Jump to content


  • Tweets

  • Posts

    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
  • Recommended Topics

  • Our picks

  • Recommended Topics

Smartster Vs Halifax.. A couple of questions...


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5331 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Allow me to introduce myself. My name is Simon and i'm currently in the process of trying to reclaim my charges.

 

I first heard about the possibility of doing this on the BBC website. I used a template from their site and handed it in personally (i wanna know who picks up the request so that they can't try any of that "we didn't receive it cr*p!). It had all the statements in there with each charge highlighted. The gist of the letter stated that the charges were unlawful and that they have 14 days to comply.

 

That 14 day peiod will be up on Friday. The Branch Manager sent me a letter last Monday saying he had sent my complaint down to Halifax's Customer Relations Dept and i would receive a reply in 4 weeks.

 

This is the first time i'm doing this sort've thing. This is my first post but i'v been reading as much of the storys and FAQs as possible.

 

I'm assuming it's not down to them to dictate how long i wait so i was going to (hopefully) find a template on here stating that their response isn't satisfactory and that i would be going ahead with court proceedings. Is this right or should i be giving them some more time?

 

I'm excited about doing this, but also worried that all time and effort i'll have to put in will be wasted and i won't get back what i feel i'm entitled to.

 

Can anyone help? Thanks in advance....

Link to post
Share on other sites

Hi there and welcome to the forum! :D

 

You are on the right tracks and yes, it's you who decides the timescale, not them. Your next move is to send an LBA letter (Letter Before Action) giving them 14 days to refund your charges or you will file a claim in court. There is a letter in the `letter templates', use that one.

 

Best of luck, although you won't need it. Keep us updated too!

Link to post
Share on other sites

Thanks for you help. I'm so on doing this. I'm gona be goin back into the branch at some point tomorrow/friday with the LBA letter.

 

I remember i used to work for Abbey and their attitude towards people who get charges was disturbing. We'd get single mothers crying over £300 worth of charges in a month which had wiped out their benefits and the Branch Manager would straight refuse to help saying that they know their terms and conditions and need to manage their account.

 

... Abbey are next on my list!!!

 

I was talking to another friend of mine who's a Financial Advisor in Natwest and she claims that the charge is totally legitimate. This was the email she sent me...

 

"nooooo, the charge is an admin charge towards the salary of the person who has to do what is called the banks select & return reports. every branch of every bank has a select & return report every day n they have 2 pay somebody iin each branch to sit between the hours of 12-3pm and trawl through every acc on the report that has gone o/d and choose which d/d's 2 pay n which 2 return. that person also has 2 generate letters through the computer 2everyone! so there!"

"those people claiming the charges frm us r getting nowt,when they cme 2me with their court letters I tell them i'll give them tney're charges bk but I will be removing their o/d from their account as they feel it is causing them financial difficulty and they r not operating to the terms n conditions so they can pay it all back and never suffer a bank charge again. then all of a sudden when they realise they gotta give back the money that wasn't even theirs in the first place , they r more than happy 2 have paid the charges. and I take peoples cards off them aswell if they try 2claim bk charges for going o/d due 2 their switches. hahaha! I am evil!"

Anyway. I'll keep everyone here posted about what's goin on.

Link to post
Share on other sites

I was talking to another friend of mine who's a Financial Advisor in NatWest and she claims that the charge is totally legitimate. This was the email she sent me...

 

"nooooo, the charge is an admin charge towards the salary of the person who has to do what is called the banks select & return reports. every branch of every bank has a select & return report every day n they have 2 pay somebody iin each branch to sit between the hours of 12-3pm and trawl through every acc on the report that has gone o/d and choose which d/d's 2 pay n which 2 return. that person also has 2 generate letters through the computer 2everyone! so there!"

 

"those people claiming the charges frm us r getting nowt,when they cme 2me with their court letters I tell them i'll give them tney're charges bk but I will be removing their o/d from their account as they feel it is causing them financial difficulty and they r not operating to the terms n conditions so they can pay it all back and never suffer a bank charge again. then all of a sudden when they realise they gotta give back the money that wasn't even theirs in the first place , they r more than happy 2 have paid the charges. and I take peoples cards off them aswell if they try 2claim bk charges for going o/d due 2 their switches. hahaha! I am evil!"

 

Anyway. I'll keep everyone here posted about what's goin on.

 

I think wecan now see why we're claiming back the unlawful charges. Obviously NatWest operate what I believe to be bullying tactics - do we really believe that Halifax would be any diferent?

 

I'll be passing this info onto friends that are thinking of claiming from NatWest, I'm sure it will help them make their minds up..:D

 

As for your claim, good luck!! My advice is to read, read, read and re-read the FAQs - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ - and the step-by-step instructions - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

Once you have read these, read some of the other threads on the site to see how others have faired (and to see that their fears and hopes are probably pretty similar to your own)

 

When you need to send a letter, use the templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ and you won't go far wrong.

 

If you start to panic, or have any other questions, just shout up and somone should be able to help...

 

And remember, you're only claiming back what is ightfully yours and has been taken unlawfully..!;)

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Hi Smartster!

 

Stick with it, Halifax settled my claim in full today :D It might seem drawn out at times but in return for a bit of perseverance you will reap the rewards.

I can't remember the last time I had jaw ache from smiling, but thats the feeling you get when you get back what is rightfully yours!

Good luck and happy hunting ;)

Cheers

Yorkster

HALIFAX - S.A.R Sent 11/01/06 :)

Prelim Sent 23/11/06 ;)

LBA Sent 07/12/06 :rolleyes:

 

Offer received 21/12/06

MCOL Issued 02/01/07:)

CLAIM PAID IN FULL (£2531.00) 18/01/07 :D

 

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Yeh i've had a good read through the step-by-step guide and i'm being bouyed by the accounts given on here by people.

