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    • Yes they are waking up to the fact that they  have over centralised stuff, and there is no proper local provision any more, Hancock is treating it as a National outbreak, not the many localised ones now  often centred around General Hospitals, as infection and reinfection agents. PHE PHW, and PHS have no capacity for any real localised Track & trace, having removed the Council Environmental & Public Health Departments out of the equation.  All they have is Hancock's busted App, and an army of badly trained call centre grunts.   Says care worker to old Mrs Jones, and  "you really need to install that app so they can see you aren't going out"   Mrs Jones gets out a cheap candybar feature phone, and says, "can't install apps on that  only phone and text, so don't need smartphone"   Interesting look at age demographic for smartphone ownership, is 70% age 55 -64 still low enough to dent Hancocks app effectiveness.   Other issue, many at risk homeless, low income also only have feature phones issued by care agencies or charities  People released on tag who are in hostels are often issued with something likea £10 samsung/Nokia/Alcatel candybar, 2G  non internet capable phone.   https://www.statista.com/statistics/271851/smartphone-owners-in-the-united-kingdom-uk-by-age/
    • By the way, the reason that you wouldn't proceed against Paclink is because they are out of the jurisdiction – in Spain
    • Good point, BN.   Changing the subject a bit, Directors of Public Health have written to the goverment expressing serious concerns about the easing of lockdown.   https://www.adph.org.uk/2020/05/adph-presidential-blog-a-time-for-steady-leadership-careful-preparation-and-measured-steps/
    • Thank you – and I understand that you didn't take out any compensation cover. You should read around some of the Hermes threads on this forum. I have always taken the view that once you pay for the delivery costs, then you are entitled to have the item delivered safely and if not then the delivery company is in breach – and in fact the delivery broker – Paclink is also in breach. I think it should be unnecessary for you to insure yourself against the breach of their service provider. It is the service provider who should insure themselves against any incidents of loss parcels. The Joe Lycett's got your back programme on Hermes was extremely useful. I notice that there are a couple of instances of it on YouTube. Of course they are in breach of copyright and it wouldn't at all surprise me if they are taken down at some point. I suggest that you make fairly urgent arrangements to get a copy of this program onto your computer because you may need it. It would not be a breach of copyright to produce it before a court – although the judge may already have seen it or have heard it. Have you actually began a claim against Hermes? I think you should begin their claims process immediately – but I certainly think that you should download a copy of the programme immediately as well. Of course Hermes will try to say that you are not their customer and that  their client is Paclink. Of course that is true. On that basis Hermes will try to say that they are out of your reach in terms of bringing a legal action because you are not party to their contract with Paclink. However, Under the Contracts (Rights of Third Parties) Act, where the contract is clearly intended to address you as a beneficiary and where your interests are not specifically excluded by the contract, then you inherit all of the rights of the contracting parties – as if you were a party to the contract. So I suggest that you begin the claims process against Hermes, download the programme so that you have got that safely stored away in your armoury and then come back here with the results of your Hermes complaint. I can predict fairly confidently now that you will have to threaten a legal action – and probably you will have to issue the papers. There is then a chance that Hermes may put their hands up – but on the other hand they may decide to test your resolve by forcing you onto the next step where you have to pay hearing fee. If you do that then they will start to take you more seriously and then they may put their hands up – but they may decide to go all the way and see you in court. Because you are a litigant in person – even though you would be the claimant, the case would be transferred to your local court. That would produce logistical problems for Hermes who would have to instruct a local legal representative and they would incur costs there. These costs will not be recoverable under the small claims rules because your claim would be for less than £10,000. If you won the case then you would get your money, plus interest – presently at 8% (a nice earner) plus your costs. Your risk factors are that if you lost, then you would come away empty-handed but also you will be out of pocket to the tune of your fees and you would probably have to pay for the reasonable costs of travel for the Hermes legal representative – but that would be it. On the basis of what you have told us, I consider that your eventual chances of success at about 85%. Hermes risk factors include having to pay you back the value of your item, having to refund you your court costs and your reasonable costs of travel – but more significantly for Hermes, a defeat in court where they try to rely on the fact that you hadn't bought a compensation package would send a good message across an industry which seems to have produced a culture going back there are 30 or 40 years where customers who pay their money now believe that they must also pay to insure against the negligence of their own service providers – two home have they have already paid the contractual price of performance. How this ever happened is a mystery to me.  
    • The concerns go beyond the ORG worries, the companies and people involved Serco, G4S, and Dido Harding don't inspire confidence in their ability to prevent data leaks to begin with. Be so easy to add a "Refused vaccination" flag, or refused ID Chip for unrestricted access to services.  in there.
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zzub

Ben Vs Abbey

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After paying Abbey £10 not once but twice - and waiting a little while - to get hold of my *own* bank statements, I find out that they owe me £1271 in charges.

 

Most of that is from the one year about three years ago that their charges kept putting me back over my OD limit and then they charged me £20 for each charge that I couldn't pay to them from my bank. Go figure. The worst was the £150 they took out on Christmas Eve - not because I didn't pay my Christmas but because I hadn't paid them for the month before in charges!

