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    • Have you put a formal claim into Hermes? I think you should put formal claims into Hermes in respect of each one. I suggest that you leave it about five days apart so that they are treated completely separately. Hermes of course will refuse to compensate you – but then we will help you begin a legal action against them. Once again, I think that your best interests will be served by claiming and suing for only one of them – and then the second one separately once you have the result of the first one. We will help you all the way – but you need to start off by reading around the stories on the sub- forum about Hermes complaints and actions against Hermes. You need to understand the mediation process – and there are lots of good summaries on the sub- forum. Also you should read around on this website about the steps involved bringing a small claim in the County Court. Begin the claims process with Hermes so that you get a denial of liability – and then we will go to the next step.
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    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format   Don't respond to anyone without checking with us first. We would want to know why you are being asked to contact people. However, you definitely need to contact your insurer tomorrow as I've already suggested. You really need to find out what's going on, why they have made the decision that they have and you want copies. Don't tell them that you sent them on SAR. Keep that a completely separate matter – but simply ask them on the telephone to have copies of all the documents that they have assembled in respect of this case. Once again, you should be recording this.  
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
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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
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    • 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
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SarahPP v Halifax part two CONTRACTUAL


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I should have started this thread before now.

 

Having won back my own Halifax charges I have now sorted out my partner's charges at the contractual rate of 29.8%. The court papers have been lodged and Halifax have until the 18th January to respond. We have already had a partial offer of 1.6k which we turned down in December.

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If you turned down 1.6k, how much are you claiming?

 

Signed,

A very nosey Aaronsdad!

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Thanks, I understand. I'm trying to apply some king of logic, mathematical equation etc to what they offer compared to what is claimed. If it wasn't Steven Hawkins birthday today I'd give him a ring, he might know!!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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I was led to believe that too! I think it's an urban myth. My last six months was £100 and they offered me 500ish. My mate along the road had 400 and was offered 2.5k!! I've talked to other people on the site about this and it makes no sense!

As long as they pay up - who cares?

(Me actually! Wish I could make sense of it!)

It's twistin' my melon man!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Ah, maybe so then. I read somewhere else that it was your worst 6 months that were refunded. Who knows? Maybe they have a set of figures and a dartboard in the office.

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They were offering the highest 6 months charges within the 6 year period until recently, it seems to have gone up to the highest 2 years within the 6 years now.

 

How long before they actually offer the highest 6 years in the last 6 years ? Can't be far away with all the cases being won without too much of a struggle.

 

OK, it's still only a small percentage of customers asking for their charges back, when you look at the bigger picture, but they're not doing themselves many favours by delaying matters. If anything it costs them more in time and effort to send out more off-putting letters.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Received another letter this morning offering exactly the same amount as before and confirming that they will not be refunding all of the charges.

 

It is as if they have never had the court documents..... I have had to write and remind them that they have until the 18th to file a defence.

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  • 3 weeks later...

Well, we got a partial payout of the charges + 8% + court charges. At the moment they have denied that we are entitled to the contractual rate (no reason or alternative given as usual) and asked us to provide evidence if we still believe that we are, otherwise they will defend that portion of the claim.

 

We have written back outlining once again the mutuality and reciprocity argument which was in the POC and as yet are waiting to see whether they will pay out the remainder or issue a defence. I have yet to see a bank defence which does anthing other than state "we do not believe that the claimant is entitled to this rate of interest" (and I have looked through quite a few contractual threads) so, it will be interesting to see if they can do better than the legal departments of the banks have managed so far.

 

They have until tomorrow to submit a defence

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  • 2 weeks later...

Well, Halifax have made part admission and sent their defence through for the rest.

 

All I have to say is:

 

WHAT A SHODDY PIECE OF WORK HALIFAX

 

Their defence consisted of six short paragraphs, most of which contained factual errors. It is clearly a mass produced document which they don't even bother to revise for individual cases. I have written a response today which rejects the part payment. The case will now go forward as a defended one. A copy has been sent to Halifax so, we shall now see.....

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Its pathetic that they continue to pus us all through this when they know they have to pay anyway.

They just like stroppy kids..!:rolleyes:

 

I hope they dont draw it out to much longer for you.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thanks - I am quite prepared to wait it out for now. It is the contractual interest which is the sticking point but, all their defence has to say on that particular subject is that they don't believe we are entitled to it but, they, in common with many other Banks I have seen submitted defences from are unable/unwilling to give a reason for their denial.

