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    • Thanks BankFodder. I sent the letter signed for on Friday, but it's not been received/signed for yet. So presumably the 10 days is from when they receive it?   Just to be clear, you're saying I should still start s75 now anyway (and not wait 10 days), correct?    
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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
      • 27 replies
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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.
       
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      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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comicmankev v Abbey ** SETTLED **


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Sorry for this post in advance, but!

 

I've gone through the stages mentioned and Abbey have made no response (Well, one actually, to say they'll get back to me!). I've started filling in the moneyclaim form but want to get it right!

 

As it is limited to what you can say when filing online, what do I have to say in the brief description bit?

 

Can someone point me in th right direction? It says in the FAQs section that thbis can be copied from the library, but I can't see it!

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Sorry for this post in advance, but!

 

I've gone through the stages mentioned and Abbey have made no response (Well, one actually, to say they'll get back to me!). I've started filling in the moneyclaim form but want to get it right!

 

As it is limited to what you can say when filing online, what do I have to say in the brief description bit?

 

Can someone point me in th right direction? It says in the FAQs section that thbis can be copied from the library, but I can't see it!

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Sorry but we don't have a moneyclaim template yet.

You are limited to a number of words and certain characters are not permitted.

 

Could you remind me as to what the word limit is and post what you have written up here and we'll work something out.

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Sorry but we don't have a moneyclaim template yet.

You are limited to a number of words and certain characters are not permitted.

 

Could you remind me as to what the word limit is and post what you have written up here and we'll work something out.

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Thanks for the quick response!

 

The limit is 1080 characters on 24 lines.

 

Here's a rough draft so far, but I know it needs work - lol:

 

Claim for refund of punitive charges on my

bank account over the last 6 years (Account number ********). I have

a complete breakdown of all charges being

claimed for, plus 8% interest.

 

 

 

There are 57 different charges between the

dates of 25/07/2001 and the 25/02/2006 with

a total cost of £1449.00 and £1599.26 with

interest. A schedule of all charges is

available.

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Thanks for the quick response!

 

The limit is 1080 characters on 24 lines.

 

Here's a rough draft so far, but I know it needs work - lol:

 

Claim for refund of punitive charges on my

bank account over the last 6 years (Account number ********). I have

a complete breakdown of all charges being

claimed for, plus 8% interest.

 

 

 

There are 57 different charges between the

dates of 25/07/2001 and the 25/02/2006 with

a total cost of £1449.00 and £1599.26 with

interest. A schedule of all charges is

available.

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Does that get in all of the story?

i haven't counted the characters. Be aware that certain character are illegal. I think that \ are & as well too.

 

Do the s.69 statement, count the characters and come back here.

 

 

The claimant has been a customer of the defendant bank since Year. Claimant seeks return of charges levied by the bank on basis that they are disproportionate penalties contrary to common law, the Unfair Contracts Terms Act 1977 and within the meaning of the Unfair Terms in Consumer Contracts regs 1999.

Alternatively if the charges represent fees for a service then they are not reasonable within the meaning of Supply of Goods and Services Act 1982, s.15

57 charges between the 25.07.2001 and 25.02.2006 and interest charged by the defendant - total £1559.26. detailed schedule has been supplied to the defendant.

s.69 statement

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Does that get in all of the story?

i haven't counted the characters. Be aware that certain character are illegal. I think that \ are & as well too.

 

Do the s.69 statement, count the characters and come back here.

 

 

The claimant has been a customer of the defendant bank since Year. Claimant seeks return of charges levied by the bank on basis that they are disproportionate penalties contrary to common law, the Unfair Contracts Terms Act 1977 and within the meaning of the Unfair Terms in Consumer Contracts regs 1999.

Alternatively if the charges represent fees for a service then they are not reasonable within the meaning of Supply of Goods and Services Act 1982, s.15

57 charges between the 25.07.2001 and 25.02.2006 and interest charged by the defendant - total £1559.26. detailed schedule has been supplied to the defendant.

s.69 statement

  • Confused 1
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Sorry, not quite sure what you just said! What is s.69?

 

And 'all the story'? Well, I was hoping I would get more of an idea here! Do i have to not about the letters I a have sent, do I have to mention wht all 57 charges were for???

 

That lot would obviously put the statement over the max. There are 618 characters in the statement you have amended, and no foreign characters.

Sorry if I sound a bit naive, but I am!

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Sorry, not quite sure what you just said! What is s.69?

 

And 'all the story'? Well, I was hoping I would get more of an idea here! Do i have to not about the letters I a have sent, do I have to mention wht all 57 charges were for???

 

That lot would obviously put the statement over the max. There are 618 characters in the statement you have amended, and no foreign characters.

Sorry if I sound a bit naive, but I am!

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In your claim form - all you need to put are the facts of you claim and the basis you are making it and you are claiming.

 

You don't go into all the details of your pre-action communications although if the banks said that you had done nothing to contact them and had completely surprised them with the claim, you would be able to show the court that you had been acting reasonably.

 

When I say is that all the story, I'm asking you if you agree that this is what your claim is about. If it is then you need to add a s.69 County Court Act statement to say that you are claiming interest. i seem to remember that if you click yes that you are claiming interest on the money claim form then a s.69 statement will pop up. You then modify it with your interest calculations and total the lot.

 

On the other hand, I must say that 57 charges is quite a lot - in which case don't do it through Moneyclaim. Use an N1 claim form and issue the claim at the court office.

 

In this case work out your schedule of the charges you have suffered together with the interest you have paid. Work out the 8% on all of that and attach the schedule to the claims form.

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In your claim form - all you need to put are the facts of you claim and the basis you are making it and you are claiming.