 

Like i said earlier, i originally sent a template letter from another site. This is it here:

 

Due to recent media coverage on bank charges I now believe that you, Halifax PLC have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).

Therefore I require you to refund me a total of £1,624.82, representing the total, unlawful amount charged during the last 6 years.

I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.

Yours sincerely,

XXXXX XXXXX

That letter was sent along with a copy of all my statements for the last 6 years. I think i may have made a slight mis-calculation though as i just added on the interest that it should at the end of each month.

Should i now use the spreadsheet and send it with my LBA or would that jepordise everything i've done so far? Was the letter i sent sufficient enough for them to offer a pay out at some point?

Link to post
Share on other sites

I would now do your spreadsheet ready for when you send your LBA (minus interest) that is added on at court stage. I was like you and my prelim was from another site, then I found this site and kept with it all the way and just after christmas got £5,500 back. Once they receive this they will realise you have done your homework and that you mean business I am sure.

Link to post
Share on other sites

Thanks, sent the LBA along with the copy (again) of all my bank statements and the spreadsheet showing all my charges and the calculation of how much they owe me.

 

I brought it into Halifax. When i told the cashier who i was and what i wanted she go tthe Manager who seemed to remember who i was from when i bought in my last letter. She asked if i wanted to speak in her office about managing my account better as there wasn't anything else they could do i declined (with the phattest smile on my face) and said

 

"Nah it's okay, i'll wait for Customer Relations to get back in contact me as only they can provide what i want... Although you may see me in a month or so if all goes well...."

 

- That was on Friday. So i'm hoping to receive some sort've response in the next couple weeks. I'll keep everyone posted about what's goin on as time goes by.

Link to post
Share on other sites

Why do they want to tell us how to manage our accounts, if they managed our accounts properly and not charge ridiculous penalty charges we would all do so much better, roll on 14 days and on to next stage.

Link to post
Share on other sites

Just to let everyone know, i got a letter yesterday with an offer of £1228.20. My claim (after using the calculator) came to a total of 1,331.46 so i was happy to accept their offer if it saves me time.

 

When i started reading the letter i was starting to get a little pissed as took up a whole page talking fraff telling me cr*p like "We clearly outline our charging policy in the terms and conditions that apply to your account" and "The terms of your account state you must have funds in your account to cover your transactions".

 

Then at the beginning of the next page they say "As a gesture of goodwill I would like to offer you a refund of £1228.20"... You should've seen the phat ass smile on my face.

 

I signed the acceptance letter posted it and faxed over a copy this morning.

 

I have to say i was suprised that they settled this quick as i fully expected to have to file a claim. It's funny how their process changes for different people. Anyway, i just wanna thank all the people in here for you help and as soon as my money comes through a donation will be made to the site.

 

I have another claim for another Halifax account to do. Will they pay-out on that one aswell, or am i pushing my luck to try and go at them again? I also need to move to Abbey aswell cuz they were the worst. I actually worked for them at the time they were taking charges and managed to take all the money i'd saved a cot for my first child!

 

Thanks again peeps!!!

Link to post
Share on other sites

  • 2 weeks later...

I'm about to start my second claim now... I'm looking for a link to that Google site where (i think her name was) Charlotte had set up an online spreadsheet that we just fill out, then it calculates our charges for us.

 

I'm having trouble finding it. I've looked in the templates library but can see it there... Can anyone help at all?

Link to post
Share on other sites

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. .

Link to post
Share on other sites

Yeh that's the only one i can find. But there was another one with a link to some Google page where you input the details online and it calculates the data for you.

 

Does anyone know how you get this spreadsheet to calculate the row 'days since charge occured'?

Link to post
Share on other sites

=DATEDIF(D30,NOW(),"D")

 

Make sure that you have a column for date charge occured and ensure that the D30 above is changed to the reference for that column.

 

Hope that helps

12-03-07 Halifax Received £1800

05-06-07 Halifax II Small Claim Served for £2503

Capital One - Won £768

Halifax Credit Card - Won £756

Link to post
Share on other sites

  • 3 weeks later...

Okay i've just sent off my LBA after gettin no response whatsoever from Halifax. I have a feeling they're gona claim ignorance and say they didn't receive the letter, but the fact that i handed it to the Branch Manager in my local means i don't give a damn.

 

I'm sure i rememer reading in one of the FAQs that £5k is the maximum you can claim for. Can anyone confirm this for me? And does anyone know why this is?

Link to post
Share on other sites

Okay i've just sent off my LBA after gettin no response whatsoever from Halifax. I have a feeling they're gona claim ignorance and say they didn't receive the letter, but the fact that i handed it to the Branch Manager in my local means i don't give a damn.

 

Worry not. Stick to your time scales. I sent my 1st letter direct to Customer Relations heard nothing within 14 days. I gave it a week before sending LBA. They insisted that my complaint was to be dealt with as if they'd received it on 16th Feb (date of my LBA) and refused to backdate my complaint to the 26th Jan when I posted the 1st letter (which they recievd by e-mail on 16th after they informed me that "they cannot be held accountable for Royal Mail deliveries"). However, I stuck to my time scales and they have settled over the phone with me today-(so that's their 8 weeks out the window then!)-result.

 

Good luck!

Mr&Mrs

Link to post
Share on other sites

smartster, I think as regard to the £5,000 I'm pretty sure you have read that this is maximum for small claims court, anything over this is fast-track and of course you can claim more than £5,000.

 

As for advice given by mr&mrs, I have found exactly the same. I have now had two claims paid out by halifax, both before filing court action, just a day or so before. So please don't worry, stick to your timetable and if you have any problems or worries just post on your thread.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...