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    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
    • That's great work.  Well done on both the content and the level of snottiness.  That's exactly the sort of thing your wife should send, let them know she's sussed their sordid scheme and will be big trouble for them if they do court.  Fancy trying to charge her for overstaying for one minute!   Excellent "Dear Philip and Sian" research, I must confess I didn't know who ran PE, this will be something to suggest to Caggers in future PE cases!   If none of the other regulars object invest in a 2nd class stamp tomorrow and get a free Certificate of Posting from the post office. My Road My Town My County My Postcode Date Your Reference No. Dear Philip and Sian, Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up! Now, you know that your claim has no basis and I know that you know that your claim has no basis Your can either drop this hopeless case or get a good spanking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and I’ll be able spend some of your ill-gotten gains. Me
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TonyBoland vs HALIFAX


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Hi,

 

I woiuld like to say firstly that I think this site is worth its wieght in Gold and thanks to everone for providing support through this difficult time!

 

Ive posted my statments to Halifax going back to 2002 and they total to just under £2300. I stated in the letter that I wanted this money back plus the 8% interest - I think this may have been a mistake!? I used the template posted on the CAG website (Thanks very much guys!) and the 14 days is up on the 14th Feb. Ive recieved a letter saying that the pack will be sent to the customer complaints dept and had a leaflet about how the complaints process works, but ive had no correspondance since.

 

Going back to the 14 days - What happens after this date? - do i send another letter saying that 3I will start legal action and wait 14 more days or do I begin court action. Im pretty nervous about all this as im not legally minded.

 

Any support/suggestions would be greatfully appreciated!

 

Thanks

 

Tony

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Hi tony.

 

Dont worry about that. On here everything is tried and tested, If you just follow the guide lines you will be fine. ;)

This is an excellent start.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/64209-how-many-letters-needed.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

And here are all the letters you will need.

 

If you need any help just shout, but have a read first so you will know exactly where you are.

  • Haha 1

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thanks a million! Do you think ill be ok with asking for the 8% back as well? i think maybe i overdid it a bit?

 

Have you ever heard of any cases where people have made claims in the court and lost to a bank? as im yet to see any evidence of people losing through through the courts

 

Thanks

 

Tony

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Thats ok, Just leave it out now until you get to the court stage.

 

Different websites have different ways, but everyone on here are doing the same way and getting paid. With interest...!

 

 

If you have to issue a court claim, the spreadsheet mentioned earlier will also calculate interest at 8% as allowed by s.69 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thanks - if it comes to settling before the court stage ill leave out the interest.

 

Many thanks sea-side lady! (i wish i lived near the sea side)

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Hi,

 

Its coming up to 14 days since my first letetr and i still havent heard anything from Halifax. Is this normal? Do i need to issue another letter after the 14 days is up or do contact them directly?

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Tony,

Click the link - it will help you:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

If you have only sent off your prelim - asking for it back, you will need tosend off you LBA (Letter Before Action) and another copy of the spreadsheet containing a copy of your schedule of charges - sea-side lady put the link on her ealier post, but here it is again:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Every thing that you'll need to send to thebank or court (if it gets that far) are in the Template Library. The only other advice is to read, read and re-rea as many threads as possible. It will give you an idea as to how Halifax respond at different stages, but not all claims are the same...

I've just filed my N1 (claim form) at court this mornig (LBA expired Saturday), but there is another thread on this forum from 2die 4 who started his claim 5 days after i did, and he has had an offer prior to going to court. The only rule regarding timescale and Haliprats is - There are no rules..!

Read the threads, step-by-step instructions and follow the advice on this site and you should be fine..

Survivor :cool:

  • Haha 1

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor 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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Hi

 

 

Ive just re - read my above email and I apologise but this wasnt my preliminary letter. I actuall posted my LBA on the 31st Jan so the 14 days is up on the 14th Feb! Is it wise to maybe phone the bank and speak top them before filing a claim in small claims?

 

Im really not too confident about having to take this to court but i will If im entitled to the money back and im pretty sure i am. Sorry for just whining on but this is making me really nervous and im having trouble thinking about anything else. :(

 

Thanks!

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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This is a personal decision. I know a few people have managed to get their amount when they phone, but also some come off the phone more mad and determined. It must depend on who you get.

 

Please dont be put off about the court. It sounds very scary but it is just paper work and people all help on here.