 

You don't go into all the details of your pre-action communications although if the banks said that you had done nothing to contact them and had completely surprised them with the claim, you would be able to show the court that you had been acting reasonably.

 

When I say is that all the story, I'm asking you if you agree that this is what your claim is about. If it is then you need to add a s.69 County Court Act statement to say that you are claiming interest. i seem to remember that if you click yes that you are claiming interest on the money claim form then a s.69 statement will pop up. You then modify it with your interest calculations and total the lot.

 

On the other hand, I must say that 57 charges is quite a lot - in which case don't do it through Moneyclaim. Use an N1 claim form and issue the claim at the court office.

 

In this case work out your schedule of the charges you have suffered together with the interest you have paid. Work out the 8% on all of that and attach the schedule to the claims form.

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I have this saved on the online form and I also have to pdf printout filled in, just wanted to clarify what I should be writing, and which form is best!

 

I will fill the form in completely tomorow and do it that way, then I can attach the paperwork as stated.

 

57 is a lot - and many one-dayers - ie DDs go out on the first of the month, and when salary got delayed for whatever reasonthen hit with about 10 fees in one go! What a bummer!

 

Is it OK to just print out the schedule from the Excel template supplied on this site, or do I need to add details to that?

 

Thanks for your help so far!

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I have this saved on the online form and I also have to pdf printout filled in, just wanted to clarify what I should be writing, and which form is best!

 

I will fill the form in completely tomorow and do it that way, then I can attach the paperwork as stated.

 

57 is a lot - and many one-dayers - ie DDs go out on the first of the month, and when salary got delayed for whatever reasonthen hit with about 10 fees in one go! What a bummer!

 

Is it OK to just print out the schedule from the Excel template supplied on this site, or do I need to add details to that?

 

Thanks for your help so far!

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Make sure that the excell template is fully complated and you can use that.

Do you understand all of the maths?

 

When you print out the spreadsheet, make sure that you understand it and that it is correct.

If you don't understand it then get someone else who does to go through it with you.

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Make sure that the excell template is fully complated and you can use that.

Do you understand all of the maths?

 

When you print out the spreadsheet, make sure that you understand it and that it is correct.

If you don't understand it then get someone else who does to go through it with you.

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  • 2 months later...

Many apologies if this is posted elsewhere, please direct me if you can! Here's a message I posted over on MSE, and was told it may be better placed her. Any help would be appreciated:

 

Can anyone offer advice please? I asked for some on the other thread but didnt really get anywhere.

 

I have a LOT of fees over the past six years and was told it would be beneficial for me to do this through the local court rather than the online system, that way I could actually attached the various list of charges on the account rather than be limited (online). I have approached the bank in the suggested manner, several letters giving so many days to provide the info, which of course, they did not (Abbey).

 

I am at the point of making the first move in the court proceeding. Would someone be able to direct me as to what exactly to do next and how to word it? I repeat, I can't go down the online route. The charges are less than £5,000 so it's not a matter for the high court (or whatever it is).

 

I have been and posted on the chargeshell wesite but didnt get much response there either (funny really, everybody seems to direct people there but I couldnt find the answers, maybe it's a layman's terms thing - lol)

 

I would really appreciate some direct advice either on this thread or PM. Thanks in advance.

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First off - have a read of the FAQ section - there's all sorts of answers in there that you didn't even know you had questions for.

 

Did you send the DPA request letter from our library?

 

If so, then they have 40 days from the date they receive payment to cough up the information - if they don't, then report them to the Information Commisioners Office - they will MAKE them comply.

 

Then send the letter in the library asking for the dosh back and then take it from there.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Guest Lueeze

Please stay on 1 thread about the same issues with Abbey....

 

Im confused as to why you are here asking this all over again?

 

Good Luck

 

Lou x

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They did not respond within 40 days but I did manage to gather all my previous statements and put together the information myself.

 

Do I still need the info from them or can I use what I have gathered? obviously I still need to report it to the IC.

 

Thanks for the advice, I did have a quick look at the FAQs and didt really understand much, I will get back there for a more indepth look now.

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We can help but when you ask these ovious questions, it becomes apparent that you havent looked at the forums properly...

 

We have nearly 20,000 users so its very hard to help people when they have not reasearched it themselves 1st....spend a few days, then come back and see if theres anything that you need help with.

 

Good Luck

 

Louise

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Mnay apologies to the Mods, I could not find my original thread made in February, but obviously you have - lol

 

I will have to have a good read through because I am still lost, not even sure of the references used in earlier posts.

 

Let me break it down.

 

I DO understand the initial process with the bank.

 

I DO NOT understand what to do next.

 

It has been said in an earleir post that I will need to do this in person rather than online as there are several charges. I originally filled in the online form but did not submit it because of this. I was completely OK with doing things that way. I am not sure on any particular wording I need/do not need to use on the N1 form. I am also not sure whether I need to/ or how I provide any attached info. Does the schedule of charges need to be one from the bank? Do I still need the S69 thingy (which I don't know what it is)?, Do I need to start the whole process again as I have let it lie since February?. Can I do this at any local court, or does it have to be the one nearest me or the bank? Where can I find my local one? and many more.

 

Call me layman, thats fine, just after guidance.

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We can help but when you ask these ovious questions, it becomes apparent that you havent looked at the forums properly...

 

We have nearly 20,000 users so its very hard to help people when they have not reasearched it themselves 1st....spend a few days, then come back and see if theres anything that you need help with.

 

Good Luck

 

Louise

 

 

I will do this.

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Please note that this topic has not had any new posts for the last 735 days.

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