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    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • 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   
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Drowningindebt v Halifax


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Hi all,

 

What a fantastic website this is- i wished I had found it a couple of years ago and it might have helped me more, however, I am one of the people out there who has a life revolved around debt!

 

Anyway, I just heard about being able to recover bank charges that your bank has charged against you.I was with the Halifax for about 8 or 9 years and over that time I have recieved possibly 100's of bank charges!:-|- yes,I'm a stupid person!!:sad:

 

Anway, I fell into more debt a few months ago and was unable to meet a few bank charges I had forgotten about! The bank charged me bank charges and I was unable to pay them, instead of contacting them, I let it go and they shut my account.

 

I'm I able to still try and reclaim bank charges they have given me over the last 6 years?

 

Do you think I should phone them and try and reopen my account?

 

 

Any help would be GRATEFULLY received as this sort of money could help me go a long way to getting back on my feet and out of debt!

 

PS.Is there any other sort of charges I can reclaim.ie.Gas,Electricit y,Council Tax arrears,mortgage arrears,etc- yes I have the works!

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Hi all,

 

What a fantastic website this is- i wished I had found it a couple of years ago and it might have helped me more, however, I am one of the people out there who has a life revolved around debt!

 

Anyway, I just heard about being able to recover bank charges that your bank has charged against you.I was with the Halifax for about 8 or 9 years and over that time I have recieved possibly 100's of bank charges!:-|- yes,I'm a stupid person!!:sad:

 

Anway, I fell into more debt a few months ago and was unable to meet a few bank charges I had forgotten about! The bank charged me bank charges and I was unable to pay them, instead of contacting them, I let it go and they shut my account.

 

I'm I able to still try and reclaim bank charges they have given me over the last 6 years?

 

Do you think I should phone them and try and reopen my account?

 

 

Any help would be GRATEFULLY received as this sort of money could help me go a long way to getting back on my feet and out of debt!

 

PS.Is there any other sort of charges I can reclaim.ie.Gas,Electricit y,Council Tax arrears,mortgage arrears,etc- yes I have the works!

 

 

Hi ok firstly you can reclaim the charges for your account and you do not need to open the account again.

 

Spend a few days reading the FAQS and step by step instructions, this will give you a sound understanding of how the procces works. Then start a thread in your bank forum and post any questions there.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks, I will do that and if I'm successful I will give a small donation to the website-thanks.

 

 

Thank you. :D and when not if. ;)

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I have had a look through the procedures and I have just printed off a data protection letter requesiong my statements from the last six years. I phoned up the Halifax to see if they would send me this, but because my account was closed they said I should write to

 

Halifax PLC

Customer Relations

PO BOX 548

Leeds

LS1-1WU

 

On the step by step guide, I checed the halifax and it said

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Where do you think I should send the date protection letter to?

 

Many thans for all your help in advance.:D

  • Haha 1

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The best one to use is trinity road.

They will get there by either but once it gets to the court stage you need the trinity road as the other is a po box, so its just easier to get used to trinity.

 

If you need any help along the way just shout, there are plenty of people willing to help you along your way.

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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 - good luck!!! You'll soon have back what they should never have taken from you in the first place!!! It's the people who can least afford the charges who get stung - as those with plenty of money don't get charged!!!!!

 

Have a read of my thread to see how I got on with the Halifax :D :D :D

 

This site is amazing and you'll receive all the help, support and advice you could ever need.

 

Get your highlighter ready !!!!

 

best wishes

 

jaxads x

  • Haha 2

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Many thanks for the words of encouragement and I have just read your thread- well done on getting money back. i really think I have at least 50 charges so I am hoping I will get a fair few pounds back too which would really help me get out of some of the debt I'm in. Fingers crossed and I will keep everyone up to date when I receive the statements.

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I never thought to put this before, but I'm from Scotland and this claim would be under Scottish law!

 

I have just started reading this thread

 

http://www.consumeractiongroup.co.uk/forum/scotland/41999-20-year-claim-limit.html

 

about claiming back for 20 years and in post 8 it says

 

For clarification:

 

20 year prescription applies only in relation to certain obligations. Regardless of how you quantify the obligation to repay bank charges (if there is indeed an obligation, which legally remains to be determined) it will not be one to which the 20 year period applies.

 

As to the question of when the party becomes "aware" that they have a claim, it is necessary for individuals to exercise reasonable diligence in protection of their rights. The banks have been pretty clear in their terms and conditions as to what charges will apply on default and so it is not possible to argue that the banks have in some way "concealed" the charges which they are to apply. The law in relation to unfair contract terms has been in place since 1999 and the law on penalty charges has been clear for decades. As a consumer you could easily have sought advice on the lawfulness of the bank charges by consulting a legal adviser or citizens' advice bureau. This is what is meant by using "reasonable diligence". If you have failed to do that, the courts will not entertain an argument that you did not know until other people started to claim or the OFT report came out. Individuals must look out for themselves.

 

Fact is, any claim you make in relation to bank charges in the Scottish courts, whatever its legal basis, can only be made from a date 5 years prior to the date you claim.

 

Hope that clears matters up.

 

Does this mean I should be looking to claim back 5 years worth of bank charges or 6 years?

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  • 1 month later...

Got my statements through today and I have a few questions-

 

When can I claim from?

I am going to be claiming for the six years (despite staying in Scotland), at what stage will they need to know I will be going through the courts in England if need be?

Will I highlight the charges I am claiming back and send them all my statements back or just the ones with the charges I am claiming?

Will I send the orgional statements and should I photocopy them?

Also on the statements it only states "Charges as notified" how do I know what it is for, or does this not matter?

 

 

Many thanks in advance.

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If you are claiming 6 years then your claim date is 6 years from the date you sent SAR.

 

When you have highlighted your statements and worked out how much they owe, then transfer the info onto your spreadsheet.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

You only need to put "charges as notified" you dont need to detail them.

 

I hope this helps, if you need anything else just shout.

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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No, But send a copy of your spread sheet with both letters. Your prelim and lba.

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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No problem.....:D

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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  • 4 weeks later...

I sent the first letter(prelim) back about the 12th April and I have received the standard letter back saying "we are dealing with your complaint and it will take 8 weeks to solve,etc". I presume I send off the next letter after 14 days has expired?

 

Also, I never added on the SAR cost and postage costs- can I add these in the second letter?

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Yes you can, are u claiming contractual interest as well?

 

 

regards....

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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  • 2 months later...

I eventually got round to sending off both the prelim and LBA letters over the last few months and was getting round to taking it to the next stage when I got a letter last week that they didn't except responsibilty, but would pay me £1100 (looking to claim £2500), but if I cashed it, then I wouldn't take it further.

 

I haven't take it to the court stage yet, but I received a chque for £1100 today with a letter saying,

 

"Pleas find a cheque for £1100 in full and final settlement of our your complaint.

 

I trust that this is satisfactory, but please contact customer relations on the above number if you require any further assistance,"

 

 

I am really skint and I am about to cash the cheque- will I not be able to continue my case for the the other £1400 odd if I cash this?

 

Any help would be greatly appreciated.

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Hello D,

 

 

phone tham and ask for extra £1000- see what they say.. it probably feels hard, but you will get your full claim if you push a bit more.. They are all nice on the phone. tell them that you are ready to file a claim and will settle only if they pay no less than 75%...

 

They will settle...

 

 

regards,

 

 

 

itsme

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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