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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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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
    • 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

polar_b vs National Westminster Bank


Please note that this topic has not had any new posts for the last 5295 days.

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Sent off DPA request 09.04, 07.05 got a tatty brown envelope containing statements for last six years. Signed none other than...Stuart Higley.

 

Total charges: 2,280. Tweaked preliminary letter from template, sent off today by recorded signed for.

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I received a tatty envelope too. The Post office give guidelines on packaging. I complained it was their fault in the packaging, they refunded my £5 I'd paid for the service as I considered the service to be very poor. Give it a go. I did it all by phone. It's in my thread Vampiress v Natwest. I wrote to my MP too.

 

Good luck with the rest of your claim.:)

[

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  • 2 weeks later...

Received a letter dated May 18th. Seems to be the standard letter - their views differ blah blah. They are offering a partial refund of £441.

 

I am of course not accepting this, it's laughable. Will send them a LBA.

 

It makes me think, though: If the bank was on such high legal ground why are they offering me a partial refund? Surely if they felt they had nothing to fear they would just let it all go to court - provided they had a water-tight legal defence. Obviously they do not so they are resorting to these tactics. Hmm....

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Received a letter from the Chatham Customer Service Centre. They say they have received my "thanks but no thanks" letter and say the matter has now been referred to the Bank's Customer Relations Unit who will review my case and get back to me directly "in due course".

 

Signed a Mike Hodge, in the Customer Care Team.

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  • 3 weeks later...

Received another letter dated 28.05.2006 from Customer Relations in Borehamwood. They are saying they are sorry I declined their offer of £411 blah blah, and are disappointed that I am contemplating legal action against the bank.

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I have now finally managed to submit my claim!

 

I found the process very very difficult. I have dyscalculia, which means I have problems processing numbers. I found the spreadsheet templates difficult and because of my dyscalculia I cannot see if something is obviously wrong - even if a calculation is hundreds of pounds off. It's been harrowing but I got there in the end.

 

The first thing I did was make the font in the spreadsheets I was working on much bigger - this makes it easier for me. Then I discovered the template assumed dates written in d/m/y format such as 3/5/06. I had of course entered my dates as ISO and Y2K-compliant 03.05.2006 and it took me a while to work out that it was in fact the format of the dates that made the template not work. After correcting this I got everything to work and got a much bigger sum than I had expected.

 

My sum total for charges was 2487 and with interest this amounted to 2,934.12. With the court fee this brings it all to a whopping 3054.12. I did not include any other interest than the 8% as I found that too difficult for me to handle (remember I have problems with even basic maths).

 

What happens next will be interesting. Judging from other threads here it seems they will send me a letter from a solictors firm, asking for details of charges - have already lined up this information.

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Hi polar_b, I also have Dyscalculia and believe that is part of the reason I have got myself into so much debt - numbers are so difficult for me that I always avoided involvement in anything number/money related - until now!

 

Good luck with your claim, I'm looking forward to hearing you say you got all your money back :)

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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Hi polar_b, I also have Dyscalculia and believe that is part of the reason I have got myself into so much debt - numbers are so difficult for me that I always avoided involvement in anything number/money related - until now!

:)

 

It's good to know it's not just me! I find numbers so hard and I have had so many traumatic experiences in the past that I now find it very difficult to relate to numbers. Ironically it was a letter from Capital One which made me actually make a spreadsheet detailing my income and expenditures - they required this before they say OK to my repayment plan.

 

Today I recieved a letter from Northampton CC acknowledging my claim. Can't wait to see what happens next!

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  • 2 months later...

Well, what can I say - this matter has now come to its conclusion. I have got what I asked for.

 

I must admit it has left me with a bitter taste in my mouth though, because:

 

* It's my money. My lovely money which I have earnt fair and square and paid taxes on. I cannot believe how much has been involved in getting my own money back.

 

* The way the bank has played this. They have tried to make it as difficult as possible and it seems only those who really persevere until the end get a decent result. Their tactics are all above board but trying to scare me by saying that they believe my case will fail in court seems a bit over the top.

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  • 12 years later...

This topic was closed on 10 March 2019.

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

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Please note that this topic has not had any new posts for the last 5295 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.

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