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    • Well I'm just butting in on this thread and I don't really know at all what's going on – but what I am certain of is that if you decide to take a legal action against somebody – it means that you have a plan to do so. This means that you understand the route, the threat you are going to make, what you are asking for, and when the deadline for the threat has expired then issue the action – no delays, no discussion – nothing. So I understand here that you not even sure who you are going to sue. This means that effectively you may not even have sent your letter of claim to the correct party.
    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
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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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multi_media VS HSBC


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Well it's been a long old haul.

 

Initial claim £852.37

 

HSBC have offered £713.40

 

They say that this is because:

"Your account fees are for holding a Bank Account Plus, a service for which you have agreed to pay a monthly fee with associated benefits. We have therefore deducted £72.65 from your claim."

 

Of course I am going to tell them it's not good enough and that I will take the claim to the local CC.

 

PS

 

Marc - if you want the audio from the LBC interview, I still have it - but no longer work there.

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Initial claim £852.37

 

HSBC have offered £713.40

 

They say that this is because:

 

"Your account fees are for holding a Bank Account Plus, a service for which you have agreed to pay a monthly fee with associated benefits. We have therefore deducted £72.65 from your claim."

 

Of course I am going to tell them it's not good enough and that I will take the claim to the local CC.

 

 

You didn't sign up for the bank account plus service did you? As in my understanding, if you did, this is for a service, and you can't claim this back. Unless of course, they've added this on without your knowledge. Then get em!!

Dani

 

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  • 1 month later...

As an update - and for advice really.

 

HSBC filed a defence for the claim. I have received the court questionnaire and also a letter from HSBC's solicitors asking for a full breakdown of the claim.

 

It seems like stalling to me. Especially as HSBC would have full records of my claim and breakdown of figures etc.

 

Has anyone else come across the same scenario and if so, what has the outcome been?

 

Ta. :)

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DG (HSBC solicitors) often ask for a breakdown of charges it happens to a lot of people. Just send a copy in the post. It is a tactic for stalling but won't slow things up if you send another copy. Have you seen the threads on how to fill in your allocation questionaire AQ?

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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As an update - and for advice really.

 

HSBC filed a defence for the claim. I have received the court questionnaire and also a letter from HSBC's solicitors asking for a full breakdown of the claim.

 

It seems like stalling to me. Especially as HSBC would have full records of my claim and breakdown of figures etc.

 

Has anyone else come across the same scenario and if so, what has the outcome been?

 

Ta. :)

 

the way i see it, once dg solicitors are asking for your breakdown, they are about to offer - so hang in there - get it in the post sharpish!!

If i've been helpful in any way....then tip my scales over there!

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Reading the threads I’m pretty sure DG don’t actually receive anything from HSBC, they work purely from what we and the courts send them. To do anything, most importantly make an offer, they need to see exactly what you are claiming for so your schedule of charges should be sent to them.

Time scales are tricky at the moment, the courts appear to be granting extensions to the deadline dates for DG because of the volume of claims and there are threads that are saying the some of the County Courts are having the same problems too. (Check Themadcap).

pete

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Reading the threads I’m pretty sure DG don’t actually receive anything from HSBC, they work purely from what we and the courts send them. To do anything, most importantly make an offer, they need to see exactly what you are claiming for so your schedule of charges should be sent to them.

 

Time scales are tricky at the moment, the courts appear to be granting extensions to the deadline dates for DG because of the volume of claims and there are threads that are saying the some of the County Courts are having the same problems too. (Check Themadcap).

 

pete

 

Thanks all.

 

Will send over my Q&A asap and keep you updated.

 

:-D

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don't miss the allocation question deadline - that is a court deadline and if you miss it - your case can be thrown out - of course if dg miss it - they get an extra week or two. unfair? you bet. but don't miss the deadline.

 

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

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Thanks very much Laterlaus.

 

So just to get this right.

 

Send a copy of the AQ, plus additional information (taken from post #2) and the Draft order for Directions (taken from post #3) to the County Court.

 

Then send copies of the above, plus a full breakdown of charges to DG Solicitors.

 

The aim of this is to speed up the process and add more 'weight' to the claim - forcing them to settle or not file send in their copy of the AQ.

 

Thanks

 

M_ M 8)

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yes, but even before the aq is due.

send dg a copy of your breakdown now - tomorrow latest - they often ask for this when they are getting ready to deal with your claim.

just send it - with a note saying - please find a copy of my schedule of charges as per your request.

 

no more, no less.

 

then in about 3 days - ring dg - just to see if they have been received.

 

on the aq side of things - just as you said above - but do this other one separately asap. then send the other batch of things - in a few more days - whenever you decide to file the aq - don't miss the deadline.

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