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Sorry to butt in, but where did the 24.9% figure come from?

 

I'm preparing my prelim letter to the HFAX (2k of charges, 3.2k with contractual) and the figure I found on their website was 28.9% for unathorised borrowing. Halifax - Interest Rates

 

I can see a 24.2% figure, and a 28.9%, but no 24.9%.

 

Apologies if I'm just being thick. It wouldn't be the first time! :|

  • Haha 1

CrapitalOne - SAR Sent 06-02-07 / SAR sent again 03-02-12 / Prelim sent 20-03-12

HSBC - SAR Sent 12-03-07. SAR sent again 03-02-12

BOS Mastercard - SAR Sent 03-02-12 / Prelim sent 20-03-12

Barclaycard - SAR Sent 09-02-07 / Prelim sent 12-03-07 / Partial offer recd 16-03-07 / New Prelim sent 27/03/12.

Black Horse - SAR sent 03-02-12 / Big load of bumf arrived 07/03/12

Halifax - Statements requested 30-01-07 / 153 pages of statements arrived 06-02-07 / Prelim sent 10-02-07 / LBA sent 01-03-2007 / Partial offer recd 07-03-07 / Full offer received (after phone call) 08-03-07!

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No - you are quite right and that is the figure on my spreadsheet. I will go and edit my first post. Must have got it mixed up with another claim!!

 

Thanks

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Ah, that's ok then! I feared for a second you might have got a duff figure and they might try and fight it on that basis!

 

Carry on then! :D

 

Good luck!

CrapitalOne - SAR Sent 06-02-07 / SAR sent again 03-02-12 / Prelim sent 20-03-12

HSBC - SAR Sent 12-03-07. SAR sent again 03-02-12

BOS Mastercard - SAR Sent 03-02-12 / Prelim sent 20-03-12

Barclaycard - SAR Sent 09-02-07 / Prelim sent 12-03-07 / Partial offer recd 16-03-07 / New Prelim sent 27/03/12.

Black Horse - SAR sent 03-02-12 / Big load of bumf arrived 07/03/12

Halifax - Statements requested 30-01-07 / 153 pages of statements arrived 06-02-07 / Prelim sent 10-02-07 / LBA sent 01-03-2007 / Partial offer recd 07-03-07 / Full offer received (after phone call) 08-03-07!

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  • 2 weeks later...

I don't quite know what is happening here. We have had the allocation questionnaire from the court but, returned from a few days away to find a letter from the Halifax which was an exact copy of the letter which they sent us in the middle of January offering us part payment. It even had a date of the 15th January on it!!!

 

Bizarre

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Just goes to show they have no idea what they are doing..!

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Did occur to me that it may be a clever ruse to try to get us to sign the back sheet (accepting full & final settlement) before court.

 

I don't know if I'd call it clever! :rolleyes:

 

Any news on this?

CrapitalOne - SAR Sent 06-02-07 / SAR sent again 03-02-12 / Prelim sent 20-03-12

HSBC - SAR Sent 12-03-07. SAR sent again 03-02-12

BOS Mastercard - SAR Sent 03-02-12 / Prelim sent 20-03-12

Barclaycard - SAR Sent 09-02-07 / Prelim sent 12-03-07 / Partial offer recd 16-03-07 / New Prelim sent 27/03/12.

Black Horse - SAR sent 03-02-12 / Big load of bumf arrived 07/03/12

Halifax - Statements requested 30-01-07 / 153 pages of statements arrived 06-02-07 / Prelim sent 10-02-07 / LBA sent 01-03-2007 / Partial offer recd 07-03-07 / Full offer received (after phone call) 08-03-07!

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  • 1 month later...

Hi Sarah.

 

I am in the same boat as you, I have just returned notice of part admission stating that I do NOT accept the defendant's part admission. I'm now just waiting for the AQ to be sent to me. I am claiming contractual as well, the bank only offered charges+8%+Court costs. Did you claim interest charged to your account?

 

Bankershost.

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SETTLEMENT ARRANGEMENT MADE, IN FULL ,WITH CONTRACTUAL INTEREST DESPITE PART PAYMENT ALREADY FORCED INTO BANK ACCOUNT AT 8%

PLEASE AMEND TITLE TO ****WON*****

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