (I have always made my repayments on time etc, and should have a good credit rating, of so I thought).

Around about the same time, I received a letter from a debt collection agency, asking for repayment for a debt that is completely unrelated to me, at a bank I’ve never been a customer of. Anyway, turns out that following a burglary about 8 years ago, when my passport was stolen, someone started using my identity. I have reported this, with crime ref numbers etc to the debt collection people, but they are still investigating it, and in the meantime, my credit rating continues to be rubbish, and I can’t move my loan.

With this in mind, can NatWest still close my bank account if I continue with my claim, and ask me to pay back my loan in full (about £8,000)? Any advice welcome...

 

thanks x

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I am in exactly the same situation, have a read through the debate on this matter in my thread, there is a link below for the first relevant post.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/37731-big-fight-nat-west-11.html#post386868

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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  • 2 weeks later...

hi all

I’ve received ‘goodwill payment’ letter from cobbetts, offering me £750 (full claim is £1330). It starts by saying:

 

‘upon consideration of your schedule of charges we note that you set out in a your schedule charges incurred in early 2000. Under the limitation act 1980 you cannot bring a claim more than 6 years after the date on which the cause of action accrued. You issued your claim on 20 October 2006 and you are therefore only legally entitled to claim between the periods 20 October 2000 to 20 October 2006. As such, you cannot claim for the first entry relating to charges and interest on your schedule.’

 

There is only one charge on the schedule from before 20 October 2000, dated 29 September 2000.

 

However, I sent my first request for payment of charges letter on 19 September 2006, so surely I can include it? Or should I submit another schedule for the dates they suggest? Its only one charge, so no great shakes, but would rather have everything back that I’m entitled to! and £45 is still £45!

 

What d’you reckon?

 

a

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Thank you for your letter dated Xth December 2006.

 

I first contacted your client regarding their unlawful charges on 19th September 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth December 2006

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

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  • 2 weeks later...

hiya

 

i've just called lambeth county court to see if cobbetts had got the AQ in on time, and they said no (deadline was yesterday). the very friendly man on the phone said that i should now write to the judge to ask him to get natwest to pay up. or alternatively that the judge could set another deadline. will i get a letter from lambeth county court explaining all this? does this mean i'm going to get my money without waiting for a court date (fingers crossed)?

 

has anyone else had this? i was under the impression from reading everyone else's threads (incl dellers) that they normally submitted the aq right at the last minute... cobblers change of tactics, or just overwhelmed with the amount of people claiming?

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usually the court file would be sent to the judge if the time limt for filing was missed. The judge would then usually make an order (an "unless order") giving the bank further time to file it, failing which the order would provide for the automatic striking out of the defence and judgment for the claimant.

 

In some courts they take a while to do this so you might want to help them along with a polite letter to the court manager asking that the file be placed before the judge with a view to the making of an unless order.

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Well Done!!! - Another bank bites the dust!

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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A big well done buenfrog, now you too will have a great XMAS!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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well congratulations Buenofrog, just in time for Xmas & new Year, how far were you along in your claim? Tell us everything lol

 

well done x

Merry Xmas

NW (NO 1) ACC

REC'D FULL SETTLEMENT 5/01/07 :)

 

NW (NO2) ACC

REC'D FULL SETTLEMENT 28/12/06 :lol:

 

NW (JOINT) ACC

MCOL STAGE AS WE SPEAK :-|

Court date 23rd May(bring it on!!!!)

Paid up 3 wks before court date - all done & dusted ( for now lol)

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Congratulations, Buenofrog!

While I'm waiting for my settlement, I'll just drift off and do my Little Matchgirl impersonation........

:D

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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I will get the Title changed for you Congratulations.

 

Ps dont forget to donate so we can help others. ;)

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Well.... I had completed my AQ and sent that off. Called the court the following day to see if they'd received NW's. Very nice man at Lambeth CC told me they'd not received it, and that I should write to the judge to find out about the next stage etc... But then a couple of days later, I received a letter from cobbetts, with copy of their AQ, which told me they'd submitted it on the deadline day (12 dec)... Anyhoo, I thought I'd probably get a court date and have to go through sorting out bundle and all that, but got a card from post office saying had something to sign for on saturday 16 dec (postmen NEVER knock in our street. Gits.) went and collected it yesterday! Got very drunk last night. Ended up telling taxi driver on the way home all about consumeractiongroup and have given him the website details ha ha... Drunk and evangelical. Oh dear. Not a good combination. Late for work today, obviously!

Anyway, you can't get rid of me that easily - will be getting on the case sorting out my mum's!

And yes, will sort out my 5% as soon as the cheque clears (will be after christmas I guess). Thanks to everyone on this site for helping me do this. Power to the people indeed!

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