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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

Steve4Ann29 v Abbey


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Hi.

As suggested by "bitingback" I am starting this thread for any other Abbey customers who wish to comment or advise.

 

I sent a letter to my bank requesting information of charges for the last 6 years. They replied to me rather cordially stating that they could not supply a list of charges to my account for the last 6 years as they do not store this information seperate from other account information. They then sent me statements for the last 14 months. They stated that any information for 2001-2005 is stored on microfiche and not available on thier computers. However they said there is a £10 charge for the provision of this information which they would then process the information upon receipt of the £10. They did, however, refund the £10 I sent for the Data Protection information. So at least I have a start. icon10.gificon7.gificon14.gif

 

Following the first letter I got a reply: They have said I have eight weeks to reply and after that they will asuume I no longer need the information. However I don't think I need to get the information from them as I have all my bank statements right back to 1998. The only thing I am unsure about is how to write the Schedule of Charges. Do I just write all the charges and toals on a normal piece of paper or do I have to write it in a pre-printed form? Either way I got a lot of looking at statements to do to sort the charges all out..........lol

 

Many thanx for the reply from "bitingback" about the way to list the Schedule of Charges

 

Regards

Steve

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Steve

There's a link on how to add it all together and apply the interest to their charges too I shall try and find you the link (I'm quite new to the board too)

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hi Steve,

 

if you have all the statements, then you build a schedule of charges in an Excel spreadsheet, with columns listing the date of the charge, what it was for and the amount. In order to calculate the 8% interest on each charge, add two more columns, one called "days since charge" and the other with called "Amount of Interest" You shoudl hide these two columns until you get to the court stage, which you lmost certainly will. Formulas for working out the days and interest amount can be found in the Spreadsheets section of the template libraray. Make sure to include a copy of teh schedule with each communication you send to the bank

 

Cheers

Rob

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Use the Simple S/S here:

 

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

and visual guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

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Dear all there is no need to use excel or any other program. I believe there is a calculator on this site, and I know there is one on the Moneysavingexpert site that also adds on the interest automatically. I'ts so simple you just put in dates and amounts and it lists them and adds them up for you too!

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Dear all there is no need to use excel or any other program. I believe there is a calculator on this site, and I know there is one on the Moneysavingexpert site that also adds on the interest automatically. I'ts so simple you just put in dates and amounts and it lists them and adds them up for you too!

True. But you can't save it, only print it out and you cannot enter the type of charge, this has to be done by hand afterwards. However, if you don't have Excel or can't cope with spreadsheets, it's extremely useful.
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