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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.
    • The luxury car manufacturer says its battery-powered sports cars will be made in Warwickshire. View the full article
    • 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
      • 1 reply
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Morning all. Just starting this thread so I can keep track as I go.

 

Currently persuing charges back from the Halifax for 6 years of charges. Have checked back online as far as April 2005 and the charges are currently sat at £1043. Requested statements on 30-01-07.

 

I also have an older current Account with the halifax which may have some charges within the last 6 years which I'll be looking into at a later date. (it's also a Staff Account, so might prove amusing, if nothing else!)

 

One question I have just now - I also have a BOS Credit Card account (Closed last year) which is now an HBOS account and shows up on my Halifax online banking portfolio. Should I be persuing this at the same time, seperately, or does it make no odds that they're now the same bank and I can just get on with it in my own time?

 

Sorry if that's a stupid question, I've read *SO MUCH* on this site in the past 4 days or so, my mind is starting to haze over! :oops:

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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hiya tonedepaer,

 

I would separate the 2 as credit card is very slightly different in charges.

 

Thanks. I'll go with that plan then. Can I do them at the same time as seperate claims, or do I need to wait for the first to be over and done with?

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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Text message from Mrs Tone says 31 fat envelopes arrived in today's post that say Halifax on them. I'm at work til 7 tonight, but I know what I'll be doing at about 7:30! :D

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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Right then. So I've been through 153 pages of statements and stuck all the charges in the spreadsheets. Statements go back as far as March 2003 when I first opened the account.

 

Total Charges: £2074.00

Charges + s69 8% interest: £2394.21

Charges + 28.9% contractual compund: £3611.60

 

 

At the moment, I'm undecided whether to go the whole hog and plough the contractural furrow, or whether to just aim for the basic figures. To be perfectly honest, I personally think that claiming the bank's unauthorised rate is stretching my conscience a bit. Don't get me wrong, I wouldn't expect them to waive it were the tables turned, but it seems to cross the line between getting back what they took and is rightfully mine, and being a money-grabbing so-and-so.

 

BUT, if I'm confident I'll get it, then and extra £1600 would make a lot of difference to my life, so I'll probably just take the plunge. I'll be putting the letter together over the course of this weekend, so I've got some time to think. I've spent this week leafing through all the threads I can find regarding contractual interest, and I've yet to find a successful halifax one. I know there's a few in the pipeline, so I'm unlikely to be the *first*, but at the same time, if it all went wrong it could be the difference between me having £3600 in my pocket, or losing my house.

 

Any advice welcome on this, I'm in no mad rush, just keen to get it right first time with the prelim.

 

This is also a bit of a test run, as next will be HSBC. Account from 6 years ago, where the sums involved (from memory) will be far greater. I'll be sending them the S.A.R - (Subject Access Request) letter next week as well. I'm not sure, but with contractual the HSBC claim might be in mortgage-paying-off territory! :-o

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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  • 3 weeks later...

Right. Scuse the hiatus. I've not been very well.

 

So anyway, I ditched the Contractual Interest and just went for 'what's rightfully mine' as far as I'm comfortable. Prelim letter sent, 13th Feb. Letter received back saying 'Sorry you're unhappy with your charges, we'll get back to you eventually, etc'. LBA sent yesterday. Total charges now £2141.

 

So yesterday afternoon, I checked my online banking, and they've refused to honour a cheque for £10 on the 26th Feb (you can guess what this was for!) despite me having £100+ in the account, and still £20+ available for withdrawl as of today. And (obviously) charged me £39 for the priveledge which they'll be clawing from me on March 5th. I honestly despair. :-x

 

To make matters worse, they let another cheque for £10 go out on 27th Feb without flinching. And I've no idea which bank the one they've rejected is for! I received my Barclaycard statements last week, so I guess it'll be one of the others. But if the cheque that came out OK is for Barclaycard, then they'd supplied the info before the cheque had cleared, so fingers crossed I'll get the statements from whoever anyway! :rolleyes:

 

You never know...

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...

Winner!

 

Yesterday I received an offer letter suggesting I take £1196 as full and final settlement. "It's a start", I thought. So I came on, opened the sample letters for rejecting a aprtial settlement, read them, and then phoned the number on the letter. 15 minutes of civilised chat, and the nice lady on the other end of the phone had written off all pending charges and offered me the full amount of £2113. I couldn't believe how easy it was. I just explained that while I realise I'd have to be fairly assertive to get what I want, I'm a fairly nice guy, I'm not going to shout, and as far as I can see it's a fairly simple situation. I can either hang up, wait until the 15th, and then start proceedings through the court, or I can talk on the phone now and see what we can come up with. If she wants to save the costs of 8% interest and the court fee, then that's fine with me. She said the most she could offer is £2113, which is the total cost of charges on the account to date. I said that'd be fine. I'm expecting a new offer letter in today's post.

Amazingly stress-free. :D

 

I'll stay wary until the money appears in my account, but still!

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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WELL DONE YOU :D:D:D

 

I was successful against halifax earlier in the year - they settled with me too on the phone for the full amount I was claiming £2281. It's a great feeling isn't it?

 

ENJOY ENJOY ENJOY !!!!!

 

Jaxads xxxx

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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