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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
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New Claim - Another Capital One


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Thanks Brad, hope things are good with you.

 

I think it certainly pays to be persistent (a pain in the backside really) but I put absolutely every query in writing, just to lay paper trial, looks good on me then when they don't reply etc. Pleased about default though, will now make my claim much simpler.

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Then I received a letter from them 'please find attached copy of your CCA agreement' only it wasn't there lol, another letter on its way to them. Honestly in 2 days I have sent 4 letters. Anyway court claim will now be filed.

Interesting, doo - another standard tactic, this, then. I got exactly the same letter back from them - without the CCA agreement enclosed !!

 

PS- thanks for the - er - positive feedback just now !! 8-) :rolleyes:

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Did you ever get your copy of the CCA agreement then Bill - I just couldn't believe it - made me laugh though, obviously not a mistake on their part then more a tactic.

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No, I didn't, Doo - but TBH, I haven't replied yet.

I have a "cunning plan." - Will PM you.

Minor hijack, if I may:-

 

HAS ANYBODY ELSE BEEN TOLD THEIR CAP ONE

CCA AGREEMENT WAS ENCLOSED, WHEN IT WASN'T ?

 

If that has happened to you, by all means PM me to save hijacking Doo's thread. Thank you.

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No worries about hi-jacking Bill, this is good information for all concerned, so hi-jack away, will be interesting to see result - will await your pm, sounds interesting, ta.

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Can someone please confirm the correct address for court claim. Not sure which one to use:

 

Legal Dept

350 Euston Road or

 

Trent House

Station Street

Nottingham

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I used Euston Road doo too

  • Haha 1

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Me too:-

 

Capital One Bank Europe Plc.

350 Euston Road

London

NW1 3JJ

 

Then later, the sols:-

Attn: Wendy Starr

Capital One Bank (Europe) Plc

Legal Department

Loxley House

Station Street

NOTTINGHAM

NG2 3HX

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Guys just want to make sure I am doing this right although I have done 3 claims none have got as far as court action so please bear with me.

 

Will type my POC onto seperate sheet and attach to N1, making sure I add signed statement of truth and date.

 

Provide 2 copies (plus one for me) of my schedule of charges claiming CCI.

 

Now have asked for 8% statutory in the alternative, should I also provide 2 copies of the schedule of charges claiming 8% - not sure about this.

 

Anything else anyone thinks of please post, an idiots guide is most welcome.

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Have finished claim. NI typed up and finished. POC on separate sheet typed and signed. CCI schedule of charges. My only question now is do I also attach the 8% spreadsheet, have put 8% stat interest down in alternative at the judge's discretion so he has the amount but should I also supply this spreadsheet.

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Hi Doo,

 

A few checks with the N1....have you put your title? make sure you also include cap 1 addy in the box at the bottom left hand corner of the 1st page and also type statement of truth at the end of your POCs (sounds like you have though) these were all reasons why I had some N1s sent back to me lol.

I asked for 8% as an alternative but didnt send the spready cos I think that will lead the bank to offer 8%. If it goes to court you can supply the spready then....thats my view though, someone may advise different....oooh and dont forget to send recorded delivery lmao

 

P.S. Thanks for the click before...only just noticed it x

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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OMG doo, this is getting Scary....you must have been typing on my thread as I was typing on yours! lmao

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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lol - we must have missed by seconds.Anyway thanks for that post thats just what I wanted, have put my title, kept thinking of you as I did it as I know you had one returned, also added cap one address at bottom left hand corner and added statement of truth at the end of the POC (not every page) exactly as it is on N1.Agree with you about 8% spready, I thought by enclosing it you are almost inviting cap one to offer 8% (which I really don't want) - the amount is there for the judge.Am going to take it to the court on Thursday without fail, I feel happy with that now its all printed up and ready. Thanks sonja.

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Good on you. Finally you can kinda get it off your hands (so to speak). Im still waiting for the court to acknowledge mine. When I phoned last week they said they are really busy and really short staffed...they cash your chq quick enough though!

Must be all the bank charge claims coming in via the buses instead of the vans lol

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Yep can't wait to hand it over tomorrow. As for the court's being really busy it's a shame the banks can't stop wasting court time, I reckon you are right with charges turning up in buses, can you just imagine. I am just praying I don't get any post from Cap One now until I submit my claim.

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Just subscribing Doo - interesting stuff re: the CCA (non enclosure). I was just about to write and ask for mine. As I now have a court date I may write directly to Ms Starr.

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Yes, interesting to see if others have had the same. To date it's Bill-k and me. sarahpp, perhaps you could answer a query for me, have N1 all ready to go but have noticed a post on redsonja's thread on someone asking advice about claiming daily rate. I have not done this - am claiming CCI so did not bother with daily rate I thought it was not applicable but have just worked this out and it is £2.21 a day, can't remember if you are claiming CCI and if you are have you claimed daily rate at CCI rate.

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Thanks Sarah, I expect the fun will begin now but am not worried at all. You seem to have come to a bit of a halt with yours.

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Just thought Id let you know that I sent CCA request to Cap 1 and should have had it by 23rd March...guess what? no reply!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hey doo, glad you sorted out daily rate...I was thinking of you when I went to bed (lol) and remembered that I forgot to say about adding the daily rate line at the bottom of your value section!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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