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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 3127 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Hi Patricia,

 

Mine is just over £1000, and i got a cheque through the post for half the amount, just after I had issued court proceedings. Of course I have not accepted it, and I will hold out for the full amount. I also have just received a full refund from Sainsburys of £100. Not alot, but every penny counts as far as i can see.

 

Let me know if you have any questions, its probably best to start your own thread as well

 

Stef

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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Hi Stef

 

Thanks so much for that - just found the 'Letter Before Action'

Not used to this kind of thing...

It's great to know that this site exists and that people actually offer support and help! Will be sending off the LBA once I've read through a few more postings. Especially the ones where Y/B have refunded! feel a bit wary though, I must admit..asking for so much dosh back!

 

will keep you informed - Patricia

Hi Patricia and welcome. Can I suggest that you start your own thread so we can all follow your progress, and if there are questions you have that aren't answered in the FAQ's we can try and help you out.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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YEEEEEESSS!!!!! Massive congrats to you - I've been away for a while and THAT has made brilliant reading!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Well Done with your WIN SR7133.

 

Just out of interest ........

 

Did you respond to the counterclaim ?

 

Have been following for some time and correct me if wrong.but if the claimant does not respond by means of defence to the counterclaim within 14 days then they can enter judgement on the claimant.

 

Can you advise .

 

Thanks

 

MF5

 

By the way this is in small claims court in England I think .

 

Does this apply in Scotland as well?

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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Maroonfox/

 

I think that there may be a difference in the two legal systems but in short the answer would be no. Betwen the Preliminary and Full Hearing, Clydesdale Bank offered to settle for a smaller amount but when I rejected this they came back with the full amount + interest etc. Had this not occurred then I was going to Court to present my case - I had no information about responding to their counterclaim but I will find this out if I get to this position again. Now claiming refund of charges from Clydesdale Bank for £1780 which were incurred between 2002 and June 2005 and will take this up in £750 "bites" (keeps it in the Small Claims Court where expenses are capped at £75)

 

Best of luck with your claim.

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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SR7133,

 

Thanks for your reply.

 

Really glad I bought the small claims procedure guide book ,by P Pearl.......

just found this on page 54.

 

Quote

 

'Warning: with effect from 2 May 2000 a defendant can obtain judgement in default of defence to counterclaim in Small claims cases':x

Looks like YB are trying to pull a fast one on me as I would have totally missed this..........I have to defend this within 14 days .

 

Done it today.

 

Better start a new thread on this one.

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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SR7133,

 

Thanks for your reply.

 

Really glad I bought the small claims procedure guide book ,by P Pearl.......

just found this on page 54.

 

Quote

 

'Warning: with effect from 2 May 2000 a defendant can obtain judgement in default of defence to counterclaim in Small claims cases':x

 

Looks like YB are trying to pull a fast one on me as I would have totally missed this..........I have to defend this within 14 days .

 

Done it today.

 

Better start a new thread on this one.

 

Regards

 

MF5

 

Interesting.So am I correct in thinking that if they counterclaim and we dont respond with a defence,then they win? Or if we do respond with a defence,then we are back to square one.Because they would then have to appear in court and justify thier charges to win thier counterclaim

;) If this helps please click the scales bottom left
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Rang the court this morning and asked them what to do.

 

They said until the case is allocated as it hasn't been done yet I have time to defend counterclaim from then .

 

So just waiting for that to arrive with a copy of their defence.

 

I thought I had to respond to the defence and date that was sent to me by YB direct

.

 

Will update and start a new thread

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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  • 1 month later...

It's Good To See That You Have Won Your Case>this Bank Put Me In Deep Debt Because Of Unfair Charges>i Intend To Start Action Against Them Unfortunately I Am Not It Literate So I Expect To Take Longer Going Through Website

Well Done And I Hope I Have The Same Success

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This correspondance has been inspirational!

I will be watching your case with great interest.

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

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  • 1 month later...
  • 4 weeks later...

Pitsfordpirate

 

Apologies for not responding sooner but in relation to my subsequent claims my new thread is here - getting there slowly but surely

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/27700-sr7133-clydesdale-bank-pre.html

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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hello all

 

Not sure where to post this - but recieved letter today to say YB have settled out of court for my claim of 682.00 - taken since August 1st - soooo pleased and I wish everyone the best of luck with their claims - hope some more come through before Christmas !!! can't get to demo on 1st Dec. but will be watching the news and will be there in spirit with each and everyone of you xxxxxxx

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  • 1 month later...

Hi - I'm very pleased you got your money back! I had to put everything on hold for one or two reasons. Anyway, I'm back, but I need some help please!!! I purchased the small claims pack and am just goingto fill in the N1 form on line. But what address to I put on the form for YB? Is it my branch? Or is it the Head Office? What's teh address if it is the latter? Am I doing this right do you think? Bit confused! Incidentally, I got a letter back from my branch in September to say that if they hadn't heard from me in 8 weeks they would consider rhe matter closed! Do I have to go through the whole rigmoroll again or can I proceed with the claim? Any thoughts, help or advice would be very much appreciated!!

 

Patricia C:confused:

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Hi Patricia C

 

I would suggest that you start your own thread on this matter(it keeps things clearer)

I would put your local branch address that you banked at then your claim can go up to £5K in small claims as it is in England and you can use MCOL.

Don't worry about the 8 week thing thats on their terms not yours.If you have done the prem and LBA letters then I would go straight to MCOL stage .Also make sure that you have sent them a schedule of charges to date.

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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  • 5 months later...

Hi

 

 

I received my bank statements(after about 80 days)

 

I have totaled up the charges over the past 6 years which amount to £4000 (not including interest.)

 

As I live in Scotalnd should I avoid the small claims court and go straight to the ombudsman or do i have to make 5 separate claims?

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First of all i would like to congratulate SR7133 from beating Clydesdaly! there an absalute mennace!! there really anoying me just now! took me monthsto recieve my statements/charges through the post! eventually when i tottaled them up - £about £1600 sent them a letter asking for the full amount they tried to fob me off with a check for £200? are you joking!!! who do they think they are!? anyway i have my complaint joined with the FOS, They told me to send the check back and they can hopefully get the full amount back to me? i think the FOS Is very helpfull and saves alot of time going through courts etc! xx il let you know what my next offer is from the bank? fingers crossed its more than £200 xx

Thanx for your help again,

 

Caroline x:p x

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  • 4 years later...

£599 Product Fee

£40 BACS charges

over 5.5x the Boe base rate

What does it get you a first time buyers mortgage where the bank are 5 days late completing the draw down payment to the solicitor and risk loosing your first home! To top it off not even a sorry or genuine regret! The managers arent mortgage trained so cant help you so you get papped through to a call centre where the manageress refuses to speak to you or acknowledge the size of the problem!

I have started a facebook and twitter account to share stories

ClydesFailBank look it up and join in!

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  • 3 months later...

eros3086 xanga com/765817744/another-glance-at-catalog/ ]source of info johnofgaunt5417 xanga com/ ]found it mechanic1750 bcz com/2012/07/17/knockdown-an-in-depth-evaluation/ ]as an example When Kriemhild heard what he had done to Hagen of Trony in the strife,will send my minstrels as envoys to thy friends in Burgundy "Etzel letteth none intercede "better or more mildly For this she was famed among the Huns till thebefore downloading, copying, displaying, performing, distributing or ipopodes9799 livejournal com/529 html ]from here Secrets About Friday The 13ThMore About Breaking BadLearn More About Paulina GretzkyDez Bryant And YouMore Information On Celeste Holm

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  • 6 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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Please note that this topic has not had any new posts for the last 3127 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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