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    • Hi Andy Yes, its a question of what the court will enforce. the section 98 and 76 terminations are none default terminations. It is unlikely a court would give the creditor a judgement if they did not offer some kind of arrangement in the first instance. They did permit the overdraft.   You are right in saying it is not as cut and dried as in say a running account agreement where there was an agreed repayment schedule on the terminated agreement.    
    • One little thought that may help alleviate that pressure. Remember that, after you've filed your Tax Return, you have 12 months (to 31 Jan 2022) to re-open/amend it, claim any more expenses overlooked - or fix any other errors - and re-submit the corrected Return online. So long as your re-submission does NOT trigger additional tax/N.I. bills then the re-submission itself won't cause any fines or penalties. Get the Return filed as accurately as you can, and pay whatever tax/N.I. is due, by the end of this month THEN, if necessary, reopen the Return to amend/re-submit asap after that. Good luck with it all.
    • This could well be a Letter Before Action.  Please redact your personal details and then upload it.
    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
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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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I am just about to file my on line claim and just have a couple of questions, (1) I am claiming on 2 accounts with Lloyds TSB but in their correspondance they have combined the accounts, should I make 2 seperate online claims or combine the two? (2) I have received £750 in my account as a goodwill gesture so have reduced the amount claimed by this. How do I calculate the 8% interest as this is on the full amount and not the reduced amount, Also, Is it a possibility they will take the money back out of my account when they receive the court order?

Please help I am very confused and dont want them to win !!!! :|

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Hi Cat,

I think you will win so hold on tight. There is a spreadsheet that you can use to calculate the 8% so still a bit of work to go. Yes, it is my understanding that the 2 claims get put together as one, which might also work out better for you when calculating interest.

 

Also, you need to send a letter rejecting the offer that they have sent. I am not sure if they will debit the money back out from your account so my advice is don't touch it just yet (tempting as it may be with the new year on its way). But keep the faith as so far most if not all claims have been settled in full as long as you stand your ground!!!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

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Hi

When I claimed against Capital One they paid part back which I accepted but I did it as such "thank you for your part offer, regretably this is unacceptable and I await full reimbursement". They shouldn't deduct the money back of your account but as the other person says don't spend it just in case. Have they given you a run down of what they are crediting back to your account ? Ie does it tell you exactly which charges they are reimbursing you for?

 

If not my advice would be to deduct the amount they have given you back and charge them interest on the earliest charges that means you get more interest back. The banks and credit cards do this when charging interest to us. For example when we take cash out of a credit card, pay a bill by a credit card and transfer funds the interest rates for all are different. If you pay back the next month the full amount of cash you took out they don't charge you less - they charge interest for the cash even though you have effectively paid it back. Hope you understand that!

 

The spreadsheet will calculate the interest for you.

 

I've won the whole amount back and it was due in court on the 4th January - they just settled on the 28th.

 

Keep smiling - you will win.

 

J;)

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Thank you for your advise, I have sent them a letter saying I will accept as part payment and will pursue my claim for the rest through the courts, I am claiming in total £1741 in charges and £290.31 in interest totalling £2031.31 so they have paid £750 into my account and I have deducted this off £1741 and kept the interest the same, but obviously this is wrong so I will work it out like you said by deducting it from the latest interest first. If I do deduct the £750 off and they later take it out of my account how do I go about reclaiming the £750 because my online claim will not include this or do I just claim for the total amount and they may just pay me the difference?

Im confusing myself now!!!

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Hi

 

If they have actually paid the money into your account I don't think they can take it back. I doubt very much that they will. They know they will have to pay it all back in the end and they are just chancing their luck that you will settle for that amount. So claim for the rest with the 8% on that part only.

 

If they take the money back - (the won't) then you can write to the court afterwards and tell them.

 

Or alternatively transfer the money into another bank account. If they try to take it back it won't be there for them to take back ! They have to get your authorisation to take money from your account and you won't give it to them. I think this is correct - take advice from citizens advice if need be but I don't think they will or can take the money back once it is in your account and it shows bad business for them if they do.

Especially as it is YOUR MONEY and not theirs.

 

Try not to panic or worry about it - it's new year enjoy yourself and sit back and relax and think about the money that's going to come in in 2007. I know it's not easy as my stomach has been in knots whilst claiming - it's very stressful. I am so relieved it's all over for me now. I just need to make sure I don't go into debt again so that I don't face other charges.

 

Have a great New Year and keep us all posted. Not long now !

 

J ;)

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