 

Anyway, I have done the maths, and posted the letter today. Let's see what happens next.

 

This is my first post into this forum, so any advice, common sense, or even just some moral support would be nice.

 

I have opened a lovely parachute account, but I went into that bank today just to check the account was ready and the (ONE - Saturday after Christmas!) person was not the smartest beastie in the shop, so I hope Abbey don't close my account.

 

However, have a great new year everyone. This money will certainly help me have one myself.

 

Cheers,

Ben :D

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Best of luck, I'm at a simiar stage as you but still waiting for the rest of my statements. It seems just a case of going through the motions, sending the letters and not giving up at the first offer! Gets a little complicated when things get to court but its still very doable (I hope).

 

Keep us updated.


Edd V Abbey

13/12/06 SAR sent

29/12/06 First 14 months statements received.

12/01/07 Microfiche received, charges of £1605 plus contractual interest at 28.7% gives total £2562.90.

15/01/07 LBA requesting £2562.90 sent.

 

Edd V Egg CC

19/01/07 SAR sent

 

Edd V Lloyds TSB CC

19/01/07 SAR sent

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Well, well.

 

The 14 days have passed. Have Abbey offered me anything? NO

Have they threatened anything? NO

 

Have they done anything at all? NO

 

So, maybe they hope I have forgotten about the £1400 they owe me of my money...

 

Er... no...

 

Second letter to Abbey being penned now...

 

Wish me luck, fellow bank charge reclaimers...

 

Zzub

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Good luck fellow BCR, its a long and winding road, may you fly as the crow. If not S**t on them from a great hight.

 

Regards bish.


Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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After saying that Abbey had no reply.

 

After 14 days, I get a letter from them. It says not:

 

HAVE YOUR MONEY BACK

 

Not even:

 

HAVE SOME MONEY BACK...

 

More like:

 

Let us work out how much we think we owe you in our own time (about two months) and then that will be okay. We are in a better position to know than anyone else, and best of all - our services are free!

 

Its exact wording is quite patronising. So, I am going to ignore it and post the Letter Before Notice in the post Monday morning.

 

Cheers all,

 

ZZ

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Sent letter before notice.

 

Got a reply today.

 

They put £150 in my bank.

 

Now, I know I have to start the court proceedings and I am about to do so now.

 

Do I now need to write to abbey as well and tell them that their £150 was a nice start but actually less than 10% of what I expect them to pay...

 

Cheers,

Ben

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yes and remind them of your timetable (if the 14 days to N1 isn't up yet, otherwise just do it). regards, Mad Nick


Abbey £8370 settled 17 Apr 07

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Hi ben,

 

Keep it going.........it's early days yet, but I think I'm at exactly the same stage, so will follow what goes on with you.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/55539-charleyfarley-abbey.html


All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Ok, I will write to Abbey and let them know. No problems.

 

Help needed though... I do I get my bank claim into under 24 lines and 1080 characters. I have tried several by I can't quite manage it... anyone got a template to use?

 

Cheers,

|Z|

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Hi Z,

 

I take it you are using MCOL which is a bit restricting, you could always fill in an N1 and post to the court with a cheque. It gives you more scope to attatch a schedule of charges and plenty of room to get your claim down. You can also hand it in by hand and pay cash. Try the library for templates.

 

Regards bish.


Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hey all...

 

I found an excellent template on Money Saving Expert (letter 7 to be precise)... I have filled in the Court Claim and paid the £120.

 

Hey - I am now a claimant in a court case. For the first time in my life. A bit exciting.

 

The irony was that I didn't know where I was going to squeeze the £120 for the court case from, but Abbey paid me £150 as a gesture of good will so I have used that to pay the court. That I really like.

 

Anyway, do I need to write to the Abbey again at this point?

 

If so do I need to:

 

1) Accept the £150 as PART payment?

2) Inform them anything about the court case?

3) Wind them up and slag them off about paying me about 10% of what I have asked for?

 

Any advice from someone who has been there would be welcome.

 

My other problem is I am in India 10th - 18th Feb... will I miss anything exciting being out the country? I worked out that the court has 5 days meaning (from Monday 5th) Monday 12th. Then Abbey has 14 days = Feb 26th so I should be back with plenty time. Could someone please tell if my maths is correct.

 

Thanks so much...

 

|ZZ|

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Ben,

1) Accept the £150 as PART payment? Yes - "accept as partial settlement but still claiming the balance".

2) Inform them anything about the court case? If you've only just done MCOL, then it wouldn't hurt to tell them (and what their next deadline is).

3) Wind them up and slag them off about paying me about 10% of what I have asked for? I wouldn't bother winding them up, but you ought to tell them why you are not accepting their GOGW in final settlement; ie they have ignored the fundamental issue which is where, if you wanted to have a pop about something, you could ask again for a breakdown for their costs associated with your breaches "because you think this is fundamental to your claim and that you therefore expect this to be requested by the Court if Abbey chooses to defend the claim".

