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    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
    • Presumably you have got the name and address of the van driver. Do you have the insurance details of the van driver? We need to start getting hold of other people statements. It's extremely unfair that Skippy are making decisions on your behalf and not showing you any of the so-called – evidence – or lack of evidence that they apparently know about. I'm a bit concerned that in your account though you talk about driving along at 30 miles an hour and then after the accident you talk about driving "slowly". What kind of van was it? Do you know what I was doing there? Was it there because the driver was working or is that where they live?    Was there a passenger in the van? What about the road conditions? You say that there was ice and snow but was it dark? Did people have their lights on? Did the van driver have his lights on?  
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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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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