 

If you do decide to carry on then file claim and take a deep breath, but you might be one of the lucky ones on the phone! They tend to offer a low amount but you haggle it up to your amount.

  • Haha 1

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi, I spoke to Halifax customer services today and they said they hadnt even consulted my complaint yet or placed an advisor to it. They said that they work to the financial ombudsmans guidlines of 4 weeks!

 

Im not sure what to do about this as my first letter to halifax was essentiall my LBA and stated that they had 14 days to respond. Should I wait for the bank to contact me re my claim? or can i file the N1 as of today?

 

Also, i think that at a couple of occasions I have gone into the bank and contested some charges and i cant really remember when this was - and its quite difficult to see where the banks have refunded individual claims on my statements. Im sure they have refunded maybe 3 or 4 charges over the 5 years of statements but i cant be sure. Do I have to be exactly certain of the charges in the N1 form of can I simply knock of say £120 (for 4 charges refunded) off the total for the times i have been refunded?

 

Please help someone as I really need to get the ball rolling as im financially crippled at the moment - due to horrendous charges this month!

 

Thanks

 

Tony

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Hi,

 

Please can someone help with the above ^^^^^^^^^^^^^

 

My 14 days is up but need advice before continuing with a claim

 

Any advice would help!

 

Thanks all!

 

x

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Tony,

 

They replied to my prelim and told me that they had 4 weeks to respond, but were looking at my complaint. Once the 14 days were uo that I set, I sent my LBA and got a reply at the 11th hour saying that they had a further 14 days filed las Monday.

 

See my thread:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/56689-survivor-halifax-new-claim-3.html#post564350

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor 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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Hi tony,

 

Firsrt of all dont wait for them, they are just stalling you.

 

FILE...!

 

The sooner you file the sooner you get your money back ;)

 

Also if you dont have the dates they refunded i wouldnt bother doing anything. Im sure if they were bothered then they will let you know. If its only about 4 over 5 years and your amount is a nice tidy amount, then just leave it.

 

Have you calculated your interest? Makes the amount look even nicer now!

 

Let us know when you have filed.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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thanks ss lady! Ill file when i get back into my office on monday!

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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certainly wont! Lets hope halifax are as good as thier word, and give us a little xtra! ;) (excuse the pun)

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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As stated above, stick to the tried and tested guidelines. Perversely the Halifax rang me the afternoon I filed at court!!! No I didn't accept. Just keep reading, relax and enjoy being in the driving seat. Sally

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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ARGH!

 

Ive just been reading another thread today and read that when adding up the amounts from the statements - the £28 charge is interest and is not supposed to be accounted for?! is this supposed to be added to the amount claiming back? im really confused!

 

Was going to send the online form today but now im not so sure.... can someone please clarify if these summs are suposed to be added as I have added to them the amount i am claiming and ive added 8% interest to these charges in the online court claim form.

 

Any help or advice woulod be really appreciated!

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Hi all!

 

Im filling in the online claim form on the HMCS website - can anyone lend a hand as to one of the questions;

 

Ive entered this prose into the ‘details of claim’ section in the online claim form – Is this pointing in the right direction or does anyone have any suggestions as what to put here:

 

Halifax Plc have made charges on my account that are contrary to the Unfair Terms in Consumer Contracts Regulations1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation. In addition I believe that the charges are a Penalty and irrecoverable at common law.

 

I have written to Halifax customer relations on the 31st Jan 07 asking for this sum to be refunded with no reply and again phoned customer services on the 15th Feb to ask for the money to be refunded but I still have had no indication as to when this will occur. I am therefore filing this claim to HMCS

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31st July 2003 to 31st January 2007 of £187.01 and also interest at the same rate up to the date of judgment.

 

Im hopeing to file this today so if anyone can help this would be really appreciated!

 

Thanks all!

 

T x

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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Hi

 

I'd change the Interest bit to read :-

 

Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx;

 

Why not calculate the interest upto the date of filing.

 

I'm no expert but it makes it clearer on the no. of days after serving to calculate the total interest.

 

Hope this helps.

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cheers barbershop!

 

Seems like youve done this before - did you file online too? ill make these changes and file later this aft.

Preliminary letter sent 14th December

LBA posted 30th January

Phoned Halifax re: filing N1 14th February

N1 filed: 19th February

Letter offer = £1,850 20th February

Phoned Halifax re: offer 21st February :mad:

Full amount offer accepted 21st February :D

£2,420 credited to account: Pending

;)

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