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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

Should i advise my previous?


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Hi, i have been lookin at the martin lewis site and following his template letter (for a change) I have sent 1st warning and recvd letter deniying unlawfull etc and on lewis' site it says send another letter just to say you belive they r unlawfull an you will start court action in 7 days. Do you think i should put in it that i have previously won 4K from Natwest so they know i no its unlawfull?

 

I thought maybe its worth a shot to save goin thru the court process..

 

 

Any thoughts????

 

Steph X

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Hi Steph,

 

The next letter you need to send is a Letter Before Action - not sure whether this is what it is called on the Martin Lewis site as I haven't even seen those letters - but if it isn't then I think you should use the template from this site (Letter Before Action). It won't cause any problems to and ideally you should give them 14 days before you begin action - it shows the court you're giving them a chance to settle. :)

 

I don't want to seem like I'm being really negative but there's no point in referring to any claims against other banks previously as it becomes irrelevant when you're dealing with a different bank, and they won't pay any attention anyway. It certainly won't make any difference to your claim.

 

Just proceed as normal and you will get there. Good luck.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Ok thanks, ill stick to the point ha ha.

 

I have already sent the LBA that was my 1st cus i had charges up on internet bankin so didnt need to request em.

 

The martin lewis site says you can send a 2nd letter b4 u start court action just as a final warning i spose to attempt to settle b4 you have to start court stuff.

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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The first letter should be a preliminary approach to the bank to refund the charges giving them 14 days to do so.

 

If after that they have not responded or not responded favourably you then need to send an LBA giving them another 14 days notice of your intention to file a claim with the court.

 

If they do not respond or do not respond favourably to that then you file a claim.

 

You may want to read the help sections and library where there are many posts to help you along your way as well as templates for most of the letters you will be sending to the bank, court and [problem]

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Hi , I think before you do anything else you need to read the FAQ's here .

 

You also need to work out if you will be following another sites advice or this sites advice and stick with your choice , as you say another site is giving you different time scales .We advise 14 days for your prelim letter and 14 days for your LBA letter this is because you have to show that you have tried to settle your claim and court action was the last resort .A court will look at 28 days being a reasonable time .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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