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    • Thanks BN. I should add, that any Bailiff action is, to my mind unconscionable under the present circumstances, and the point should have been raised by the Master IMO. As usual our problem will not be, what the amendment says.  But more, what some EA will imply it says, on the doorstep.    
    • Yes agree UB it will be unworkable in practice, the issue being that some EA will regard the Virtual CGA as allowing them to physically force entry later if payment not forthcoming.  Or like some bailiffs used to try to imply that phone call a desperate debtor makes at Compliance stage is in effect a Virtual CGA when itn is nothing of the sort. Rule 1 it is known some  bailiffs Lie. Rule 2 Treat all bailiffs as liars until they prove they are not.
    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
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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

Express clearing charges scam?


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On Friday I deposited a cheque for £45,700. at a Nationwide branch into a previously set up flexicard account, zero balance; yet with working internet staement access. I was told that it would normally be cleared by Thursday.

I asked for it to be express cleared. They offered me a fast clearing service for £12.00, yet with no guarantees. They told me that they would mail out the cheque and phone me when cleared and the funds available. I paid the £12.00 in cash, expecting to have access to the £45,700 before Thurs. and hopefully on Monday. Today it is Wed noon, still not available. Is this service a [problem]?

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On Friday I deposited a cheque for £45,700. at a Nationwide branch into a previously set up flexicard account, zero balance; yet with working internet staement access. I was told that it would normally be cleared by Thursday.

I asked for it to be express cleared. They offered me a fast clearing service for £12.00, yet with no guarantees. They told me that they would mail out the cheque and phone me when cleared and the funds available. I paid the £12.00 in cash, expecting to have access to the £45,700 before Thurs. and hopefully on Monday. Today it is Wed noon, still not available. Is this service a [problem]?

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The way the banks "special clear" cheques is a lottery dependent on the vagaries of the British postal syste. At best it speeds up clearance by a day. At worst it can take longer than normal clearance.

 

Making a same day CHAPS payment can be just as bad. Abbey once took SEVEN days to process a CHAPS to another UK bank. Got £50 in compensation for that one which just about covered the costs of using their 0870 helpline to figure out what they had done with my £60k.

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The way the banks "special clear" cheques is a lottery dependent on the vagaries of the British postal syste. At best it speeds up clearance by a day. At worst it can take longer than normal clearance.

 

Making a same day CHAPS payment can be just as bad. Abbey once took SEVEN days to process a CHAPS to another UK bank. Got £50 in compensation for that one which just about covered the costs of using their 0870 helpline to figure out what they had done with my £60k.

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seminole, i would be really interested to know how it is possible to "express clear" a cheque.

 

due to various contacts in the profession, a cheque must obviously go through the clearing system - this cannot be altered.

 

many banks offer a "special presentation" service. This does not make the cheque clear any faster, but usually your bank can get a decision from the paying bank as to weather the cheque will be paid. This is normally dependant on the uk postal service, so again, nothing is guaranteed. This system is mainly used by business who, for example, are waiting to ship an order, but need to know if they will be paid.

 

If anyone has any information on how a bank can express clear a cheque, i would love to read it.

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seminole, i would be really interested to know how it is possible to "express clear" a cheque.

 

due to various contacts in the profession, a cheque must obviously go through the clearing system - this cannot be altered.

 

many banks offer a "special presentation" service. This does not make the cheque clear any faster, but usually your bank can get a decision from the paying bank as to weather the cheque will be paid. This is normally dependant on the uk postal service, so again, nothing is guaranteed. This system is mainly used by business who, for example, are waiting to ship an order, but need to know if they will be paid.

 

If anyone has any information on how a bank can express clear a cheque, i would love to read it.

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 683 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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