 

..... and if you did MCOL but haven't sent copies of your schedule of charges to MCOL @ Northampton to get them joined up with your claim, Abbey will send a snotty "how can we be expected to file a defence without the details" letter which will probably arrive while you are away. You'll probably also be away for the letters from the Court confirming Notice of Issue (served on Abbey) and confirmation that Abbey intends to defend the whole claim, but they are just for information. The next big event will be Abbey's defence. Regards, Mad Nick


Abbey £8370 settled 17 Apr 07

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Well, Mad Nick you must be psychic.

 

I have returned from India yesterday - didn't check the mail (except for the Dominoes Pizza coupons because there was nothing to eat in the house).

 

Sitting here tonight wading through the mail, I found my letter from the Court confirming Notice of issue, and the confirmation that Abbey intends to defend and the snotty letter from Abbey saying "how ever, you have provided no details as to how this sum has been calculated. Similarly, you have not provided details of the £199.06 claimed by way of, interest showing how that amount is made up with reference to each charge."

 

Talk about tortuous use of English!

 

In addition, this letter is actually from Abbey National plc. Well, that is who it says it is from. It even has a signature of an "A". Can you get over that? Not a letter from head of complaints or from legal, no - Abbey itself has sent me a letter!

 

So I have penned a letter back basically saying that if two times was not enough to be sent my full schedule of charges, then I have enclosed it a third time. Thank you for the £150, but it is accepted as partial settlement, and that I have prepared my paperwork for the court which I will send them a copy in due course.

 

Is there anything else I need to do at this stage???

 

Thanks so much for your help.

 

|ZZ|

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Ben,

Well, Mad Nick you must be psychic.
Now, let me look into my crystal ball (no jokes, pleeeez). I see good fortune ahead for you my dear chap. I see an envelope on your doormat. I can't quite see inside. Wait, it's coming clear. Yes, it's a cheque inside for £1271 + interest + Court fees. But wait, I see another 2 envelopes first :
  • one from Abbey with a copy of their defence and a 50% offer in final settlement;
  • one from the Court with the official copy and an AQ to fill in.

and I see you diligently reading this link to get ready for the final stages :http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

 

Regards, Madame Nick !


Abbey £8370 settled 17 Apr 07

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Ok, got the copy of defence from Abbey. Got the offer of 50%. Nick, could you tell me the 6 numbers that... never mind...

 

Got letter from the COURT with form to fill in.

 

Got ill. Missed a few days from doing anything.

 

Now panicking... looking for forms for court.

 

Now they want ANOTHER £100 because I filled in the MCOL first time round and this is for my local court. Is this normal, can someone advice?

 

Also, am I against the clock now, because I have an OFSTED inspection on Wed and I need every second to make them think I am organised?

 

Can I just leave the court thing for a couple of days?

 

Please advise.

 

Thanks so much.

 

Cheers,

|ZZ|

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Just to clarify my previous post - I haven't got a court DATE, I have paperwork from the COURT to fill in, with which they are asking for £100 (which is not lying around to be fair!)

 

Cheers

|ZZ|

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Ben, the form you've mislaid is the Allocation Questionnaire. It would have come with your claim number written on and a deadline for return (and you have to cough up the £100, sorry). You have to meet the deadline. Mine came on about 9 Feb with a deadline of 2 Mar. I suggest you ring the Court and ask what the AQ deadline is for your claim, say you've mislaid the AQ and ask if it's OK to fill in a copy from here : http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=81E54BB17BDBBDD17597D468C07EF181

I expect they won't mind.

 

You also ought to reject Abbey's offer. Note that it was "Without Prejudice" so don't include it in your Court bundle. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

After you return the AQ, the Court will reply with the Judge's Directions (ie to submit a Court bundle) and a Court date.

 

Regards, Mad Nick


Abbey £8370 settled 17 Apr 07

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I have just found the Court Form. (It was in with my Toys R Us statements in my finance folder - go figure!).

 

Ok - my date is 21st March, so I still have a little time.

 

Couple of stupid questions:

 

1) This hundred squid - we get that back don't we? Abbey will pay that to us???

2) When you say I should write to Abbey - just a simple letter rejecting their offer?

3) What roughly will be the gap between the AQ and the Judge's Directions?

 

Cheers,

|ZZ|

Cheers,

|ZZ|

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Last stupid question:

 

On section G: "OTHER INFORMATION" should I write anything or leave blank?

 

Sorry for being so dull, I am not yet 100%, have a billion things to do and I am tired!

 

Cheers,

|ZZ|

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P.S.

 

The AQ says I only need to pay the £100 if the claim is over £1500.

 

Now my claim is for £1470, but if you add the ORIGINAL COURT FEES from the MCOL to that then it is for £1620.

 

So which is it?

 

Sorry for all the questions.

 

Cheers,

|ZZ|

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Hi zzub,

 

I've been suggesting you read post number 74 + 75 for section G stuff

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/60102-sam78-abbey-4.html

 

and thanks to sam78 for all his work that I've been ripping off to all and sundry for the last week!


All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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